State Ex Rel. Lommen v. Gravlin

Stone, Justice.

In this proceeding in the nature of quo warranto, the information and alternative writ are challenged by respondents’ demurrers and motions to quash.

August 28, 1940, the governor, as commander-in-chief of the military and naval forces of the state, formally directed the adjutant-general to “proceed at once with the organization, training and equipping of a State Defense Force from the Unorganized Militia as provided” by 1 Mason Minn. St. 1927, §§ 2399, 2404, 2407. The purpose was to create a substitute for the National Guard as and when the latter is ordered into active duty…