The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12


legal advice or their assistance In re-
ferring to the recorded evidence 10
required. 1t shall be obtained in open
court and In the presence Of the &C
cused and of his counsel II there be
any.
Art II. Members of general or
special court In giving their
rank.
Art. "a. A court-martial may punish
at discretion, subject TO the limits-
tions contained in article fourteen l.
any person who uses any menacfng
words. signs. or gestures in Its pres
ence, or who disturbs its proceedings
by any riot or disorder.
Art 81. Each general court martial
shall keep II separate record OF Its
proceedings in the trial OF each case
brought before II, and such record
shall be authenticated by the sigma
ture of the president and the judge
advocate, but in case the record can
not be authenticated by the judge ad-
vocate, h" reason of his death, disn :
oility. fbsence. II shall be signed
by tho president and an assistant
Judge advocate, II any and II there
be no assistant Judge advocate, or IN
case OF his death disability, or Alb
sencs, then by the president and one
other member OF the court.
Art 81. Each special court martial
and each summary court mnrtial shall
keep a record OF Its proceedings, sep.
arate for each case which record
shall contain such matter ana be au-
thenticated In such manner as may be
required by regulations which the
governor may from time to time pre-
scribe.
Art IS. The Judge advocate of each
general court-martial shall, with such
expedition as circumstances may per
thority or to his successor in com
mand the original record OF the pro
ceedings OF such court In the trial of
each case. All records OF such pro
ceedings shall. nfter having been
finally acted upon, be transmitted TO
the adjutant general
Art. Sc. After Ing been acted
upon by the officer appointing the
court. or by, the officer commanding
for the time being. the record of each
trial by special court-martial and n
report of each trial by summary
court martial shall be transmitted to
the adJutant general. When no long
er of use, records OF special and
stroyed
Art. 81 The proceedings OF a
court-martial shall not be held In
valid. nor the findings or sentence
disapproVed, in any case on the
ground OF improper admission or re-
lection OF evidence or for any error
ms to any matter OF pleading or pro
cedure unless in the opinion Of the
y =
after an examination OF tho entire
proceedings, II shall appear that the
error complained OF has injuriously
affected the substantial rights of an
omission upon which the accused has
been tried constitutes an offense de-
nounced and made punishable by ono
or more Of these articles: Provided
further, that the omission of the
words hard labor" in any sentence
of a oourt-martial adJudging impris-
onment or confinement shall not be
construed as deprivlng the authori-
ties executing such sentence of i'm
prisonment or confinement of the
of the punishment in any case where
1t IL authorized by the executive or
der prescribing maximum punish
ments.
Art IS. The governor may. by reg
ulations which he may modify from
time to time. prescribe the procedure,
including modes OF proof. in cases be-
fore courts martial. courts OF In
military tribunals Provided. that
nothing contrary to or Inconsistent
with these articles shall be SO pro-
scribed.
E. Limitations Upon Prosecutions.
Art. 80. Except for desertion com
mitted in time or war, or for mutiny
or murder, no person subject to mill
tary law shall be liable to be tried
or punished by oourt-martial for
any crime or offense committed more
than two years before the arraign-
ment OF such person: Provided. that
for desertion in time OF peace or for
any crime or offense punishable un-
dor articles ninety three and ninety
itations upon trial and punishment
by court martial shall be three
years: Provided further. that the
period OF any absence OF the &C
eused from the lurisdietion Of the
which by reason OF some manifest
impediment the accused shall not
have been amenable 10 military JUS
tice. shall be excluded in computing
the aforesaid periods Of limitation
Gle shall not have the effect to au-
thorize the trial or punishment for
any crime or offense barred by the
prov vi OF n existing law ,.., j..
second time for the same offense.
F. Punishments.
Art. a. Punishment by nogging.
or by branding. marking, or tattoo
Ing on the body Is prohibited.
Art. a. Except for desertion In
time OF peace, and mutiny, no per-
son shall under the sentence OF n
court martial be punished by confine-
ment In the penitentiary unless mn
ACT OF omission OF Wnlcn ne is con-
victed Is recognized ns mn offense of
n OWL nature by some statute OF the
state. or Mt the common INV. or by
way of Communication of death SEN
tence and unless, ALSO the period of
confinement authorized and adjudged
by such court-martial is one year or
more: Provided, that when a sentence
OF confinement is adjudged by q
court-martial upon conviction of two
or more acts or omissions any one of
NH fNh fa ttatS hah 10 d.,. aFft
Giles by. confinement in the peniten-
tiary, the entire sentence OF confine-
ment may be executed.
Art. ~. No person shall. by general
Tense for which the denth penalty 10
made mandatory by law, nor sem
tencsd 10 suffer death except by the
concurrence of two-thirds of the
members OF said court martial and
for an offense In these articles ex-
pressly made punishable by dcnth.
All other convictions and sentences,
whether by general or special court
martial, may be determined by ma
'oll{ 81 ' When nem an ooer r. dis
missed from the service for coward
ice or fraud the crime. punishment,
name, and. place OF abode OF the de-
linduent shall be published In the
such publication II shall be schndn
lous for an officer to associate with
him.
Art. AZ. Whenever the punishment
for a crime or offcnsc made punisha
Bile by these articles is left to the
discretion OF tho court martial the
punishment shall not. in time OF
pence. exceed such limit or limits as
the governor may from time to time
prescribe.
q. Action by Appointing or Supe
rior Authority.
Art. 40. No sentence of court
martial shall be carried into e1ecu-
ton until the same shall have been
approved by the officer appointing
the court or by the officer command
Ing for the time being.
Art. ~ The power to approve the
sentence OF court martial shall be