The Republican journal. [volume] (Belfast, Me.) 1829-current, 1917-04-05

lions. are applicable to offlcers and en-
listed men whose permanent retention
In the military service, either on tho ac-
eote s5 On by t exstns law s not
Section 1873. Whenever any portion Of
the militia not being in the service of
the United States shall be on duty or
rection, invasion or rebellion, the ar
ticles Of war governing the army Of the
United States, the articles for the gov
eminent Of the United States navy, and
the regulations prescribed for the army
and navy Of the United States, SO far as
consistent with this chapter and the
regulations issued Hereunder. shall be
In force and regarded as part of this
relieved from such duty during such
state Of actual war, Instruction. inva-
sion. or rebellion; but no punishment
under such rules and articles which
in any case be inflicted until the APPROX
al by the governor Of the sentence In
tiicting such punishment
Section 140. Except as provided In
soldiers Of any troops whether national
guard or unorganized militia of this
State or otherwise, appointed, enlisted,
mustered or drafted into the military
and in all places, be governed by the
following rules and articles and shall be
subject to be tried by courts-martial.
!. Preliminary Provisions.
Article /. The following words when
used in these articles shall be con-
strued in the sense indicated in this ar
ticle, unless the context shows that
different sense is intended. namely:
(a) The word Officer shall be con-
strued to refer to q commissioned off,
o. The word Soldier" shall be con-
strued as including non-commissioned
officer. private. or any other enlisted
man;
(cj The word company shall be I'M
derstood as including troop or battery;
and
(d) The word battalion" Shall be I'M
derstood as including a squadron.
Article 2. The following persons are
subject to these articles and shall be I'M
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 ad-
Judged by courts martial.
II. URTs-MARTTA1,.
Article 3. Courts-martial shall be of
three kinds, namely
First, general courts-1nartial,
Second, special courtsmartial; and
Third summary courts-martial.
A Composition.
Article 4, 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
courts for trial.
Article S. General courts-martial
may consist of any number of officers
from five to thirteen, inclusive, but they
when that number can be convened with
out manifest injury to the service
Article c. Special courtsmartial may
consist of any number of officers from
three to five, inclusive.
Article 7. A summary courtS-marttal
shall consist of one officer.
B. By waom Appointed.
Article S. The President of the Uni
ted States and the governor of the State
Of Maine may appoint general courts
martial
Article 9. The commanding officer Of
a district. garrison, fort camp. or other
place where troops are on duty, and the
commanding officer of a 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
be tried, the court shall be appointed by
superior authority, and may in any case
be appointed by superior authority Wheh
by the latter deemed desirable; and no
officer shall be eligible to sit men,
Der of such court when he is the accuser
or witness for the prosecution.
Article 10. The commanding officer
of a 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
courts-martial: but such summary
ourts-martia1 may in any case be ap-
1ointed by superior authority when by
sthe 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 urt-martial the authority appoint
ing the court shall appoint judge ad-
vocate, and for each general court-mar-
tial ono or more assistant judge advo-
Gates when necessary.
C. Jurisdiction.
Article ~. General courts-martial
shall have power to try any person sub
iect 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 dishonorable dis
charge from the service; to reduction of
northumberland 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 49, 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 tur1sdic-
tion of special courts-martial any class
or classes Of persons subject to military
law.
Such courts shall have power to Inn
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 SEN
tence imposed by such courts.
Article IA. Summary courts-martlal
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, exempt from the jurisdic-
ton of summary courts-mart1al any
class or classes of persons subject to