The Montgomery advertiser., 1903-10-09

WitnOut Qeiay, report Statcifcut VI iects.
 and when required, the evidence adduced and an opinion thereon to the command ing chief, who may in his discretion,
 thereupon order court martial. for the trial Of the offscer whose conduct has
 been inquired into. 5. General courts martial. General courts martial shall be ordered by 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 a
 majority of the court, if possible must be of grade at least equal to that of the accused. Such courts shall have turisdic- ton in all cases arising under the military laws, rules. regulations or orders in force
 Tn this State and may fnfiict any punish ment authorized by the provisions of this Act 6. Res.mentai Courts Mertiai Reg mental courts martial. to consist of three s0 omcers, any two @ of whom shall constitute a qourun1, shall oe awarded upon approval of the Governor, by the commanding officer of a regiment of fil- fantry or battalion of artillery. or squad ron of cavalry for the trial of officers and enlisted men in his command. The Jurisdiction of a regimental Court Martial shall extend to all military offcnsess but 1t shall not infiict punishment exceed ing fine of fifty (50) dollars or impiIs- onnent for a period exceeding thirty (s0) days. besides the costs of prosecution ard dishonorable discharge. with loss of time served If an enlisted man or dismissal, if an officer, ali or either of which the court may impose at its discretion. |. Summary Courts. Summary Courts, 10 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 matter provided Their jurisdiction shall extend to all Noffenses cognizable before regimenta1. courts martial and they snail have power to infiict punishment not cx- ceeding the fine of ten d0) dollars and costs Of prosecution. or imprisonment not exceeding five (D days. besides dishonor- ably discharged with loss of time served. at the discretion of the court. S. Fled | Of1ccrs' Court. The officer second in rank present for duty with each regiment l of infantry or battalion of artillery or squadron of cavalry, shall constitute the l field officer's court for the trial of en- listed men in such regiment or battalion or squadron. Company Courts. The offi- cer second in rank present for duty with each company or battery shall constitute l the company court for the trial of enlist l ed men in such company or battery. 9. 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 to and in all things govern the military and Sa-
 tional Guard of this State when in &C., tual service. in time of war, tnsurrection, invasion. riot or public danger; otherwise
 they shall be In force as far as consist ent with the provisions of this net. 10. Disposition of Fines. The proceeds 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 a reg
 fmental officer or non-commissioned ofi-
 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 regimentaI command CTS may, by an order, compel such pay
 ment, when the company fails or neg
 lects to do so within a reasonable time.
 Ii. No finding of any court martial shall
 be executed until approved by the com nander-in- chief and whenever the findings of @ court martial is so approved the
 commander-in-chiefs 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 in such manner as provided In civil cases
 and if any person is sentenced to inn prisonment in the county jail, the com
 mandcr- r-in-chief shall order the command ing officer of such person to cause his ar- rest and delivery to the jailer ,sof the nearest jail to be therein confined for the
 term of the sentence. 12 That all ex- penses incurred including payment of one
 stenographer, witnesses, who shall be al-
 lowed the same fees as in civil cases and
 officers of the court who shall be paid
 one-half of the pay to which officers of
 the like grade are entitled by law to re-
 ceive in the United States army, shall be
 paid by warrant on the auditor upon the
 approval of the omrlander-in-chief. 13.
 The proceedings of all courts-martial shall
 he in accordance with the United States
 army regulations, Or customs of service
 prevailing in the United States army. IA.
 Courts 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 it; and it shall be the duty of the
 sheriff receiving any subpoena issued by
 direction of court-martial and signed by
 the judge advocate thereof, to make ser-
 vice and return of service as provided by law in civil cases: and any person failing
 to appear and testify. according to such
 subpoena, without lawful excuse, is guilty of a misdemeanor and shall. upon convic- lion, be fined net more than one hundred
 ($1O0) dollars and may be imprisoned not
 more than sixty days in the County jail,
 either or both.
 Sec. 30. There shall be military board.
 consisting of the Adjutant General, the
 Quartermaster and the Inspector General
 and there may be two additional members
 appointed, at the discretion of the Gov
 nrnor 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
 mander-in-chief on military matters ap-
 pertaining to the State. and said board Is
 hereby authorized and empowered to pre-
 pare and promulgate the necessary rules.
 provisions and regulations for the organi-
 Eation. 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
 fn-chief, shall be in force from the date
 of their publication in general orders.
 They shall have power, subject to the ap-
 proval of the commander-in-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
 United 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. S1. The State military board shall
 meet at such times as the Governor may
 deem their services to be necessary, for
 the transaction of such military business
 as may require their atterrtion. The mill