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ADMINISTRATION 
 
 MILITARY LAW 
 
 BY 
 
 CAPT. W. H. WALDRON 
 
 29th infantry 
 
 Reprinted from 
 "NIGHT OPERATIONS" 
 Infantry Journal 
 
 January, February, 
 March and April, 1917 
 
 WASHINGTON 
 United States Infantry Association 
 
 1917 
 
Night Operations 
 
 A Department devoted to the interest of newly-commissioned Infantry officers, 
 officers of the Infantry Officers' Reserve Corps and candidates for commission. 
 
 Conducted by Capt. W. H. Waldron, 29th Infantry 
 
 Administration 
 
 Q. What is Military Rank? 
 
 A. Military rank is that character or quality Q. 
 bestowed on military persons which 
 marks their station, and confers eligi- A. 
 bility to exercise command or authority 
 in the military service within the limits 
 prescribed by law. It is divided into 
 degrees or grades, which mark the rela- 
 tive positions and powers of the differ- 
 ent classes of persons possessing it. (7)' Q. 
 
 Q. What determines the order of precedence 
 
 of oiHcers in the military service? A, 
 
 A. In each grade or sub-grade, the date of 
 commission, appointment or warrant de- 
 termines the order of precedence. (9) 
 
 Q. Command exercised is by virtue of what? 
 
 A. By virtue of office and the special assign- 
 ment of officers holding military rank, 
 w^ho are eligible by law to exercise 
 command. (13) 
 
 Q. May an ofUcer place himself on duty by Q. 
 virtue of his commission alone? 
 
 A. No officer may place himself on duty A, 
 without orders from competent author- 
 ity except when it may be necessary 
 to exercise the functions of his office to 
 quell quarrels, frays and disorders 
 among troops (old 24th Article of 
 War) ; or, when upon marches, guards, 
 or in quarters, different corps of the 
 army happen to join or do duty to- 
 gether, when the highest ranking officer 
 of the line of the army present assumes C-- 
 command of the whole (old 122d Arti- 
 cle of War). (13) 
 
 O. What arc the appropriate commands for A. 
 officers of the several grades? 
 
 A. 1. For a captain, a company. 
 
 2. For a major, a battalion. 
 
 3. For a colonel, a regiment. 
 
 4. For a brigadier-general, a brigade. 
 
 * Numbers refer to paragraphs in Army 
 Regulations. 
 
 5. For a major-general, a division. (14) 
 
 Wliat is the status of an officer who suc- 
 ceeds another to any command or duty? 
 
 He assumes the exact status of his prede- 
 cessor. He will receive all the orders 
 in force at the time ; receive, receipt for 
 and assume responsibility and accounta- 
 bility for all property and funds per- 
 taining to his command or duty. (17) 
 
 May an officer of the Staff Departments 
 co)nmand troops? 
 
 An officer of the Staff Departments, 
 whether he be one of the permanent 
 officers or one detailed for duty therein, 
 is eligible, by virtue of his commission, 
 to command all enlisted men, but he 
 cannot assume command of troops un- 
 less placed on duty under orders which 
 specifically direct that it is done by 
 authority of the President. (18) 
 
 Before whom may an officer of the Army 
 take his oath of office? 
 
 1. Before any officer who is authorized 
 by the laws of the United States or by 
 local municipal law to administer oaths : 
 Notary Public, Justice of the Peace, 
 Clerks of Courts, etc. 
 
 2. A Department Judge Advocate. 
 
 3. The Judge Advocate of a General or 
 Special Court Martial. 
 
 4. The trial officer of a Summary 
 Court. (23) 
 
 What qualiffcations must a civilian possess 
 for appointment as Second Lieutenant 
 in the Army? 
 
 1. He must be unmarried. 
 
 2. He must be between the ages of 21 and 
 27 years. 
 
 3. He must be approved as to moral char- 
 acter, habits, mental and physical abil- 
 ity, education and general fitness for the 
 service. 
 
 4. He must pass the physical examination 
 required of recruits for admission to the 
 
 f» r" »»V '^ "'V ••• 
 
 Jo / O i i 
 
2 
 
 Night Operations 
 
 Regular Army, and the mental examina- 
 tion prescribed in general orders issued 
 from the War Department covering the 
 subject. 
 
 5. No person will be examined by a board 
 of officers unless he has a letter from 
 the War Department authorizing such 
 examination. 
 
 6. If the candidate has graduated from an 
 institution where he received military 
 instruction, he must present a diploma 
 or a recommendation from the faculty 
 of the institution. 
 
