Birmingham state herald., 1897-02-26

| judge advocate, which court snail p@ appointed by the brigadier general, or the governor, in his discretionst Such court shall have jurisdiction of all military of fensss committed by officers of the Ald- bama national guard, and may cashier
 or dismiss them from service and may
 also impose a fine not exceeding $500, and in default of the payment of th= line
 may sentence the offender to imprison- ment ia the county jail for period not
 exceeding six months. O. Reglmentak squadron or battalion courts martial, not part of a regiment, shall be appointed by the commanding officer of such regiment, squadron or battalion, not part of reg iInent, and shall have Jurisdiction of all military offenses committed by non-con1- missioned officers, and privates of such regiment, squadron or battalion, not part of a regiment, and shall consist of not lsss than three nor more than live commissioned officers exclusive of the judge advocate general who shall have power to sentence to dishonorable dis charge from the Alabama national guard, and may also impose fine of not eX- cseding $100, and imprisonment for not
 more than sixty days in the county jail either or both. (3). Summary courts martial shall consist of not more than three officers to be appointed by the com manding officer of any regiment, squad- ron, or battalion, not part of regi- ment, who may have jurisdiction of all military offenses committed by a non commissioned officer and private Of such regiment, squadron or battalion not a part of regiment, as may be brought before 1t by the commanding officer or the regiment squadron or battalion, not a part of a regiment, and such summary court shall have power to impose fine not exceeding $25 and imprisonment for not more than six days in the county jail, either or both. (). Company courts martial. Every company in such man ner as its bylaws may prescribe, which bylaws must be first submitted to and approved by the brigadier general, may provide for company courts martial TOT minor offensss against its bylaws and such company courts martial may dis miss any non-commissioned officer or private from the service, and may also impose fines not exceeding Szo lars and imprisonment for not more than ten days in the county jail, either or ootn; (5) No finding of any court martial shall be executed until approved by the briga- dier general and commander in chief and whenever the findings of a court martial is so approved the commander in chief shall cause the proper orders to be issued to the sheriff of the county in which such court is held to carry the fine of the court into effect in such manner as provided in civil cases, and if any person is sem tenced to imprisonment in the county jail the commander in chief shall order the commanding officer of such person to cause his arrest and delivery to the Jailer of the nearest jail to be therein confined for the term of the sntence. (6) That all expenses incurred in the conduct of any court martial, including the payment of one stenographer, witnesses who shall be allowed the same fees as in civil cases, and officers of the court who shall be paid one-half of the pay and allow ance to, which officers of like grade in the United States army. shall be the approval of the brigadier general and commander in chief CD The proceedings of all courts martial shall be in accord ance with the United States army regu- lations, or customs of the service prevail ing in the United States army. 8) The following offenses committed by any of ficer, non-commissioned officer or private of the Alabama National Guard are off, lenses against the military law within the meaning of this article, to-wit: Desertion, cowardice, insubordination, drunkenness while on duty or in uniform, resistance to or disrespect of any guard, or patrol, or sentinel, disrespect of or resistance to any superior officer in the execution of any lawful power of his office, violation or neglect of any lawful order, or of any camp or police regulation, or of any du- ty enjoined upon any officer, non-com- mssioned officer or private by this act, or misappropriation of any funds or prop erty of the state or of any regiment, squa dron or battalion or company, troop or battery of the State Guard, of any offenses involving moral turpitude, and any conduct unbecoming an officer or gentleman, or any violation of the State law or articles of war or military offenses, to be tried by court martial as prescribed by this act. (9) Courts martial shall have power to subpoena any witness residing within one hundred miles of the place where the court is sitting, to appear and testify before it; and 1t shall be the duty of any sheriff, receiving any subpoena is- sued by direction of a court martial and signed by the judge advocate thereof, to make service and return of service as provided by law in civil cases; and amy person failing to appear and testify ac- cording to such subpoena, without lawful excuse, is guilty of misdemeanor, and shall upon conviction be fined not more than one hundred G100 dollars, and may be imprisoned not more than sixty days in the county jail, either or both.
 Section 20 That any person travelling in obedience to the orders of the governor shall be paid all actual expenses incurred in the performance of such duty, and the governor shall prescribe rules and regu- lations for the presentation verifying and paying of all expenses authorized by this act, and upon his direction in writing to the auditor he shall draw his warrant in favor of such person for the amount due him as approved by the governor Section 21. That the surgeon of each
 regiment be allowed to purchase with
 the approval of the commander in chief at the expense or the state all necessary medicines, bandages, surgical instru-
 ments, etc., that may be necessary for
 the proper taking care of the troops
 while in active service and for the ex- penses so contracted such surgeon shall file his claim with the adjutant general, not later than three months after the ac- crual of such expense, and the auditor shall at once draw a warrant on the treas urer for the payment of the same, and any surgeon filing any false or ficticious claim under this act shall be guilty of a
 misdemeanor and shall on conviction
 be fined not more than one hundred dol lars, and may be imprisoned in the coun-
 ty jail for a period of sixty days, either or both. Section 22. That every officer, com missioned or non-commissioned, musician and private of the Alabama National Guard is exempt from poll tax and jury duty during his active membership, any local or special laws to the contrary not withstanding. The commanding officer of each company, troop, or battery shall furnish each member of his command with a certificate of membership as may be prescribed by the adjutant general, signed by each commanding officer, which shall prove such exemption in any court