The Birmingham age-herald., 1903-10-09


 complaint. Such court of inquiry shall, without delay. report a statement of facts and when required, the evidence adduced and an opinion thereon to the command ing chief, who may in his discretion, thereupon order a court martial for the trial of the officer whose conduct has been inquired into. 5 General courts martial. General courts martial shall be ordered bX the commander-in-chief and shall consist of not less than five nor more than thirteen officers. exclusive of the judge advocate; but at all times q majority of the court if possible must DC of grade at least equal to that of the accused. Such courts shall have jurisdic- tion in all cases arising under the military laws, rules, regulations or orders in force in this State and may inflct any punish
 ment authorized by the provisions of this Act. 6. Regimenta Courts Martial Reg mental courts martial, to consist of three
 '5) officers, any two @ of whom shall
 constitute qourum, shall ac dwdrdo d.
 upon approval of the Governor. by the commanding officer of q regiment of in- tantry or battalion of artillery or sotiaG- ron or cavalry for the trial of officers and enlisted men in his command The Jurisdiction of regimental Court Martial shall extend to all military offcnses. but It shall not infiict a punishment exceed ing a fine of fifty (50 dollars or imprIs- onment for a period exceeding thirty C,O) 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 it's discretion f Summary Courts. Summary Courts. to consist of one officer. for the trial of en-
 listed men. are hereby established and may be designated as field officers courts and company courts, respectively as here inafter provided. Their Jurisdiction shall extend to all offenses cognizable before regimental courts martial. and they snail have power to innict punishment not cx- ceeding the fine of ten 0O) dollars and costs of prosecution or Imprisonment not exceeding five (5) days. besides dlshonor- ably discharged with loss of time served al the discretion of the court. 8. Fled Officers Court. The officer second in rank present for duty with each regiment of infantry or battalion of artillery or squadron of cavalry, shall constitute the field officers court for the trial of en- listed men in such regiment or battalion or squadron. Company Courts. The off cer second in rank present for duty with each company or battery shall constitute the company court for the trial of enlist ed men in such company or battery. g.. Courts Martial in Time of War. All laws, rules and regulations governing the army of the United States. relating to courts martial and the trial and punishment of military offenses shall apply 10 and in all things govern the military and Ma tional Guard of this State when in ac- tual service. in time of war. yinsurrection. invasion. riot or public danger, otherwise they shall be in force IS far as consist ent with the provisions of tnis act. 10. Disposition Of Fines. The proceeds of all fines shall be paid 10 the captain of the company or battery of which the accused is q member. and if the accused is a reg lmental officer or non mlssioned otl- cer. to the commanding officer of such organization. for the benefit of the mili- tary 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 command CTS may, by an order, compel such pay ment, when the company fails or neg lects to do so within a reasonable time. H. No finding of any court martial shall be executed until approved by the com mander-in- chief and whenever the findings of a court martial Is so approved the commander n-chief shall cause the prop CT orders to be issued to the sheriff Of the county In which such court Is held to carry the finding of the court in effect
 
 and If any person is sentenced to im- prisonment in the county jail, the com mander-in- -chief shall order the command ing officer of such person to cause his ar rest and delivery to the jailer of the nearest jail to be therein confined for the term of the sentence. 12. That all ex- penses incurred including payment of one witnesses who shall be al- lowed the same fees as in civil cases and +l,, ttrI,.. -han ha a half of the pay to which officers of he like grade are entitled by law to re- ,elve In the United States army, shall be paid by warrant on the auditor upon the approval of the commander-in-chief 13. The proceedings of all courtS-martia1 shall he in accordance with the United States army regulations, or customs of service prevailing in the United States army IA. Courts s-martial shall have power to sub poena any witness residing within one hundred miles of the place where the court Is sitting, to appear and testify be- fore 1t; and 1t shall be the duty of the sheriff receiving any subpoena issued by direction of a court-martial and signed by the judge advocate thereof. to make ser vice and return of service provided by law In civil cases; and any person failing to appear and testify, according to such subpoena, without lawful excuse. Is guilty
 
 ton be fined not more than one hundred (slCO dollars and may be imprisoned not more than sixty days in the County Jail, either or both.
 Sec 30. There shall be a military board, of the Adjutant General, the Quartermaster and the Inspector General and there may be two additional members appointed. at the discretion of the Gov ornor. who may be line officers of the Ma tional Guard. not below the rank of lieu tenant colonel The military board shall constitute an advisory body to the com in chief on military matters ap- pertaining to the State, and said board Is hereby authorized and empowered to pre- pare and promugate the necessary rules, provisions and regulations for the organi- zatlon, government and compensation of the Alabama National Guard, and said rules, provisions and regulations together with such amendments and changes as may be required and made from time to time when approved by the commander in-chief. shall be in force from the date of their publication in general orders. They shall have power, subject to the ap- proyal of the commander-n-chief. to make such changes in the military organ ization of the State as they deem best for the interests of the service, or to con form said organization to the laws of the Tinted States and to the organization of the army thereof; provided that said changes shall not conflict with the laws of the State and the expense thereof to the State shall not be increased by such changes beyond the annual appropriation for the National Guard.
 Sec. 3l The State military board shall meet at such times as the Governor may