 7. If the candidate is a member of the 
 Organized Militia, he must present 
 recommendations from the proper 
 authorities thereof. (34-35) 
 
 Q. What do you understand by the " Manchu 
 Law"? 
 
 A. The " Manchu Law " provides that no 
 officer of the line of the Army may be 
 detached from duty with troops for 
 more than four years out of six ; that is, 
 all officers of the line of the Army must 
 serve with troops for at least two years 
 out of every six years. (40) 
 
 Q. What are the regulations governing the 
 granting of leaves of absence to officers 
 of the Army? 
 
 A. 1. Post commanders and officers having a 
 similar status may grant leaves for one 
 month. 
 
 2. Commanders of territorial departments, 
 tactical divisions and separate brigades 
 may grant leaves for four months, or 
 extend for that period leaves granted 
 by their subordinate commanders. 
 
 3. Chiefs of bureaus may grant leaves of 
 four months to officers of their respec- 
 tive corps serving under their immediate 
 direction, or extend to that period those 
 already granted to such officers. 
 
 4. Leaves of absence for three months 
 from date of graduation are allowed 
 graduates of the Military Academy. 
 
 5. Leaves of absence will not be granted 
 so that a company will be left without 
 a commissioned officer, or a post with- 
 out two commissioned officers and com- 
 petent medical attendance. 
 
 6. Leaves will not be granted during the 
 period of active military operations ex- 
 cept in cases of urgent necessity. 
 
 7. Except under extraordinary circum- 
 stances an officer will not be granted 
 a leave exceeding ten days until after 
 
 he has joined and served with his organ- 
 ization for at least two years. 
 
 8. A sick leave of absence is granted only 
 on the recommendation of a medical 
 officer, after a thorough examination of 
 the officer and a report completely cov- 
 ering the case in question. Sick leaves 
 do not count against an officer's leave 
 privileges. 
 
 9. Leaves are granted in periods of months 
 and days as " one month " ; " one month 
 and ten days," etc. 
 
 10. A leave commences on the day follow- 
 ing that on which the officer departs 
 from his station. The day of departure 
 is counted as a day of duty and the day 
 of return as a day of absence. 
 
 11. Officers on leave of absence are not 
 allowed to go beyond the sea without 
 the special permission of the authority 
 granting the leave, or permission from 
 higher authority. 
 
 12. Permission to hunt is not counted 
 against an officer's leave period, pro- 
 vided he submits a report containing a 
 full description of the country traversed 
 while hunting. 
 
 13. By custom of the service the leave year 
 extends from July 1st to the succeeding 
 June 30th. An officer is entitled to 
 thirty days' leave a year. This leave 
 period may be allowed to accumulate 
 for a period of four years. 
 
 14. All correspondence relating to leaves, 
 their extension and application for de- 
 lays, is required to pass through the 
 prescribed miHtary channels. 
 
 15. Verbal permits for an absence of less 
 than 24 hours are not counted as leaves 
 and are not noted against an officer on 
 the rolls and returns. (49 to 66) 
 
 Q. What action is required of an oMcer when 
 he takes advantage of a leave of absence 
 granted to him? 
 
 A. He writes letters to (a) His post or regi- 
 mental commander; (b) the authority 
 granting the leave when the latter is 
 other than the post or regimental com- 
 mander; (c) to the Adjutant-General 
 of the Army, War Department, Wash- 
 ington, D. C. ; containing the following 
 information: 
 
 1. The date of departure on leave. 
 
 2. Tlie address where correspondence 
 will reach him. 
 
Night Operations 
 
 The body of this letter would read as 
 follows : 
 
 1. I have this 16th day of October, 
 
 1916, taken advantage of leave 
 of absence for one month and 
 twenty days granted by para- 
 graph 18, Special Orders No. 
 224, c. s. (current series) East- 
 ern Department. 
 
 2. My address during the period of 
 
 this leave will be 
 
 S43-142d Street, 
 New York City, 
 John Doe. 
 Any change in the address will be re- 
 ported promptly to the same authori- 
 ties. On return to duty a letter will 
 be addressed to the same authorities 
 informing them of such return to 
 duty. (64) 
 Q, What action is taken by an oMcer when 
 
 he reports to a station for duty? 
 A. 1. He puts on his uniform and side-arms. 
 
 2. Proceeds to the office of the adjutant, 
 introduces himself and indicates his de- 
 sire to report to the Commanding 
 Officer. 
 
 3. When informed by the Adjutant that 
 the commanding officer will receive him, 
 he places himself in front of the com- 
 manding officer, facing him, stands at 
 attention, salutes and reports : 
 
 Sir, First Lieutenant John Doe, such- 
 and-such organization, reports for 
 duty. 
 
 4. At this time Lieutenant Doe presents 
 a copy of the order directing him to 
 report for duty. On the face of the 
 order he will have previously noted the 
 date and place of its receipt. (Received 
 Oct. 16th, 1916— New York City.) 
 
 5. The Commanding Officer will return the 
 salute, probably shake hands with him 
 and welcome him to the regiment. 
 
 6. The remainder of the ceremony is 
 rather in the nature of a social call, 
 during which time Lieutenant Doe will 
 receive instructions regarding quarters, 
 messing, etc. (68) 
 
 Q. What action is taken when an oMcer has 
 apparently taken undue time in report- 
 ing for duty after the receipt of an 
 order f 
 
 A. If he shall appear to have made unneces- 
 sary delay en route, he will be required 
 to explain the cause thereof in writing. 
 
