The Birmingham age-herald., 1915-10-23
FIVE

: rade. eneampment. meeting for instrne- [ ton of other military duty ordered by [ competent authority. Second: Dlsobedi- 3 enee of orders Third: Neglect of duty.
 Fourth: Absence from instruction. Fifth: ! lnjuring or destroying uniforms. arms. equipment. or other company. state or , government property. Sixth: Wearing the same when not on duty without permIs-
 sion of the commanding officer Seventh: Conduct unbecoming soldier or preiu-
 dieial to good order or military discip. line. Eighth:' Disrespect to superfofs. On conviction an enlisted man may be
 sentenced 10 be dishonorabiy discharged.
 reprimanded, reduced to ranks or fined
 not exceeding twenty dollars and cost or prosecution. or 10 any all of said
 fines or penalties. Failure to pay such
 line shall forfeit membership and sub
 ject him to be dshonnrably discharged
 in the discretion of the governor. When
 any enlisted man has been tried by a
 court martial and found guilty of any of
 fense enumerated in this act, the court
 may. In its discretion. in addition to any
 other punishment prescribed by this act
 also order that he be confined i'll the
 county jail for a period not exceeding
 30 days. If article of public property
 be lost or damaged by the neglect of
 any officer or enlisted man. he shall pay
 the value thereof or the cost of repairs at such rates as may be determined by survey of the property The proper of floer shall be authorized to enter on the pay roll the stoppage against the pay of
 any enlisted man who loses or damages any public property. The amount of said stoppage not exceeding the value of said lost property or the cost of repairs at such rates as may be determined by a
 survey of the said property, and he shall be informed at the time of signing the
 pay roll that his signature will be re- garded as acknowledgment of the justice of the charge.
 | Sec. & The military courts of this | state shall be: First; Court Of inquiry. 1 Second: General courtmartal. Third 1 Regimental courtmartial. Fourth: Sum-
 mary court. Courts of inquiry to con 1 sist Of from one to three officers may l be instituted by the eommander-in chief l Tor the purpose of Investigating the con 1 duct of any officer or any facts made | the subject of military complaint Such | courts of inquiry shall. without delay. 1 report n statement of facts and when required the evidence adduced and opin- l ion thereon to the commander-in-chief,
 who may, in his discretion, thereupon I order eourtmartal for the trial of the officer or officers whose conduct has l been inquired into. General courts I martial shall he ordered by the com mander-in-chief, and shall consist of not | less than five nor more than fifteen of | ficers and judge advocate. but at all times the court should be of a grade at least equal to that of the accused if practicable Such courts shall have jurisdiction in all cases arising under
 the military laws, rules, regulations or orders in force in thls state, and may in- flict any punishment authorized by the provisions of this act. Regimental oourts-martial to consist of three off cers, any two of whom shall constitute a quorum, and a judge advocate. shall be appointed by the commanding officer of the regiment, squadron or separate
 battalion, upon the approval of the gov ernor, for the trial of officers or listed men of his command. The jurisdc-
 ton of a regimental courtmartial shall
 extend to all military offenses. but it
 shall not infliet a punishment exceeding
 a fine of $50 besides the cost of prosecu-
 ton and dishonorable discharge or loss
 of time served or 90 days in jail: all or
 either of which or any part thereof. the court may impose in it's discretion Sum
 mary courts to consist of one officer
 for the trial of enlisted men are hereby esta blished. Their jurisdiction shall ex- tend to all offenses cognizable before regimental courts-martial. and they shall have power to infiiet punishment not ex- ceeding a fine of Sl0 and cost of prose- cution or dishonorahe discharge or loss of time served five days in iail, or any or all of the above penalties or
 punishments at the discretion of the court Each officer second in rank and present for duty in any military organ- ization shall constitute a summary court All laws rules and reguln Hons of the United States army relating to courts-martial and the trial and Uunish-
 ment of military offenses shall app1y to
 and in all things govern the militia and
 National Guard of this state when in active service in time of war. insurree- ton, riot or public danger. and other
 wise they shall be enforced as far as Is consistent with this act. The proceeds of all fines shall be paid to the com mandng officer of the military organiza- tion of which the accused is member. and if the accused is reglmental of- ffeer or noneommissioned officer, to the commanding officer of such regiment for the benefit of the military fund of such organization
 Sec. @, No findings of any courtmartial or summary court shall be executed un- ti' approved by the commander-in-chief. and whenever the findings of the court martial or summary court are ap- proved the communicable shall cause the proper orders to be issued tg the sheriff of the proper county to carry the findings Of the court into effect, and such courts-martial and summary court shall have authority to issue writs of arrest directed to the sheriff of any county to arrest and bring before such court any member of the National Guard against whom charges are pending in said court.
 oec. 0V. All expenses incurred III cOuft- martial proceedings including the pay ment of one stenographer, sheriffs fees for service of complaints. warrants. sLmmonses and subpoenas, and wit nesses shall be allowed the same fees as in criminal cases and the same shall be paid together with officers and judge advocate of the court by warrant on the auditor upon approval of the gov ernor The proceedings of all courts martial shall be in accordance with the Jsnited States army regulations or cus- toms of the service prevailing in the United States, armies courts-martial may subpoena any witness residing within 100 miles of the place where the court is sitting to appear and testify before it, and the sheriff on receiving any subpoena issued by direction of a and signed by the judge advocate thereof by the officer hold ing summary court shall make service and return Of service as provided by law in criminal cases.
 Sec. 51. The employment of a stem reporter may be authorized by tie converting authorities for all gen sral or regimental courtsmartal. When l reporter is employed, he shall be paid on the certificate of the judge advocate upon approval of the governor from the general funds, such sum. not exceeding s1 per hour for the time occupied in court by himself or competent assistant md 10 cents per 100 words for transscrib- ng the notes and cents per 100 words Tor copying exhibits and cents per 100