Baker v. . State

At the time of his injury the plaintiff was an enlisted private in the North Carolina National Guard. In determining his legal relation to the State we may observe that the National Guard is an organization of the State militia, which does not become a part of the United States Army until the Congress declares an emergency to exist which calls for its services in behalf of the nation. Bianco v. Austin, 204 App. Div. (N. Y.), 34; S. v. Johnson, 202 N. W. (Wis.), 191; 32 U. S. C. A., sec. 1, et seq.; U. S. Compiled Sts., Supplement, 1925, sec. 1715a, et seq.; N. C. Code, 1927, sec. 6808, et…