 If the commanding officer deem the ex- 
 planation unsatisfactory, he will for- 
 ward the same, with a statement of the 
 facts in the case, to the department 
 commander. (68) 
 
 Q. How are delays in reporting for duty and 
 from leave regarded? 
 
 A. When such delays are duly authorized, 
 they are regarded as leaves of absence. 
 (70) 
 
 Q. When orders directing the travel of offi- 
 cers contemplate the payment of viile- 
 agc, what points must they specify? 
 
 A. 1. They must state the specific duty 
 enjoined. 
 2. They must state that "the travel 
 directed is necessary in the military ser- 
 vice." (71) 
 
 Q. When officers are summoned before a civil 
 court as witnesses, what action is taken 
 zfith respect to their transportation? 
 
 A. 1. They receive necessary expenses in- 
 curred in travel and attendance from 
 the civil authorities. Mileage or travel 
 allowances will not be paid by the War 
 Department. 
 2. If absolutely necessary transportation 
 in kind may be furnished by the Quar- 
 termaster and the account forwarded 
 to the War Department for presentation 
 to the Department of Justice for pay- 
 ment. (75) 
 
 Q. What rules govern the retirement of an 
 officer of the Army? 
 
 A. 1. When an ofiicer reaches the age of 64 
 years he is retired by operation of law. 
 
 2. When he reaches the age of 62 years 
 he may be retired by order of the 
 President. 
 
 3. He may be retired on his own request 
 after having completed more than 30 
 years' service. 
 
 4. He may be retired at any time on 
 account of disability or incapacity to 
 perform the duties of his grade. (76 
 to 78) 
 
 Q. What rules govern the resignation of an 
 officer of the Army? 
 
 A. 1. The resignation tendered by an officer 
 will be forwarded by his commanding 
 officer, through military channels, to the 
 War Department for the consideration 
 of the President. Until the resignation 
 is duly accepted the officer will not be 
 considered out of the service. 
 2. A resignation tendered under charges 
 
Night Operations 
 
 will be forwarded, accompanied by a 
 report in the case and, if practicable, 
 by a copy of the charges. 
 3. Leave of absence will not be granted on 
 tender of resignation unless the resig- 
 nation is unconditional and immediate. 
 (79 to 82) 
 
 Q. May an o-fficer on the active list of the 
 Army hold a civil oiHce? 
 
 A. An officer of the Army on the active list 
 who accepts or exercises the functions 
 of a civil office contrary to law, thereby 
 ceases to be an officer of the Army. An 
 officer on the active list cannot lawfully 
 accept or hold asay office created by 
 State or municipal authority, whether in 
 State military organizations or other- 
 wise. (82) 
 
 Q. What report is made on the death of an 
 oMcer of the Army? 
 
 A. 1. The place, cause, day and hour will 
 be reported witliout delay by telegraph, 
 by the immediate commanding officer, 
 to the Adjutant-General of the Army, 
 to the brigade commander, to the Coast 
 artillery district commander, and to the 
 Department commander. 
 2. If the officer is on the active list of the 
 Army the report will show whether or 
 not his death was from wounds or dis- 
 ease contracted in line of duty, or con- 
 tracted as the result of his own mis- 
 conduct. (83) 
 
 Q. What action is taken with respect to the 
 public property and funds for which a 
 deceased oMcer was accountable or 
 responsible? 
 
 A. 1. On the death of an officer in charge of 
 public property or funds, his command- 
 ing officer will appoint a board of offi- 
 cers, three when practicable, which will 
 inventory the same and make the cus- 
 tomary returns therefor, stating accu- 
 rately the amounts and condition. 
 
 2. These the commanding officer will for- 
 ward to the chiefs of bureaus to which 
 the property or funds pertain, and he 
 will designate an officer to take charge 
 of such property or funds until orders 
 are received from the proper authority. 
 
 3. Cash on hand may be invoiced by the 
 board to the deceased officer's succes- 
 sor, but balances to his credit with the 
 treasurer, an assistant treasurer, or a 
 designated depositary, or a fiscal agent 
 of the United States, over and above his 
 
 outstanding checks, will be deposited to 
 the credit of the Treasurer of the United 
 States by the chiefs of bureaus when 
 the board has reported to the bureaus 
 the balances over and above such 
 checks. (86) 
 
 Q. What is the personnel of the Post Non- 
 commissioned Staff of the Army? 
 
 A. 1. Ordnance Sergeants. 
 
 2. Quartermaster Sergeants, Quartermas- 
 ter Corps. (98) 
 
 Q. By whom are members of the Post Non- 
 commissioned Staff appointed? 
 
 A. They are appointed by the Secretary of 
 War. (98) 
 
 Q. What qualifications must an enlisted man 
 possess for appointment to the Post 
 Noncommissioned Staff? 
 
 A. 1. Ordnance Sergeants. From sergeants 
 of the line who have served at least 
 eight years in the Army, including four 
 years as noncommissioned officers, and 
 who are less than 45 years of age. 
 
