Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

tive list or On Inc IetfTcO hStS 40 AAos
contemplated by existing law.
Section 1879. Whenever any portion OF
the militia not being in the service Oh
the United States shall be on duty or
governor in time Of actual war. insur-
reetion, invasion or rebellion, the ar
ticles of war governing the army OF tne
United States, the articles FOR the gov,
eminent Of the United States navy, ana
the regulations prescribed for the army
and navy Of the United States, SO far as
consistent with this chapter ana the
regulations issued hereunder shall pc
in force ana regarded as part or tnis
chapter until said forces shall duly be
relieved from such duty during such
state of actual war, Instruction. lnva.
sion, or rebellion; but no Punlsnmenh.
shall extend to the taking Of life shall
in any case be inflicted until the APPROX
al by the governor OF the sentence III
fiicting such punishment. a..
Section 140. Except as provided IN
the preceding sections the ofHcers ana
soldiers Of any troops whether nasioha =
guard or unorganized militia OF tnis
State or otherwise, appointed, en t,itarr
forces of this State, shall. az All tiHe e
and in all places, be governed py the
following rules and articles ana shall De
subjeet to be tried BY eoarts-mar'ia''
I. Preliminary Provisions:
Article l. The following words when
used in these articles SnaiI ue coh-
strued in the sense indicated in this ar
ticle. unless the context shows that a
different sense is intended, namely:
(a) The word "off1cer" shall be con-
strued to refer to commissioner OIL
(b) The word Soldier" shall be con-
strued as including a non-commissioned
officer. a private, or any other ehIs'eo
Ici The word company shall be I'M
derstood as including troop or battery;
(d) The word battalion" shall be I'M
derstood as including a squadron.
Article 9. The following persons are
subject to these articles and shall be UNI
derstood as included In the term ANY
person subject to military law, or per
sons subject to military law, whenever
used in these articles:
(a) All officers and soldiers belonging
to the national guard of the State of
Maine; all volunteers, from the dates of
muster or acceptance into the military
service of the State Of Maine; and all
other persons lawfully called. drafted
or ordered into, or to duty or for train
ing in. the said service, from the dates
cali, draft or order to obey the same:
(e) All persons under sentence adj
judged by 'urts-martial
II. URTS-MARTIAL.
Article g. CourtS-martial shall be OF
three kinds, namely:
First. general courts-martial;
Second, special courts-martial; and
Third, summary courts-martial.
A. Composition.
Article a. All officers in the military
service of the Maine national guard
shall be competent to serve on courts
martial for the trial Of any persons who
may lawfully be brought before such
courts for trial.
Article 5. Gepera1 courts-martial
may consist of any number of officers
from five to thirteen, inclusive; but they
shall not consist of less than thirteen,
when that number can be convened with
out manifest injury to the service.
Article s. Special courts-martial may
consist of any number of officers from
three to five, inclusive.
Article 7. A summary courts-martial
shall consist of one officer.
B. By Whom Appointed.
Article 8. The President of the Uni
ted States and the governor OF the state
of Maine may appoint general courts
martial
Article g. The commanding officer of
a district, garrison. fort. camp. or other
place where troops are on duty, and the
commanding officer of brigade, regl-
ment detached battalion, or other de-
tached command may appoint special
courts-martial: but when any such
commanding officer is the accuser or the
prosecutor Of the person or persons to
superior authority, and may in any case
be appointed by superior authority when
by the latter deemed desirable; and no
officer shall be eligible to sit as mem
Der of such court when he is the accuser
or a witness for the prosecution.
Article 10. The commanding officer
of q garrison, fort, camp, or other place
where troops are on duty, and the com
manding officer of a regiment, detached
battalion. detached company, or other
detachment may appoint summary
court martial; but such summary
courts-martial may in any case be ap-
pointed by superior authority when by
the latter deemed desirable: Provided,
that when but one officer is present with
a command he shall be the summary
courts-martial of that command and
shall hear and determine cases bought
before him.
Article II. For each general or spec
ial court-martial the authority appoint
ing the court shall appoint a judge adj
vocate, and for each general court
tial one or more assistant judge advo-
Gates when necessary.
c. Jurisdiction.
. Article L. General courts-martial
shall have power to try any person sub
ject to military law for any crime or of
Tense made punishable by the military
law Such courts shall have power to
impose fines not exceeding two hundred
dollars: to sentence to forfeiture of six
months pay and allowances; to repri-
mand, to dismissal or QlSnOnOraDle QlS-
charge from the service; to reduction of
non-commissiened officers to the ranks
or any two or more of such punishments
may be combined in the sentences i'm
posed by such courts.
Article IS. Special courts-martial
shall have power to try any person sub
iect to military law except an officer
for any crime or offense, not capital
made punishable by the military law:
Provided, that the governor may. by
regulations which he may modify from
time to time, except from the jurisdic-
ton of special courts martial any class
or classes of persons subject to military
law.
Such courts shall have power to i'm
pose fines not exceeding one hundred
dollars, to sentence to reduction of non
commissioned officers to the ranks: to
forfeiture of six months pay and allow
ances, or any two or more of such pun
ishments may be combined in the sem
tence imposed by such courts.
Article IA. Summary courts martial
shall have power te try any.person sub
ject to military law. except an officer,
for any crime or offense. not capital
made punishable by the military law:
Provided that the governor may. by
regulations. which he may modify from
time to time. exempt from the jurisdic-
ton of summary courts martial any
clars or classes of persons subject to
military law.
Such courts shall have power to I'M
pose fines not exceeding twenty-five