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

| Including repairs. furnishings. light.
heat. water and janitor service.
Section l01. Whenever the military
fund shall be sufficient to warrant
such expenditures, the armory COM
mission may, with the approval and
by direction of the governor. erect
upon lands donated to the state for
the purpose either by municipalities.
| corporations or individeals. armories.
drill-rooms. headquarters Offices or
other buildings for military purposes.
| Section 102. Courts-martial IN the
national guard shall be of three kinds.
namely, general courts-martial. spe-
| cial courts-martial. and summary
courts-martial. They shall be consti-
| tuted. and have cognizance OF the
| same subjects and possess like pow
ers except as to punishments. as sim
| liar courts provided for by the laws
| and regulations governing the army
OF the United States. and the proceed
| ings of courts-Inartial of the national
guard shall follow the forms and
! modes of procedure prescribed for
said similar courts.
Section 100. The rules of evidence
! In all courts martial shall follow in
| mon law rules of evidence as OBJ
served by the courts of this state In
! criminal cases, but a-certain latitude
| in the Introduction OF evidence and
the examination OF witnesses by an
avoidance of restrictive rules is per-
| MISSILE when II is In the interest Of
the administration Of military justice.
! The accused shall at his own request
| but not otherwise. re competent
witness; and his failure to make such
request shall not create any presump-
! tion against him.
Section d04. Presidents of courts
martial and summary court officers
| shall have power to-fssue, in the name
| Of the state. warrants directing any
sheriff or constable to arrest accused
persons and bring them before the
court for trial. and the accused shall
| have the right to demand the nature
and cause of the accusation against
| aim. and to be presented with a copy
| Of the charges. He shall have the
right Of being heard by himself or
counsel or both and shall have com
pulsory process for obtaining wit
| nesses in his favor
Section 105. Presidents Of COURTS
martial and any summary court off-
Ger shall nave power to summon the
| necessary witnesses for the trial of
cases and for that purpose shall have
! power to issue. in the name Of the
state. all necessary subpoenas and
| subDoenas deces tecum. They shall
have power to issue the like processes
| to compel witnesses to appear and
| testify which courts of criminal juris-
| dlction within this state may lawfully
| issue. Such writS and processes may
| be directed to any sheriff or constable
| whose duty II shall be to serve or ex
ecute such writ and process when is
sued by the civil courts OF crimina,
! Jurisdiction in this state
7 The attendance of witnesses in the
| military service of the state may be
procured by the service Of formal
| subpoena or by the order Of com
petent military authority; and every
| person in the military service of the
state who being duly subpoenacd or
ordered to appear as axWltness be-
| fore the courts martial M1fully neg
| act rff tn rot
| to qualify as a witness. or to testify
or produce documentary evidence,
shall be deemed guilty of disobedi-
| crce Of orders and punished by a
| courts martial accordingly; and every
| person not belonging to the military
service of the state who being duly
suhpoenaed to appear as witness
before courts martial wilfully neg
lects or refuses to appear or refuses
| 40 to qualify, testify or produce doc
umentary evidence. shall be deemed
guilty of misdcmeanor and prose-
cuted like other mlsdemeanors in any
court Of competent jurisdiction and
punished by a fine not exceeding one
hundred dollars: provided that such
witness may plead as a defense that
he was not rendered one days fee and
mileage for, the journey to and from
the place Of trial; and provided. that
all witnesses shall receive the fees
prescribed by statutH for witnesses In
the supreme judicial court. such
amounts to be paid by the adjutant
general: and provided that no witness
shall be compelled to incrlminate
himself or to answer any question
| which may tend to incrimlnate or de-
grade him.
Section 10s All courts-martial of
the national guard including sum-
mary courts shall have power to SEN
tence to confinement In lieu of fines
authorized to be imposed; provided,
that such sentence of confinement
ehall cxnpa1 AaU for zach dol
lar of fine and cost authorized.
All processes. warrants and SEN
fences of courts martial shall be ex-
ecuted by civil officers in this state
the same as like precepts of the su
preme judicial court are executed In
the state and all such processes. wap
rants and sentences when issued by
any courts-martial shall extend to
any part of the state.
Section 107. When the sentence of
a courts-martial adjudges q fine and
costs against any person, and such
sentence has been approved as pro-
hundred and forty of this act. or
whenever a person In the military
service Is ordered confined to await
trial or is sentenced to confinement
by courts-martial. or whenever any
person Is ordered into confinement at
a place or station not provided with
a guard house or military prison. the
governor. the court or officer order
ing the court, or tne OIICeT command
ing for the time being. as the case
may be. shall Issue warrant of COM
mitment directed to the sheriff of the
county in which the courts martial
was held. directing him to take the
body of the person so convicted and
confine him in the county Jail; and II
shall be the duty of the sheriff to
take the body of the person convicted
and confine him in the county jail for
the time specified In the sentence. or
for one day for any fine not exceed
ing one dollar. and one additional day
for every dollar above that sum. and
one additional day for each dollar Of
cost. The costs of arrest and COM
mitment in all courts-martial pro-
ceedings shall be the same as Is pre-.
scribed in revised statutes OF this
state for such service in the courts
of this state and shall be paid by the
adjutant general from the military
fund on prese ntatiOn of all papers or
copies Of papers showing the service
thereon. Such papers and copies to
be certified AS correct by the judge
advocate or summary court.
Section 1913. Whenever by any Of
the articles OF section one hundred
and forty the punishment on convic-
ton Of any military offense Is left to
the punishment shall not exceed. in
the case of officers. dismissal from the
service; forfeiture of all pay and al
lowances; a reprimand: a fine of two
hundred uoliars anu coSt anu III inc
case of enlisted men. dishonOrable
discharge from the service: reduction
OF non issloned officers 10 the
ranks: TO forfeiture OF six months
pay and allowance: fine of ono
hundred dollars and cost. Within
such maximum limit the governor
may prescribe in the case of enlisted
men a lesser limit which courts
martial shall not exceed. and IL no
such limit be prescribed any fine
awarded shall not exceed the amount
Of forfeiture prescribed In the execu-
tive order establishing maximum
limits of punishment for enlisted mon
In the regular army.