 2. Quartermaster Sergeants, Quartermas- 
 ter Corps. From competent noncom- 
 missioned officers of the Army who 
 have served therein at least five years, 
 three years of such service having been 
 rendered as noncommissioned officers, 
 and whose character and education shall 
 fit them to take charge of public prop- 
 erty, and to act as clerks and assistants 
 to the proper officers of the Army in 
 charge of public property. 
 
 3. Each class of these noncommissioned 
 officers is required to pass a physical 
 and mental examination prior to 
 appointment. (98) 
 
 Q. When an enlisted man is detached from 
 his company, what document accom- 
 panies him? 
 A. A Descriptive List will be prepared and 
 forwarded to his new commanding 
 officer. (104) 
 Q. Is the Descriptive List ordinarily intrusted 
 
 to the soldier? 
 A. No. When it can be avoided the Descrip- 
 tive List will not be intrusted to the 
 soldier but to an officer or noncommis- 
 sioned officer under whose charge he 
 may be, or it may be forwarded by mail 
 so as to arrive at the soldier's destina- 
 tion at or prior to the time he is sched- 
 uled to arrive. (94) 
 Note. — At this point it is considered ad- 
 visable to explain the normal procedure in 
 
Night Operations 
 
 transforming a man from his status of citizen 
 to that of a soldier in the Army of the United 
 States and to outHne the administrative feat- 
 ures of such transformation. 
 
 Any male citizen of the United States or 
 any person who has legally declared his inten- 
 tion to become a citizen, if above the age of 
 21 and under the age of 35 years, ablebodied, 
 free from disease, of good character and tem- 
 perate habits, may be accepted for enlistment 
 in the Army. 
 
 The citizen applies to the recruiting officer 
 at any one of the numerous recruiting stations 
 distributed throughout the country, for en- 
 listment. After ascertaining that he fulfills 
 the requirements as set forth in the preced- 
 ing paragraph, the nature of the service and 
 terms of enlistment are fully explained, 
 any questions that he may bring up are 
 answered, and before the enlistment blanks 
 are filled in, the recruiting officer will read 
 to him and offer for his signature the 
 " Declaration of Applicant " to enlist in the 
 Army of the United States, as follows : 
 Declaration of Applicant. 
 
 I, desiring to enlist in the Army 
 
 of the United States for the term of seven 
 yearsi, do declare that I have neither wife 
 nor child ; that I am of the legal age to enlist 
 and believe myself to be physically qualified 
 to perform the duties of an ablebodied sol- 
 dier ; and I do further declare that I am 
 of good habits and character in all respects 
 and have never been discharged from the 
 United States service (Army or Navy) or 
 any other service on account of disability or 
 through sentence of either a civil or military 
 court, nor discharged from any service, civil 
 or military, except with good character, and 
 for the reasons given by me to the recruiting 
 officer prior to this enlistment. (Signed and 
 witnessed.) 
 
 After this declaration has been signed the 
 recruiting officer conducts a physical exam- 
 ination of the applicant sufficient in scope to 
 detect any radical defects that would dis- 
 qualify him for active service. 
 
 Having passed the physical examination the 
 applicant is forwarded to one of the general 
 Recruit Depots, of which one is located at 
 €ach of the following points : Fort Slocum, 
 N. Y. ; Columbia Barracks, Ohio ; Jefferson 
 Barracks, Mo. ; Fort Logan, Colo. ; and 
 Angel Island, Cal. 
 
 Before leaving the recruiting station the 
 applicant's descriptive and assignment card 
 
 (generally known and referred to throughout 
 the service as the "D and A Card") is be- 
 gun. This card follows the recruit through- 
 out his service until he joins his regular 
 organization (Company, troop or battel^), 
 when it is disposed of as will be explained 
 later. 
 
 Within a reasonable time after arrival at 
 the recruit depot the applicant is given a 
 critical physical examination by a Medical 
 Officer of the Army, which, if he passes 
 satisfactorily, is followed by his being sworn 
 into the service of the United States ; the 
 making of his identification record, consist- 
 ing of a front view and profile photograph 
 and a minute description of all permanent or 
 indelible marks on his body. If necessary 
 he is then vaccinated against small-pox and 
 the first injection of the typhoid prophylaxis 
 is administered. His D and A Card is then 
 completed down to the line " vaccinated " on 
 the front of the card. 
 
 The recruit is retained at the depot for 
 a variable length of time, where he is given 
 such elementary instruction as is practicable 
 in the time available, and is then forwarded 
 to a regular organization. At this time his 
 D and A Card is completed to include the 
 signature of the Adjutant on the back and 
 the card accompanies the recruit to his regi- 
 ment where it is turned over to his command- 
 ing officer. 
 
