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

no ices snail be allowed or paid TO Sucn
officer unless an itemiZed statement there
of is endorsed on and forthwith returned
with such warrant or process to the court
issuing the same.
Sec &c.. Appeals--Any party VINO may
feel aggrieved by the decision of a sum-
mary court, may appeal therefrom to the
regimental court martial of his regiment
or battalion within ten days after the
PRONUNCIATION of the sentence and, II per-
sonaly notified of such sentence. within
ten days after such notice, by filing with
said summary court a written notice or
the grounds of such appeal, together with
penal sum of one hundred 400 dollars
with two sureties to be approved by sal Sl
summary court, conditioned that ne sh liail
appear and prosecute said appeai WIN
effect, abide by the decision OF the ap-
pellate court and faithfully pay, and dls-
charge all fines and penalties which may
be imposed upon him by said court.
pliance w with hal all the requirements of the
preceding section the summary court
shall allow said appeal, discharge the
prisoner pending the hearing on appeal;
and forthwith return the record and
papers to the reviewing authority with
statement of the facts endorsed thereon.
But no stay of sentence or execution
shall be granted by said court until an
appeal has been perfected as hereinbe-
fore provided
Sec. 60. Hearing of Appeal-The appel
late court when convened shall hear ana
as other cases originally tried therein.
The appellant shall have at least three
days notice of the time and place or near r.
ing, which may be done by mailing 10
him a copy of the order conven1ns Salu
court. If he fails to appear at the APP
pointed time and place, the sentence OF
the summary court shall be afnrmeu Will
costs of appeal, including the per diem OF
the members of the court and other Off
GERS and witnesses necessarily in attend
ance, all of which shall be taxed by the
appellate court. and Judgment entered req
sureties, and in favor of the commanding
officer of the appellants company or his
successor in command, for the use Of said
certified by the presiding officer of said
court, may be filed in the office of the
clerk Of the district court of any county
in this state, there to be entered and
docketed in the same manner and with all
the force and effect of a Judgment origin
ally entered and docketed in said district
court, and thereafter executions thereon
shall issue from said district court as in
other civil cases. If the appellant ap-
pears and, after trial. is found guilty and
sentenced, the court may also enter judg
ment against his sureties for the amount
of the fine, costs and disbursements, and
proceed as hereinbefore provided in case
of default.
Sec &C. Return of Record-In all cases
military courts shall return the record Of
their proceedings after sentence to the
after PRONUNCIATION of said sentence. And
upon final determine ton of the cases such
record shall be transmitted to the ad-
jutant general for safe keeping.
Sec. 81. Immunity of Members Of Mill
tary Court-No action or proceeding shall
be maintained against any member of a
military court, officer or agent acting
under its authority or reviewing it's pro.
ceedingS, on account of the imposition of
a fine or penalty or for the execution Of
a sentence on any person.
Part III-Services
Article Membership.
Sec g. EnliStmentS-Every person who
shall enlist in the national guard shall be
mustered in the service of the state for
the term of three years, unless sooner
discharged by competent authority. Re-
cruits shall sign their names in a book Of
enlistment or muster roll, furnished by
the adjutant general and kept by the
company for that purpose, which sign
ing shall be legal enlistment and mus
ter. Every recruit shall sign an enlist
ment paper which shall be forwarded to
the adjutant general, of such form as
may be prescribed by the commander-in-
chief, which shall contain an oath of
allegiance to the state and the United
States.
Sec. So. enlistment-Enlisted men
may, at the expiration of their term Of
service be re-enlisted for such additional
terms, Of one or more and not exceeding
three years each. as their commanding
officer may elect.
Wnen an organization is COnSOIQdCoO OF
disbanded, its enlisted men, discharged by
reason thereof, who shall within thirty
days thereafter re-enter the service, shall
have allowed to them, as part of their
terms of service, the time already served.
Sec. 20. Non-commissioned Officers
Non-commissioned officers will. on the
recommendation of their captain. be APP
pointed by the commanding officers of
their regiments and battalions of artillery
respectively, and may be reduced to the
ranks by the same authority.
Sec. II. Non commissioned Staff Off
shall be appointed by the commanding
officers Of the regiments and battalion of
artillery respectively from among the en-
listed men Of their command. and may be
reduced to the ranks by the same author
teries from which they were promoted or
may be discharged, at the option of the
regimental commander.
Sec. Y: Line Commissioned
officers of companies and batteries shall
be elected by the officers, non-commis-
stoned officers and enlisted men of their
respective companies and batteries, sub
ject to the approval of the commander
in-chef. If the candidate elected fails to
receive the approval of the commander
in-chief. his name shall not again be pre-
sented to fill the same vacancy, except by
permission of the commander-in-chief.
Sec. 70. Field Officers-The field officers
of the regiments of infantry and battalion
of artillery shall be elected by the field
and line officers Of their respective regi-
ments and battalion.
The brigade commander shall be elected
by the field officers Of the brigade
Sec. "A. Staff Omcers-The staff officers
of each regiment of infantry and of the
battalion of artillery shall be appointed
by the commanding officer thereof, and
shall hold office during his pleasure, sub
ject to the approval of the commander-in-
chief.
Sec. Is. Elections-El for line
officers shall be ordered by the command
ing officer of the respective regiments OF
infantry and battalion of artillery. Elec-
by the commander-in-chief; and elections
for field officers shall be ordered by the
commanding officer of the brigade.
Five days notice of the holding Of any
election must be given, by PRONUNCIATION
of the order calling such election.
Sec. 76. Ballots-The officer ordering an
election shall preside thereat in person
or shall designate some other officer tc
perform the duty. In the absence of the
presiding officer, the chair shall be taken
by the senior officer present; but no Off
GER shall preside at any election at which
ballot, and majority Of all the votes
cast shall be necessary to a choice; pro-
vided, however, that a majority of those
entitled to a vote at such election are
present.
Sec. r. Commissions-Oficer Of the
national guard shall be commissioned by
the commander-in-chief,w with rank from
date of their election or appointment
The commander-in-chief may, at his dis
erection, withhold the commission of any
officer until he can determine the quail
fcations of such officer for the office to
which he may have been elected or ap-
pointed; and for the purpose Of so de-
termining the COMMUNICATIVE chief shall
convene board of three or five officers
of the national guard, who shall examine
into the qualifications of said officer, and
report thereon to the chief
Should the said board report that the per-
son so elected or appointed is incompetent
to perform the duties Of the Office to which
he shall have been elected or appointed
the commander-in-chiefs shall have power
to anrul said election annQintmeut