The Somerset reporter., 1909-04-08

fore court-martial wilfully neglects
or refuses to appear or refuses SO 10
tary evidence. shall be deemed guilty of
q misdemeanor. and prosecuted like
other misdemeants In any court OF COM
petent Jurisdiction and punished by a
line not exceeding one hundred dollars;
provided that such witness may plead as
defense that he was not rendered one
days fee and mileage for the journey 10
and from the place of trial; and pro-
Vlded that all witnesses shall receive the
fees prescribed in the supreme judicial
court snch amounts 10 he pa1d py the
adjutant general ana provided that no
witness shall be compelled to incrimi-
nate himself or to answer any question
which may tend to ncriminate or de-
grade him.
Section 1922 Subpoenas and all other
writs and process when issued by gen.
eral courts-martial shall extend 10
every part OF the state, but when issued
by other military courts cannot be eNa
In which issued, except they be en-
dorsed by the governor, or an onlcer
authorized TO order genera ran he rou ex-
ecuted anywhere in this state. The en-
dorsement shall be. in substance, iet ms Is
process be executed IN any county "a
the state Of Maine" and snail pc oateo
and signed by the officer making IT.
Section 103. Whenever by any. Of the
articles Of section one hundred and tnlTty-
two. the punishment on convection OF any
military offense is left TO the dlscretloi,,,
of the court-martial, the punishment shaii
not exceed, In the case OF officers, as
missal from the service, forfeiture OF an
fn1dre6 dollars and costs of witnesses,
and in the case of enlisted men, thlIty
days conhnements, dishonorable dls-
charge, forfeiture or all pay ana ahow,
ances, and a fine of nifty dollars and
costs OF witnesses. Within such maxi
mum limit the governor may prescribe
in the case of enlisted men lesser ni,nl
which a court-martial shall not exceed.
and If no such limit be prescribed any
fine awarded shall not exceed the amount
of forfeiture prescrlDed IN .ne Ill e
~ punishment for enlisted men IN the
regular army. But confinement snail III
no case be awarded as punishment ex,
cept for an offense committed When on
duty in any encampment, maneuVers, ana
field instruction ordered for at least hVe
consecutive days, or when called OUT by
vasion tumult,~ riot, mob, resistance 10
the laws of the state, or or lmminent
danger thereof, or when called out III
aid of the civil power.
Section 104 When the sentence OF a
court-rnartial adjudges a nne ana costs
against any person, and sucn me ann
cost has not been fully paid WITHIN tnlrty
days after the confirmation fhereor, OF
whenever a person In the military service
is ordered confined to await trial or If
sentenced to confinement by court
martial, or whenever any pcI5Oh Vi
dered into confinement under the eighty
sixth article, at place or station not
provided with q guard-house or military
prison, the governor, the court or onlcer
ordering the court, or the officer COM
manding for the time being, as the case
may be, shall issue warrant OF commit
meflt directed to the sheriff of the county
in which the court-martial was held, d.
recting him to take the body OF the per
son so convicted and confine him In the
county jail; and It shall be the gu duty ne Oh
son convicted and confine MIN IN tne
county jail for the time specif1ed IN the
sentence, or for one day for any fine NOT
exceeding one dollar, and one addltlondi
day for every dollar above that sum-
and one additional day for each dollar
of cost. -. A.
courts and boards established by this ACT
shall be presumed. and the burden oil
proof shall rest on any person seeking
to Dust such courts or boards or 1urlsdlc-
ton in any action or proceeding.
No action or proceeding shall be pros
ecuted or maintained against member
of the military forces OF this state OF
officer or person. acting under Its author
ity or reviewing it's proceedings on ac-
count of the approval or imposition OF
execution of any sentence. or the I'M
position or collection of any me or pen
atty, or the execution OF any warrant
writ, execution, process or mandate Oh
q military court.
Section 1885, Officers OF me Judge a9vo'
Gates of courts-martial, and the IRA
officers of summary courts, are hereby
authorized. to administer oaths Tor t ht
purpose of military administration, aho
shall charge no fee for the same.
Section l07 Each summary court and
the judge advocate of each resimenta
and each garrison court snail, at tnt
end OF each month, make report e
the adjutant general of the cases trled
setting forth the offense committed and
penalty awarded, which reports may Dc
destroyed when no longer OF use.
Section 10S The provisions of this ar
ticle shall apply, so far as opposite to
the naval reserve.
Section 100. Every person belonging &c
the active militia OF the state shall IN all
cases except felony, and breach OF Tins tht
going to, remaining at or returning IRON
any place at which he may be re-
quired to attend for the election OF OH
GERS or other military duty.
Section ITO. Every member OF the &C,
tive militia, every retired ofncer, ano
every enlisted man holding the certificate
of merit shall be exempt from all Jury
duty; production of a certificate from the
claimants commanding oficer showing
that the holder Is member or the &C
tive militia, or of certif1cate or retire
ment, or of n certificate of merit, or the
sworn statement of the claimant that ne
is such member retired officer, or holder
of a certificate of merit, shall be prima
facie proof that the claimant is entitled
TO the exemption.
Section Ill. No organization OF Inc
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 &c
tive militia shall leave the state. and nj
military organization of another state
unless acting under the authority OF the
United States, shall enter the state, OK
cept In each case by PERMISSION OF tht
commander-in-chief.
Section 113. No body of men, other
than the active militia and the troops vi
the United States shall associate them
selves together as a military company vi
organization, or parade in pubic Wiz
firearms in any city or town OF this
state; nor shall any city or town raise OF
appropriate any money toward arming
eduipping, unforming or In any other
way supporting sustaining or providing
drill rooms or armories for any sucf
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
as the Sons of Veterans may parade a.
any time in public with firearms. havinf
first obtained the written permission OIL
the city or municipal officers OF the towT
or city in which they reside to parade
and students in educational institutions
where military science is taught as pre-
scribed part OF the course of instruction
may, with the consent of the governor
drill and parade with firearms IN pup
lie under the superintendent of theii
military instructors. Any person VIC
lating any provision OF this section sinai
be deemed guilty of a misdemeanor ane
punished by q fine not exceeding ten DOL
lars, or by Imprisonment not exceeding