 The man is assigned to a company and the 
 commanding officer completes the D and A 
 Card, showing the company to which as- 
 signed, and forwards the original card to the 
 Adjutant-General of the Army. 
 
 The Commanding officer causes a true copy 
 of the D and A Card to be prepared, which 
 lie furnishes to the company commander of 
 the company to which the recruit has been 
 assigned. The recruit has now joined his 
 regular organization and will thereafter be 
 borne on the rolls and returns thereof. 
 
 When a soldier is assigned to an organ- 
 ization the commanding officer of the 
 organization opens a Descriptive List (com- 
 monly known in the Army as a D. L.) in his 
 case. The data shown on the D and A Card 
 being used wherever applicable. 
 
 The D. L. contains a complete record of 
 the soldier's service and his accounts with the 
 government. In it are entered : 
 
 1. His name, rank and organization. 
 
 2. Name and address of the person to be 
 notified in case of emergency. 
 
6 
 
 Night Operations 
 
 3. Date and place of enlistment. 
 
 4. Place of birth and age at enlistment. 
 
 5. Description, etc., as shown on D and 
 A Card. 
 
 6. A record of his previous military service. 
 
 7. A record of his present service. 
 
 8. Record of foUovi^ing facts: Date of ap- 
 pointment and grade to v^hich appointed in 
 case of noncommissioned officer ; marksman- 
 ship or gunnery; furloughs granted; battles 
 participated in ; record of Medal of Honor or 
 Certificate of Merit that has been granted; 
 date of vaccination, with result; date of 
 completion of typhoid prophylaxis. 
 
 9. A complete record of convictions by 
 court martial. 
 
 10. The number of the enlistment period in 
 which the soldier is serving. 
 
 11. A record of allotments made by the 
 soldier and the date to which same have 
 been paid. 
 
 12. Record of the soldier's deposits, show- 
 ing date of deposit, amount deposited and 
 name of paymaster with whom deposit was 
 made. 
 
 13. Complete statement of the soldier's 
 clothing account with the Government, show- 
 ing date of each issue of clothing, the money 
 value of same and signature of soldier and 
 witnessing officer; statement showing the 
 clothing settlements that have been made 
 between the soldier and government during 
 the continuance of the Descriptive List. 
 
 14. Any additional remarks pertaining to 
 the soldier's service and accounts. 
 
 15. When the soldier is separated from his 
 company for any reason whatsoever his de- 
 scriptive list will be completed up to the date 
 of such separation by the entering of proper 
 notations under the headings marked with a 
 star on the Descriptive List blank. These 
 notations include: 
 
 (o) Excellence in horsemanship. 
 (&) Physical condition at date of separa- 
 tion from the company. 
 
 (c) Character. 
 
 (d) Character of Service. (Honest and 
 
 faithful or otherwise.) 
 
 (e) Date to which soldier was last paid 
 
 and name of paymaster making the 
 
 payment. 
 (/) Amount of money due the soldier or 
 
 due the United States on account 
 
 of clothing. 
 (g) Any money due the soldier other 
 
 than pay. 
 
 (h) Any money due the United States 
 to be stopped against the soldier's 
 pay on the next rolls upon which 
 his name appears, 
 (i) Under remarks, a statement showing 
 the reason for completing the De- 
 scriptive List. 
 16. The Descriptive List thus completed is 
 retained as a part of the company records 
 and in case of transfer, or when the soldier 
 does not completely sever his connection with 
 the military service, a copy of the same, 
 signed by the company commander, is for- 
 warded to the new commanding officer of 
 the soldier. 
 
 Q. What is a furlough f 
 
 A. A furlough is a permit in writing, author- 
 izing a soldier to be absent from duty 
 for a definite period of time specified 
 therein and authorizing him to go to 
 a definite place. (106) 
 Q. Who may grant furloughs to soldiers? 
 A. Any commanding officer. (106) 
 Q. For what periods are the several com- 
 manding officers authorised to grant 
 furloughs? 
 A. 1. Territorial Department commanders, 
 Brigade, district and post commanders, 
 and chief of the War Department bu- 
 reaus, for three months. 
 
 2. General Hospital, general supply de- 
 pot, mine planter and regimental com- 
 manders for one month. 
 
 3. A furlough for a period exceeding 
 three months will not be granted except 
 by the War Department, and then only 
 under the most unusual and urgent cir- 
 cumstances. (106) 
 
 Q. What general rules govern the granting 
 of furloughs to enlisted men and the 
 limitations placed on them? 
 A. A furlough will not be granted to an en- 
 listed man about to be discharged. 
 
 Not more than five per cent of a com- 
 mand may be on furlough at the same 
 time. 
 
 An enlisted man on furlough will not 
 leave the United States to go beyond 
 the sea unless the furlough includes 
 permission to do so. 
 
