The Republican journal., 1909-04-08

qualify, testify, or produce documen.
a misdemeanor, and prosecuted like
other misdemeants in any court Of COM
petent jurisdiction and punished by
fine not exceeding one hundred dollars;
a defense that he was not rendered one
days fee and mileage for the journey to
and from the place OF trial; and pro-
'vided that all witnesses shall receive the
fees prescribed in the supreme judicial
court such amounts to be paid by the
adjutant general; and provided that no
witness shall be compelled to 1ncrimi-
nate himself or to answer any question
which may tend to incriminate or de-
grade him.
Section 1o2 subpoenas and all other
writs and process when issued by gen
every part of the state. but when issued
by other military courts cannot be ex-
ecuted In any county other than tine one
In which issued, except they be en-
dorsed by the governor. or an officer
martial, in which case they can be ex-
eeuted anywhere a IN in 5n snbstance let this
process be executed in any county OF
the state of Name" and shall be dated
and signed by the officer making 1t.
Section 1O3 Whenever by any Of the
articles of section one hundred and thirty
two the punishment on conviction or any
military offense is left to the discretion
of the court-martial, the punishment shall
missal from the service, a forfeiture of all
pay and allowances, and fine. of two
hundred dollars and costs of witnesses.
and in the case of enlisted men, thirty
days confinements. dishonorable dis
charge forfeiture OF all pay ana arrow
ances, and a fine of fifty dollars and
costs of witnesses. Wltnn sucn m naii;ho
in the case of enlisted men a lesser llnlt
which a court-martial shall not exceed,
and If no such limit be prescribed any
la1 ha1
of forfeiture prescribed in the eXecu-
tive order establishing maximum limits
of punishment for enlisted men In the
regular army. But confinement shall IN
no case be awarded as punishment eX-
cept for an offense committed when on
duty in any encampment, maneuVers, and
consecutive days, or when called out by
the governor in case or insurrecton, IN
Vasion, tumult, riot, mob, resistance to
the laws of the state, or of Imminent
aid of the civil power.
Section 104 When the sentence Of a
court-martial adjudges a fine and costs
against any person; and sucn t me ana
days after the confirmation thereof, or
whenever a person in the military service
is ordered confined to await trial or IS
sentenced to confinement by court
martial, or whenever any person is or
dered into confinement under the. eighty
sixth article, at a place or station not
Il
prison, the governor, the court or ofhcer
ordering the court, or the officer COM
manding for the time being, as, the case
may be, shall issue a warrant OF commit
ment directed to the sheriff of the county
in which the court-martial was held, di-
recting him to take the body of the per-
county jail; and it shall be the duty Of
the sheriff to take the body of the per-
son convicted and confine him in the
county Jail for the time specified in the
Ia
exceeding one dollar, and one additional
day for every dollar above that sum,
and one additional day for each dollar
Section 1O5. The jurisdiction of the
courts and boards established by this act
shall be presumed, and the burden OF
proof shall rest on any person seeking
to GUST such courts or boards of jurisdic-
ton in any action or proceeding.
No action or proceeding shall be pros
ecuted or maintained against a member
officer Or person acting under its author
ity or reviewing its proceedings on ac-
count of the approval or imposition or
execution of any sentence or the Inn
position or collection of any fine or PEN
atty, or the execution of any warrant;
writ, execution, process, or mandate OF
Section los. Officers of the Judge advo-
cate generals department. Judge advo.
Gates of courts-martial, and the trial
officers of summary courts, are hereby
purpose of military administration, and
shall charge no fee for the same
Section lo7 Each summary court and
the judge advocate of each regimental
and each garrison court shall, at the
end of each month, make d report to
the adjutant general of the cases tried.
setting forth The oftense committed and
penalty awarded, which reports may be
destroyed when no longer of use.
Section 1903. The provisions of this ar
ticle shall apply, SO far as opposite TO
the naval reserve.
Section 1909. Every person belonging to
the active militia OF the state shall in all
cases. except felony and breach of the
peace, be privileged from arrest while
going to, remaining at, or returning from
any place at which he may be re-
GERS or other military duty.
Section no. Every member of the ac--
tive militia, every retired officer, and
every enlisted man holding the certificate
of merit shall be exempt from all jury
duty; production of certificate from the
claimants commanding officer showing
that the holder is a member of the &C
tive militia, or of a certificate of retire
ment, or of certificate of merit, or the
sworn statement of the claimant that he
is such member, retired officer, or holder
of q certificate of merit shall be prima
facie proof that the claimant is entitled
to the exemption.
active militia shall perform any vol
untary military service except as au-
thorized by this act or by the express
orders of the governor
Section liz. No organization Of the ac-
tive militia shall leave the state. and no
military organization of another state,
unless acting under the authority of the
United States, shall enter the state, eX-
cept in each case by permission OF the
n-chief.
Section 113 No body Of men, other
than the active militia and the troops Of
the United States, shall associate them
selves together as a military company or
organization, or parade in public with
firearms in any city or town of this
state; nor shall any city or town raise or
appropriate any money toward armlng,
equipping, uniforming or in any other
way supporting, sustaining or providing
drill rooms or armorles for any such
body of men, but associations wholly
composed of soldiers and soldiers hon
orably discharged from the service of
the United States and the order known
the Sons of Veterans may parade at
any time in public with firearms, having
first obtained the written permission OF
the city or municipal officers of the town
or city in which they reside to parade,
and students in educational institutions
where military science is taught as pre-
may, with the consent of the governor,
drill and parade with firearms in pub
lie sunder the superintendent Of their
military instructors. Any person Vio-
lating any provision of this section shall
be deemed guilty of misdemeanor and
punished by a fine not exceeding ten dol
lars or by Imprisonment not exceeding
six months, or by both such fine and i'm
prisonment.