N.Y. Military Law § 24: Bureau of war records; completion and preservation of the records and relics; free inspection of the same and quarters in the capitol

§ 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.