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

five 90 nor more than thirty (5D days.
and all clothing camp and garrison equip
age, ordnance, ordnance stores and quar-
termaster stores, issued by the state
or fabricated from material issued by
the state. and charged against the COM
pany allowance or for which commute
ton has been paid, shall be the property
of the State of Minnesota.
! Sec. 20. Selling or Wearing Uniforms by
| Others-Whoever shall secrete, sell, dis
! pose of. offer for sale. purchase or retain
| after proper demand made, or in any
manner pawn or pledge any uniform,
overcoat. clothing or equipage, or any
! part thereof which shall have been is
sued by the state or purchased with com
pany funds, and any person not a member
of the national guard who shall wear any
uniform. or any part thereof similar to
those in use by the national guard. shall
be deemed guilty of a misdemeanor and
shall be punished by imprisonment in the
county Jail for not less than one % nor
more than three 60 months. or by fine
of not more than one hundred (Sl0O) dol
lars, nor Jess than fifty ($50D dollars.
Article 2-Military Courts.
Sec. 30. Military Courts-The military
courts of this state shall be:
Frst-Courts of inquiry.
Second-General courts martial.
Third-Regimental courts martial.
Fourth.Summary courts. which are of
two GU kinds:
(A) Field officers courts:
(B) Company courts.
Sec. 81. Courts of Inqury-Courts of
inquiry; to- consist of from one % to
commander-in-chief for the purpose of
investigating the conduct of any officer
or any facts made the subject of military
complaint.
Such court of inquiry shall. without de-
lay, report statement Of facts and
when required, the evidence adduced and
an opinion thereon to the commander
! in-chief, who may, in his discretion, there
upon order a court martial for the trial
of the officer whose conduct has been in
quired into.
eral courts martial shall be ordered by
the commander-in-chief.o or by the brigade
commander, and shall consist Of seven CD
officers, any four CD of whom shall con-
stitute quorum, but at all times a ma
jority Of the court, if possible. must be of
grade at least equal to that of the ac-
cuSed.
Such courts shall have Jurisdiction in all
; cases arising under the military laws,
rules, regulations or orders in force in
this state: and may infict any punish
ment authorized by the provisions of
this act.
Sec SO. Regmental Courts Martial
Reglmental courts martial to consist of
three CD officers, any two ca of whom
shall constitute a quorum. shall be or
dered by the commanding officer Of reg
l L11, OF infantry or battalion of ar
tlllery, for the trial of officers and en-
listed men in his command.
The jurisdiction of a regimental court
martial shall extend to all military Of
lenses, but it shall not inflict a punish
or Imprisonment for a period exceeding
thirty 900 days, besides the costs of
prosecution and dishonorable discharge
with loss of time served. If an enlisted
man. or dismissal, if an officer, all or
either of which the court may impose at
its discretion.
courts to consist of one officer for the
trial of enlisted men are hereby estab-
lished and may be designated as field Off
GERS courts and company. courts respec-
lively, as hereinafter provided.
Their jurisdiction shall extend to all Of
lenses cognizable before regmental courts
martial; and they shall have power to in
fict any punishment not exceeding a
fine of ten 40 dollars and costs of prose-
cution, Imprisonment not exceeding
f dSe 60 days besides dishonorable dis
discretion Of the court.
Provided, however, that, if the accused
is non-commisSioned officer of the grade
of sergeant. the court shall, upon his de-
mand in writing, refer the charges to the
reglmental commander for trial and de-
termination by a regimental court mar
tial.
Sec 35. Field Officers Courts-The Off
Ger second in rank present for duty with
each regiment of infantry or battalion of
artillery shall constitute the field officers
court for the trial of enlisted men in such
regiment or battalion.
Sec, 36. Company Courts-The officer
second in rank present for duty with each
company or battery shall constitute the
men in such company or battery.
Sec. 81. Courts Martial in Time of War
All laws, rules and regulations govern
ing the army of the United States, relat-
ing to courts martial and the trial and
punishment of military offenses. shall
apply to and in all things govern the mil
| in actual service, in time of war. tnsur-
rection. invasion, riot or public danger;
otherwise they shall be in force as far as
consistent with the provisions of this act
nj 10
ceeds of all fines shall be paid to the
captain of the company or battery of
which the accused is a member, and if
the accused is regimental officer or non
commissioned officer, to the commanding
officer of such organization. for the bene-
fit of the military fund of such company,
regiment or organization.
And all costs of prosecution shall, in the
first instance, be paid out Of such fund;
and regimental commanders may, by an
order, compel such payment. when the
a reasonable time.
Article 3-Procedure.
Sec 80. Charges-Charges shall be pre-
ferred in writing by commissioned Off
| Ger, and shall contain the name of the
| offense charged and a reference to the
particular section of the military code
claimed to have been violated.
| Sec. 40. Specifications-Char shall be
| accompanied by specifications, containing
| a brief statement of the facts constitut
| place of it's commission.
| Sec. Al. Charges to be Approved-No
| charges. shall be acted upon until ap-
| proved by the commanding officer of the
regiment of infantry battalion of ar
| tillery of which the accused is a member.
| Sec. AZ. Arrest-Officers and enlisted
men against whom charges may be pre-
| ferred or contemplated, may be placed in
| arrest, and If enlisted men in confine-
ment. at the discretion of their command
ing officer.
Provided, however that such arrest
| shall cease at the expiration of twenty
| 600 days unless copy of the charges is
| served as hereinafter provided, and that
no enlisted man shall be placed in con-
| finement, before trial. except in camp or
| in active service.
| Sec. 43. Summons-Upon approval of
| the charges and specifications, a copy
| thereof, together with summons signed
by the presiding officer of the court or
| the commanding officer of the accused,
and requiring said accused to appear be-
fore said court at the time and place
charges thereto annexed, shall be served
upon him, by delivering to him, or leav-
| ing at his last known place of abode or
| business, a true copy thereof.
| The appearance of the accused shall
waive any irregularity in the service of
| such papers.
Sec A. Warrant-Upon proof of serv-
| ice of such summons, and default of ap-
| pearance Of such accused at the time and
! place designated for trial, the president or
| officer of the court shall issue his warrant
| for the arrest of the delinquent. directed
to the sheriff or any constable of the
| county, who shall forthwith execute said
| warrant and make proper return thereof,
and produce to the said court the body OF
! the accused, if within said county, and re-
| tain the CUSTODY thereof until the conclu
| sion of the trial, urle SIS sooner discharged
| by order of the court.
| The court. in its discretion, MAY also
| appoint some other suitable person to ex-
| eCute said warrant.
Sec. 40. Procedure--The forms. prac-