 The limits prescribed will be stated in the 
 furlough, and if exceeded may be re- 
 voked and the soldier arrested. 
 
 Furloughs granted to enlisted men serving 
 beyond the continental limits of the 
 United States, for the purpose of re- 
 
Night Operations 
 
 turning thereto, will take effect on the 
 date they reach the United States. 
 Soldiers on furlough will not take with 
 
 them their arms or accoutrements. 
 No payments will be made to soldiers on 
 furlough, without authority from the 
 War Department. (106 to 111) 
 
 Q. IVhat constitutes the offense of desertion 
 on the part of a soldier/ 
 
 A. Absenting himself without leave with the 
 intention of not returning to the mili- 
 tary service. (116) 
 
 Q. After what period of absence is an enlisted 
 man reported a deserter? 
 
 A. No man will be reported a deserter until 
 after the expiration of ten days (should 
 he remain away that length of time) 
 unless the company commander has 
 reason to believe that the absentee does 
 not intend to return. Should the sol- 
 dier not return or not be apprehended 
 within the time specified, his desertion 
 will date from the commencement of 
 his unauthorized absence. (132) 
 
 Q. What action is taken by the company 
 commander when a soldier deserts? 
 
 A. 1. Ascertain whether or not any govern- 
 ment property has been lost in conse- 
 quence of the desertion. 
 
 2. Secure the clothing and effects aban- 
 doned by the deserter. 
 
 3. Prepare a number of deserters' De- 
 scriptive Lists on the special blank pro- 
 vided for that purpose and forward 
 them to the commanding officer. (116) 
 
 Q. What action is taken with respect to 
 property lost in consequence of a deser- 
 tion ? 
 A. It will be surveyed as in the ordinary case 
 of property lost or destroyed and the 
 money value of same will be charged 
 against the deserter on the next pay 
 rolls of the company. 
 Note. — At this point it is deemed appro- 
 priate to explain the action taken with re- 
 spect to Government property lost or de- 
 stroyed. When property is lost or destroyed 
 the officer accountable or responsible there- 
 for prepares a " Report of Survey," in trip- 
 licate, upon which are enumerated the articles 
 of property so lost or destroyed, the money 
 value of same, and a notation citing the cir- 
 cumstances attending such loss or destruc- 
 tion. The affidavits and certificates on page 2 
 are accomplished and the blanks submitted 
 to the commanding officer for further action. 
 
 This report is then forwarded to the Sur- 
 vey Officer who makes an investigation of the 
 circumstances attending the loss or destruc- 
 tion of the property and makes a finding and 
 recommendation with respect to it. When 
 this finding and recommendation are approved 
 by the commanding officer, the papers are 
 complete and are disposed of as follows : 
 
 Two copies are forwarded to the officer 
 who is accountable for the property, 
 for use by him as vouchers to his 
 return. 
 One copy is forwarded to Department 
 Headquarters for administrative exam- 
 ination and file. 
 When property pertaining to more than one 
 supply department is lost through desertion, 
 survey reports covering each class of prop- 
 erty have to be made out as indicated. (116) 
 Q. What disposition is made of the clothing 
 
 abandoned by a deserter? 
 A. The company or detachment commander 
 turns over the clothing abandoned by 
 a deserter to the quartermaster, with a 
 certificate showing its condition and the 
 name of the deserter to whom it be- 
 longed. 
 The body of this certificate would read as 
 follows : 
 
 " I hereby certify that the articles of 
 clothing enumerated below, in the con- 
 dition noted, were abandoned by Private 
 John Doe, who deserted from Company C, 
 45th Infantry, on the 16th day of October, 
 1916." (117) 
 
 No. 
 
 Article. 
 
 Condition. 
 
 Q. What disposition is made of the personal 
 effects other than clothing, abandoned 
 by a deserter? 
 
 A. All personal effects of a deserter will be 
 disposed of as in the case of the un- 
 claimed effects of a deceased soldier — 
 i.e., they will be sold by a council of 
 administration and the proceeds of the 
 sale deposited with a quartermaster. 
 (See post.) (117) 
 
 Q. What disposition is made of the Descrip- 
 tive Lists of Deserters? 
 
 A. They are sent to such marshals, sheriffs, 
 and police officers as the commanding 
 officer may deem proper ; also, to the 
 officer in charge of the recruiting sta- 
 tion at or near the place where the 
 deserter was accepted for enlistment. 
 (118) 
 
Nigkt Operations 
 
 Q. to lu: 1 ^pan . affprc-h.K.: .r. 
 
 aiu. — .-—'^•:-3J of a .■ j*-." 
 
