Legislation
SECTION 24
Bureau of war records; completion and preservation of the records and relics; free inspection of the same and quarters in the capitol
Military (MIL) CHAPTER 36, ARTICLE 1
§ 24. Bureau of war records; completion and preservation of the
records and relics; free inspection of the same and quarters in the
capitol. 1. The adjutant general shall cause the chief of staff of the
state to establish and maintain as part of his office, a bureau of war
records, in which all records in his office relating to the wars in
which the state participated, and relics shall be kept. The chief of
staff of the state shall be the custodian of all such records, relics,
colors, standards and battle flags of New York troops now the property
of the state or in its possession, or which the state may hereafter
acquire or become possessed of. The adjutant general, upon
recommendation of the chief of staff, shall appoint a chief of this
bureau, who shall hold office under his direction for six years.
2. The chief of staff of the state by all reasonable ways and means,
shall complete such records and gather from every available source such
colors, standards and battle flags as were borne by New York state
troops in the wars in which the state participated, and such statistics
and historical information and relics as may serve to perpetuate the
memory and heroic deeds of the soldiers of the state, and keep and
carefully preserve the same in such bureau.
3. He is authorized to request and accept from incorporated
associations of veterans of the different regiments, statements and
information duly authenticated by them, descriptive of their colors,
standards and battle flags, together with the number and class of arms
of the regiment, the date and place of muster into the service of the
state and also into the service of the United States, the period of
service, and the date and place of muster-out, the date of departure for
the seat of war, and the various battles and engagements and places of
service, including garrison duty, the time of joining brigades, corps
and armies, with the time and nature of the service, and the names of
colonels of such regiments, the names of those killed in action,
including those who died of wounds, and the names of those who died of
disease during their period of service. He is further authorized to ask
the cooperation and assistance of the adjutant-general of the United
States, and of the city, county and town authorities and officials, and
of the Grand Army of the Republic, the Military Order of the Loyal
Legion, the United Spanish War Veterans, the American Legion, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., Vietnam Veterans of America and of other organizations
and persons in the state of New York and elsewhere in the collection of
such other information, relics, memorials and battle flags as is
contemplated by this article, in order to make as complete as possible
the records, history and statistics of the patriotic service of the
soldiers of the state during the wars in which the state participated.
4. The chief of staff of the state is directed to cause to be
transcribed and kept in books of record in such bureau the historical
facts, information and statistics as provided above; and is authorized
to determine a convenient size for the volumes in which such statistics
and historical data may be bound, and to request veteran associations
and others proposing to supply such historical data and information to
furnish the same on printed or manuscript sheets of a uniform size to
correspond with the size of such volumes.
5. He is further authorized to provide locked and sealed cases with
glass fronts, as nearly air-tight as practicable, in which shall be kept
and displayed the colors, standards and battle flags above mentioned,
and receive placards in duplicate, which incorporated in regimental
veteran associations are privileged and empowered to furnish and upon
which shall be inscribed synopses of the historical information and
statistics herein provided to be furnished to such bureau by regimental
veteran associations, or failing to receive such data and information
from such veteran associations, for the preparation of such placards, he
may utilize the authentic information which he may obtain from other
sources, as herein provided, which placards shall be uniform in size and
color and shall be attached to or conspicuously placed in proximity to
the colors, standards and battle flags to which they refer. If any
placard or inscription shall be lost, destroyed or removed, the chief of
staff of the state shall at once replace it by duplicate of the original
on file.
The legislature shall annually make suitable appropriations to enable
the adjutant general of the state to carry out the provisions of this
section.
6. a. The books, records, relics and other property in such bureau
shall be open for inspection and use, except the use of the colors,
standards and battle flags, at such reasonable hours and under such
regulations as the chief of staff of the state may determine.
b. No property placed in such bureau for the purposes of this section
shall be removed therefrom, or from the immediate custody and control of
the chief of staff of the state, except as follows:
(1) colors, standards, battle flags and guidons received from the
United States may be turned over by the chief of staff, with the
approval of the governor, under such conditions as the governor may
prescribe, to active organizations of the New York national guard and
New York naval militia, representing the organizations which carried
such colors, standards, battle flags and guidons while in the active
military service of the United States;
(2) the chief of staff of the state, subject to the approval of the
adjutant general, may lend any of the property placed in such bureau for
the purposes of this section to a public corporation or agency thereof;
state institution or other state agency; educational corporation or
institution; museum; or historical society under such conditions as the
chief of staff may prescribe;
(3) notwithstanding any other provision of law, the chief of staff of
the state, subject to the approval of the adjutant general, may destroy,
sell or otherwise permanently dispose of any property in such bureau,
except books and records, provided he:
(a) advises the state historian of the nature of the property;
(b) certifies to the state historian that such property no longer has
sufficient administrative, historical or military value to warrant its
retention; and
(c) receives the consent of the state historian to the destruction,
sale or other permanent disposition of the property;
(4) books and records in such bureau shall be disposed of or destroyed
in accordance with the provisions of subdivision eleven of section 57.05
of the arts and cultural affairs law.
7. The commissioner of general services is authorized and directed to
provide suitable and convenient quarters in the capitol for the bureau
of war records whenever the adjutant general shall require and make
demand therefor, and to properly fit up and prepare the same for the
safe-keeping of such records, books and property, and for the display of
such colors, standards, battle flags and relics which shall be known and
maintained as the hall of military records. The several municipalities
of the state may deposit their record books and papers relating to the
wars in which the state participated in the archives of the hall for
safe-keeping, and transcripts therefrom shall be furnished on
application by the chief officer of the municipality without cost to it.
