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

a crime or offense growing out of the
same act or omission; but the fact that
a disciplinary punishment mas peen en-,
forced may be shown by the accused
upon trial. and when SO shown shall be
considered in determining the measure
of punishment to be adjudged In the
event of a finding of guilty.
Article 105. Whenever complaint is
made to any commanding officer that
damage has been done to the property
of any person or that his property has
been wroneSully taken by persons smh-
ject to military law. such complaint
shall be investigated by a board con-
sisting of any number of officers from
one to three, which board shall be cen.
yened by the commanding officer ana
shall have. for the purpose OF such IN
vestigation power to summon witnesses
and examine them upon oath or amrrna-
tion, to receive dispositions or otner
documentary evidence. and to assess the
damages sustained against the respon-
sible parties. The assessment OF DAM
ages made by such board snail oe SUD
Ject to the approval of the adJutant
him shall be stopped against the pay
of the offenders And the order of the
adjntant general directing stoppages
herein authorized shall be conclusive on
any iisbursing officer for the payment
NV him to the injured parties OF the
stoppages SO ordered.
Where the offenders cannot be ascer-
tanned. but the organization or uetach-
stoppages to the amount of damages
inflicted may be made and assessed IN
such proportion as may be deenen Juse
upon the individual members thereoi
ent with such organization or detach-
ment at the time the damages com,
nlained of were inflicted, as Getermlne1
by the approved findings or ,ne uoa fo.
Article los 1t shall be unlawful Tor
any civil officer having authority unaer
the laws of the state to arrest onenoers.
summarily to arrest deserter from tlie
military service of the state ana dellV-
er him into the custody OF the ffliii'ars
authorities of the state -.
Article los No enlisted man. law
fully indicted into the military service
of the state shall be discharged from
said service without a certificate OF dis
charge signed by field officer or the
regiment or other organization 10 whISn
the enlisted man belongs or pv tne
commanding officer when no such neld
officer is present; and no enlisted man
shall be discharged from said service
before his term of service has expired
except by order of the ad1utaht seher-
AL or by sentence of general court
martial.
Article 100. Commissioned officers of
the national guard of the several
states, territories and the Dlstrlct OF
sions regularly issued shall continue IN
office as officers of the national guard
without the issuance of new commas
SlOnS. trONlQeu lildI plilNSi nc =
taken or shall take and subscribe to
the following oath of office: 1t,
do solemnly swear that l VIII supper.
and defend the Constitution of the
United States and the constitution of
the state of Maine against all enemies
foreign and domestic; that I will bear
true faith and allegiance to the same !;
that will obey the orders OF the Presl-
dent of the United States and of the Gov
ernor of the State of Maine; that make
this obligation freely, without any men
tai reservation or purpose or evasion,
and that | will well and faithfully dis
charge the duties of the Office of --
in the national guard of the United
states and of the State of Maine upon
which ] am about to enter, SO help me
God"
Article 10. Articles one, two and
twenty -nine fifty-four. to ninetysiX in
elusive. and one hundred and four to
one hundred and eight, inclusive. shall
be read and explained to- every soldier
at the time of his enlistment or muster
in, or within six days thereafter. and
shall be read and explained once every
six months to the soldiers of every gar
rison. regiment or company iii the
service of the United States.
Article III. Every person tried by a
general court-martial shall. on demand
therefor. made by himself or by any
person in his behalf. be entitled to a
copy of the record of the trial.
Article 112. In case of the death of
any person subject to military law. the
commanding officer of the place or COM
mand will permit the legal representa-
tive or widow of the decease,'. if pres
ent. to take possession of all his effects
then in camp or quarters. and II no le-
the commanding officer shall direct a
summary court to SECURE all such eff
fects; >and said summary court shall
have authority to convert such effects
into cash by public or private sale. not
earlier than thirty days after the death
Of the deceased, and to collect and re-
cave any debts due decedent's estate
by local debtors and as soon as prac-
ticable after converting such effects in
to cash s&id summary court shall de-
post with the proper officer to be des-
iSnated in regulations, any cash belong
ing to decedentS estate, and shall trans
panied by any will or other papers of
value belonging to the deceased. an in
ventory Of the effects secured by said
summary court. and full account of
his transactions to the adjutant gener-
al; when the legal representative, or
widow, shall present himself or herself
to take possession of decedentS estate,
the said adjutant general shall turn
over to him her all effects not sold
and cash belonging to said estate, to-
gether with an inventory and account.
Article 113. When at any post fort
camp. or other place garrisoned by the
military forces of the state and under
the exclusive jurisdiction of the state.
any person shall have been found dead
under circumstances which appear to
require investigation, the commanding
officer will designate and direct a sum
mary court martial to investigate the
circumstances attending the death: and
for this purpose such summary court
martial shall have power to summon
witnesses and examine them upon oath
or affirmation. He shall promptly
transmit to the post other comman-
der report of his investigation and of
his findings as to the cause of the
death.
Article ia. Any Judge advocate or
acting Judge advocate. the president Of
a general or special court-martial any
summary court-martial, the Judge ad-
Vocate or any assistant Judge advoca te
of a general or special court martial
the president or the recorder of court
of inquiry or of a military board. any
officer designated to take deposition.
any officer detailed to conduct an in
vestigation, and the adjutant of any
command shall have power to admins
ter oaths for the purpose of the ad-
ministration of military justice and for
other purposes of military administra-
ton; and in foreign places where the
national guard of the State of Maine
may be serving shall have the general
powers of notary public or of con-
sui OF the state in the administration of
oaths, the execution and acknowledg-
ment of legal Instruments, the attesta-
ton of documents, ana all other forms
OF notarial acts to be executed by per-
sons subject to military law
Article rs. Under such regulations
as the Governor may from time to time
prescribe. the president of court mar
tlal or military commission. or court