 A. A BCTward of $58 will rxe paid isss> ansy dreil 
 officer or cwdliaii ior the apprehension 
 az.' ' "ery ti: ■che proper military 
 
 ar- ' • ■ -s ar a miiirary post ci a 
 deseiter from rhe muiiary ser^dce. 
 
 y, iuncn a :w ■"■.ru- 
 
 der' o' _ ' . .-JT at a 
 
 station aihar ihan that of im aam^umy., 
 what acinan «s taken by his former 
 ar'i -.rwwawuierf 
 
 A. The ::g papers will be isirwardeG 
 
 to Ae Eominanding afficsr of tiie post 
 where die desener is receiwed.: 
 
 1. Descripri-^e List. 
 
 2. Charge and specmcaEions pite- 
 
 ienned against die (issener. 
 
 3. A iifit <aE wimesses. wirh a farief 
 
 ... ..,„ e^ddence tc be 
 
 : each. •, 124 i 
 
 Q,. Wltat as- a ckserrtar's fPoisoiSBe:? 
 
 A "When a soldier fcsers the ser^:icE ai die 
 Uimed Stages amr^ remams absenr in 
 fiseraon ror rwc years afrer die oaze 
 of the eacpiranan cf die period «sf time 
 ior which he enlisred. his tuial for 
 diraemnn is barred tPf the Sraorce ci 
 Linuianans ^"nf* he is grwen a " Ifesr- 
 ter% Eeiease." which is menely a ebt- 
 t^rarp EC aendce and fact si djser- 
 taon. In ■-~-'^~ — : obtain die deserter s 
 setease tii. w'lng ~acs in die caro 
 
 Trmst obtain:: 
 
 1. Twc years mcst tucr/e eiapsed afier 
 ■fihe r jtnry or wiiix±. die diserrer would 
 haswe lecerwed his discnarae rrom tiie 
 serrocB had is itemained dierewidi and 
 semed die ittll 'rmp ior which iie 
 eniisced. 
 
 2. "Ftf TniTKT hawe b^sn paiest^iil in tiie 
 Tunited Sfeates dn^ing dns periord ai 
 time. 
 
 3. Ss THTmr Sie an affidsvat serriiE 
 iaarrth hk daim. based on die sacrs in 
 tiie c^Be. 
 
 4. Sb mxffir tlv tne -tu: unmi- 
 "'^♦T'al of die .;_:■::■ ..:r such "^iieaae. 
 
 @. Wtatt azriian is taisxin witen a sab&Br is 
 
 CEi'2^ ar /■ - 
 
 fbBnerpTifm? 
 A. L Uiffi ffiEiiiiier will de sjmfineri perrnrng 
 acdon. 
 
 -. -1 report, ^ sis ;iescrip- 
 
 droe hst, v - - - _ .. ^t;d to the Ad- 
 jarEanr-General of the Armjy. 
 
 3. B&e wail be jfroopped irom tiie role osf 
 die A~ - ~ - ,-. .-- ^ f anthortty to 
 
 do so ; -. _ ,: r 'niPTTt 
 
 4. He win be Inrmed swcer to the repre- 
 senrarrwes csf die 'Sla.vj Departmenr 
 npon -"-•=: — 31 instmcdons to thar 
 efifict. 
 
 Q. UP hat are the reffulasions goverruttg the 
 
 ■retirement of i0n&siad men of the 
 
 A'rnpv.f 
 A. 1. Ee mnst hance served ior a period cif 
 
 30 3tean!s in the Army, Biawy or Marine 
 
 Corps, or in all of diem. 
 
 2. Serv-ice as a commissioned officer m 
 tie United Stares Volunteers, organ- 
 isBMi in laiS and 1^5!, or of die Facto 
 £ics) ~' 'Tial 5.egimerc cz Tr-^aTiiT v 
 ar csf _ - _.- ^jppme Scours, will cotmt 
 ior die pmTJose of retrrement as an en- 
 iisisd man as f^itrmfrh rendered as sndi. 
 
 3. Lengd: rf war service with die Army in 
 die heiu. or widi die Na:vy or Marine 
 Carps in active service leidier as voi- 
 T TTr^"*^ or regular ntrring the War of 
 thf Ssbeliion and actual servios in 
 China. Cuba, die Philmpme Islands, the 
 T^lanf) of C^rta-m Alaska ar Panama, 
 or prrnr to Apnfl ^ 1964, m Porto 
 SdcB, win, ior enusEd men enlisting 
 prior tD Angnst 24, 1912, be douDied 
 in Gomiputnig die 3S) years^ service 
 neu^sary to «nitit1p an <*nTTf»-ffri man ts> 
 
 4. The ar^-;a] service in any of the ptaces 
 named above will be considered k be- 
 p-mTTTng on tiie nxTf erf die soMffir's 
 am-val at dffi first port of call, and as 
 fTTrniF on die daffi af ins departure 
 iiimn die 1^ port of call dierein. 
 
 H. Tte •nrme f^-rr-rng wiiich a solffifT may iie 
 
 on iurlongh winle ir ii:3K 
 
 named will not be u „:i „ in 
 
 compurmg hs servicB far retirenEnt. 
 
