The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03


GERS fees for committing and the jailer's
fees be paid. Such sheriff shall obey such
warrant and d, keep tsa the person committed
thereby until the expiration of the time
mentioned in the warrant, and until the
officers and jailer's fees be paid, or until
the offender shall be discharged by
due course OF law; unless sooner
of record In the same manner and under
the same rules as in cases of imprison-
ment under process of contempt from
civil court of record.
Sec. 40. Presiding Officer of Military
Court-Vacancies- Members to be in Uni
form-Sittings of Court-The president of
every military court shall be the member
Whenever any military court consists of
one person, he shall be deemed the pres
ident thereof within the meaning Of this
chapter. In the absence of the president
of any military court the senior officer
shall preside, with all the powers OF pres
ident.
All the members of such court shall,
when on duty, be in uniform. The court
may sit without regard to hours and may
adjourn from time to time as may be nee
essary for the transaction of business.
Any vacancy in any military court may nay
court or his successor in command.
Sec. 80 Irregularities-Th proceedings
of military courts shall not be vitiated by
reason of mere irregularity, want of form
or other technical defect unless it is af-
firmatively made to apear, upon review
or appeal that the accused has been de-
MED fair hearing and has been mate
rally injured thereby In all cases where
the sentence of a military court has been
approved by the reviewing authority, the
jurisdiction Of said court and the LEGALITY
of all it's proceedings shall be presumed
and on approval of such sentence, or in
any civil proceedings, the burden OF re-
butting such presumption by competent
evidence shall rest with the appellant or
contestant in any such appeal or civil
prOcaedjngS.
Sec. 81. Observation-Disclosures courts are
not bound by the technical rules or eVl,
may depart therefrom when in their opln.
ion the exigencies of the case, the best
interests of the service or the ends OF
justice demand 1t.
may be received in evidence when attest
ed by the signature of any officer having
custody of an official copy of such order;
and in case written copy Oh such o.i inl
convenience oral testimony as to its CON
tents may be received. and all military
courts may take judicial notice OF the Sig
nature and handwriting of any commls-
Sec. 81. Judge Advocates-The powers
and duties which are conferred upon
judge advocates by the laws ana regu qua,
are hereby conferred upon officers OF the
national guard of this state appolnted OF
detailed for similar duty. Unless other
main in attendance throughout the del1b-
erations, findings and sentence OF the
court.
Article 4-Sentence.
Sec. SO. Findings-The findings and 9TH
err rulings of military court are decided
by majority. vote Whenn, the court IS
equally divided the vote will be recorded
as mot guilty" o,,.u
martial in time Of peace may sentence
an officer to a fine or forfeiture OF pay,
not exceeding one hundred QOO dollars,
and costs of prosecution, to a reprimand,
suspension from command. suspension
from rank and pay, and to be dismissed
or cashiered or all or either of said fines
and penalties. NJ,
itary courts in time of peace may SEN
tence enlisted men to fine or forfeiture
of pay, due or to become due, not exceed
of prosecution to be taxed by the court,
to a reprimand, reduction to the ranks VI
a on-commissioned oft1cerl, or dlshon-
orable discharge with loss of time served,
or all or either of said fines and penalties.
Sec. S. Imprisonment..In default OF
payment of any fine, forfeiture of costs,
imposed by any military court, after ap-
proval of sentence by the reviewing au7
to any county Jail designated by said
court for period equal to one day for
every two dollars remaining unpaid, not
exceeding, however, sixty 600 days when
thirty 900 days when sentenced by regi-
mental court martial, and five 90 days
when sentenced by SUMMARY court:
Sec 81. Confinement in Guard House
Whenever the national guard or any part
thereof, is assembled for instruction, en-
campment or other duty, in time Of peace.
addition to any of the fir es and penalties
provided in this act, sentence offenders to
confinement in any guard house or other
place of confinement to be designated by
for q
to exceed the limit of such service, en-
campment Or duty.
Sec. SO. Review end Approval-The rec
ord and sentence OF all cases tried by
court martial shall be transmitted for re-
view to the officer conven1ng SUCH court,
and in the case of summary courts to the
commanding officer of the regiment of in
fantry or battalion of artillery of which
the accused is member.
No sentence of dismissal affecting
commissioned officer shall be carried into
execution until approved by the command
er-in-chief.
disapprove the sentence, and may modify
mitigate or remit the same. or may re-
turn the record for revision, to correct de-
fects or supply omissions His final &C
ton shall be endorsed on the record or
expressed in orders, a copy of which shall
be annexed thereto.
If further action by the court Is neces-
sary to enforce the sentence, or any part
thereof the record and sentence with the
action of the reviewing officer thereon
shall be returned to the court for further
proceedings. .
ment-If the fine and costs imposed by
the court are not paid to the presiding Of
ficer judge advocate or other officer au-
thoriZed to receive the same within five 90
days after notice to the accused or pub
LEGATION of the orders approving the SEN
tence, the president or other officer OF the
court shall issue his warrant OF commit
oh, Il ali
handing the sheriff or any constable to
whom such warrant is delivered to forth
with take the body of such offender and
convey him to the county jail of the coun-
tv DESIGNATED in such warrant, there to
remain confined during the term OF said
sentence as set forth In said commitment,
or until sooner discharged by competent
authority, and to make a due return of
his doings thereon.
Such warrant Of commitment may be
substantially in the following form:
The State of Minnesota:
To the sheriff or any constable and to
the keeper of the common jail OF the
county Of -,
Greeting:
Whereas. Of Company
or battery (regiment Of
infantry battalion of artillery, National
Guard of the State of Minnesota, has
been duly tried by -- = court
law, and upon such trial was found guilty
of -- (charge), and was, on the
7oaoad d day of - 7senta 1sse2-, duly SEN
and said sentence having been approved
by competent authority and said offender
having failed to pay said fine
Now, therefore you, the said sheriff or
constable, are hereby commanded, by au-
thority of the State of Minnesota, to
forthwith take the body of the offender
hereinbefore named and convey him to
the common Jail of your county, and de,
liver him to the keeper thereof, and said
keeper is hereby commanded to receive