Officers or soldiers may deposit therein their discharge papers,
descriptive lists, muster rolls or company or regimental books and
papers for safe-keeping.
records and relics; free inspection of the same and quarters in the
capitol. 1. The adjutant general shall cause the chief of staff of the
state to establish and maintain as part of his office, a bureau of war
records, in which all records in his office relating to the wars in
which the state participated, and relics shall be kept. The chief of
staff of the state shall be the custodian of all such records, relics,
colors, standards and battle flags of New York troops now the property
of the state or in its possession, or which the state may hereafter
acquire or become possessed of. The adjutant general, upon
recommendation of the chief of staff, shall appoint a chief of this
bureau, who shall hold office under his direction for six years.
2. The chief of staff of the state by all reasonable ways and means,
shall complete such records and gather from every available source such
colors, standards and battle flags as were borne by New York state
troops in the wars in which the state participated, and such statistics
and historical information and relics as may serve to perpetuate the
memory and heroic deeds of the soldiers of the state, and keep and
carefully preserve the same in such bureau.
3. He is authorized to request and accept from incorporated
associations of veterans of the different regiments, statements and
information duly authenticated by them, descriptive of their colors,
standards and battle flags, together with the number and class of arms
of the regiment, the date and place of muster into the service of the
state and also into the service of the United States, the period of
service, and the date and place of muster-out, the date of departure for
the seat of war, and the various battles and engagements and places of
service, including garrison duty, the time of joining brigades, corps
and armies, with the time and nature of the service, and the names of
colonels of such regiments, the names of those killed in action,
including those who died of wounds, and the names of those who died of
disease during their period of service. He is further authorized to ask
the cooperation and assistance of the adjutant-general of the United
States, and of the city, county and town authorities and officials, and
of the Grand Army of the Republic, the Military Order of the Loyal
Legion, the United Spanish War Veterans, the American Legion, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., Vietnam Veterans of America and of other organizations
and persons in the state of New York and elsewhere in the collection of
such other information, relics, memorials and battle flags as is
contemplated by this article, in order to make as complete as possible
the records, history and statistics of the patriotic service of the
soldiers of the state during the wars in which the state participated.
4. The chief of staff of the state is directed to cause to be
transcribed and kept in books of record in such bureau the historical
facts, information and statistics as provided above; and is authorized
to determine a convenient size for the volumes in which such statistics
and historical data may be bound, and to request veteran associations
and others proposing to supply such historical data and information to
furnish the same on printed or manuscript sheets of a uniform size to
correspond with the size of such volumes.
5. He is further authorized to provide locked and sealed cases with
glass fronts, as nearly air-tight as practicable, in which shall be kept
and displayed the colors, standards and battle flags above mentioned,
and receive placards in duplicate, which incorporated in regimental
veteran associations are privileged and empowered to furnish and upon
which shall be inscribed synopses of the historical information and
statistics herein provided to be furnished to such bureau by regimental
veteran associations, or failing to receive such data and information
from such veteran associations, for the preparation of such placards, he
may utilize the authentic information which he may obtain from other
sources, as herein provided, which placards shall be uniform in size and
color and shall be attached to or conspicuously placed in proximity to
the colors, standards and battle flags to which they refer. If any
placard or inscription shall be lost, destroyed or removed, the chief of
staff of the state shall at once replace it by duplicate of the original
on file.
The legislature shall annually make suitable appropriations to enable
the adjutant general of the state to carry out the provisions of this
section.
6. a. The books, records, relics and other property in such bureau
shall be open for inspection and use, except the use of the colors,
standards and battle flags, at such reasonable hours and under such
regulations as the chief of staff of the state may determine.
b. No property placed in such bureau for the purposes of this section
shall be removed therefrom, or from the immediate custody and control of
the chief of staff of the state, except as follows:
(1) colors, standards, battle flags and guidons received from the
United States may be turned over by the chief of staff, with the
approval of the governor, under such conditions as the governor may
prescribe, to active organizations of the New York national guard and
New York naval militia, representing the organizations which carried
such colors, standards, battle flags and guidons while in the active
military service of the United States;
(2) the chief of staff of the state, subject to the approval of the
adjutant general, may lend any of the property placed in such bureau for
the purposes of this section to a public corporation or agency thereof;
state institution or other state agency; educational corporation or
institution; museum; or historical society under such conditions as the
chief of staff may prescribe;
(3) notwithstanding any other provision of law, the chief of staff of
the state, subject to the approval of the adjutant general, may destroy,
sell or otherwise permanently dispose of any property in such bureau,
except books and records, provided he:
(a) advises the state historian of the nature of the property;
(b) certifies to the state historian that such property no longer has
sufficient administrative, historical or military value to warrant its
retention; and
(c) receives the consent of the state historian to the destruction,
sale or other permanent disposition of the property;
(4) books and records in such bureau shall be disposed of or destroyed
in accordance with the provisions of subdivision eleven of section 57.05
of the arts and cultural affairs law.
7. The commissioner of general services is authorized and directed to
provide suitable and convenient quarters in the capitol for the bureau
of war records whenever the adjutant general shall require and make
demand therefor, and to properly fit up and prepare the same for the
safe-keeping of such records, books and property, and for the display of
such colors, standards, battle flags and relics which shall be known and
maintained as the hall of military records. The several municipalities
of the state may deposit their record books and papers relating to the
wars in which the state participated in the archives of the hall for
safe-keeping, and transcripts therefrom shall be furnished on
application by the chief officer of the municipality without cost to it.
Officers or soldiers may deposit therein their discharge papers,
descriptive lists, muster rolls or company or regimental books and
papers for safe-keeping.