 .34 to 138^ 
 
 ^.. r ncc admiii- ' ~ ~ion is taken on the 
 
 •^ere^pt c- - for a saidiers 
 
 TfBafremen:: 
 
 A 1. Th-p saidffir s mnnediate curnniaTtning 
 officer win furnish hrm with a final 
 statement, ciosmg iiis accamUs of pa?:, 
 i lw p tm ii s arrri all aHowancss odiEr dian 
 dmse of travel, 'aea of die das of die 
 imcgipr ~ die ordEr. 
 
Night Operations 
 
 2. He will forw'ard to the Adjutant- 
 General of the Arm}' a Descriptive List 
 (in duplicate), noting thereon the fact 
 that a final statement has been given, 
 the re-enlistment or continuous service 
 pay per month for which the soldier 
 was last mustered and his post-ofl5ce 
 address for the next 30 daj's. 
 
 3. The Descriptive List will bear the sol- 
 dier's signature, or, if he cannot -write, 
 a statement to that effect. 
 
 4. The final statement and Descriptive List 
 must state the date to which subsistence 
 has been furnished, also whether sub- 
 sistence while traveling home has been 
 furnished and. if so. for what dates. 
 
 5. A discharge certificate will not be given, 
 but the soldier will be dropped from the 
 rolls of his command with appropriate 
 explanatory remarks. 
 
 6. The Quartermaster Corps will be noti- 
 fied and furnished with the soldier's 
 signature, as in the case of discharge. 
 (See post.) (135) 
 
 Q. What arc the pay and aUowances of a 
 retired soldier f 
 
 A. 1. Three-fourths of the monthly pay 
 allowed by law for the grade held by 
 him when retired. 
 2. In addition to the monthly pay he is 
 entitled to $9.50 per month for commu- 
 tation of clothing and rations and $625 
 per month in lieu of quarters, fuel and 
 light- (137) 
 
 O. Under what circumstances may a soldier 
 he discharged prior to the expiration 
 of his term of scrincc* 
 
 A. 1. By order of the President or Secretan,- 
 of War. 
 
 2. By the sentence of a (jeneral Court 
 Martial or Military- Commission. 
 
 3. By direction of the c muMuai der of a 
 territorial department or mobilized 
 division : 
 
 < a^ T-y purchase, under the rules 
 governing such discharge. 
 
 (i») On account of disability 
 
 (f) On account of a sentence to im- 
 prisonment given by a dvil 
 court, whether suspended or 
 not 
 (d^ Deserters found unfit for mili- 
 tarj- service. 
 
 (r) WTien the soldier is recom- 
 mended for disdiarge after ex- 
 amination bv a board of offi- 
 
 cers, and found to be unfit for 
 further miHtar3' ser^ace. (Par. 
 148^ ; see Post) 
 4. In compliance with an order of one of 
 the United States Courts, or a justice 
 or a judge thereof, on a writ of habeas 
 corpus. (139) 
 Q. Describe the procedure of settling the 
 soldier's accounts ■:snth the Go^vrnment 
 •when he is discharged the service or 
 furloughed and transferred to the 
 Reserve. 
 A. 1. The companj' commander closes his 
 accounts on his Descriptive List and 
 furnishes the soldier with a final state- 
 ment in duplicate, which contains all 
 information necessary for a final set- 
 tlement of the accounts between the 
 government and the soldier. 
 
 2. The soldier presents this final statement 
 to the quartermaster along with the 
 certificate of discharge or order trans- 
 ferring and furloughing him to the 
 reserve, as the case may be. 
 
 3. Prior to the soldier's presenting the 
 final statement for paj-ment the com- 
 pany commander will have notified the 
 quartermaster in his own hand-«-riting 
 of the fact that such final statement will 
 be issued, giving in general the infor- 
 mation contained therein, and hav- 
 ing the soldier's signature inscribed 
 thereon. 
 
 4. The (Quartermaster computes the 
 amotmt due the soldier on the final 
 statement and pays the same by check 
 or cash, using the final statement as a 
 voucher to his money accounts. 
 
 O. Under what circumstances are soldiers, 
 discharged or - ■" "to the re~ 
 
 serzie, nd •'■vrr.. ._ „■ . . Final State- 
 ments? 
 
 A. A final statement wiH not be furnished 
 to a soldier who has forfeited all pay 
 and allowances and has no deposits 
 due him. (140') 
 
 Q. What action is taken when a soldier is not 
 furnished "final statements on his dis- 
 charge or furlough to the rcser:'C? 
 
 A. He is given a full statement in writing 
 of the reasons why such final statement 
 is not furnished. (140) 
 
 Q. IVhat rules go7'rm the entries to be made 
 on a anal statcm-ent with respect to the 
 reasons for the soldier's separation 
 from active sennccT 
 
10 
 
 Night Operations 
 
 A. 1. When the soldier has completed his 
 term of service the notation is made: 
 " Expiration of Term of Service." 
 
 2. When the soldier is furloughed and 
 transferred to the Army reserve the 
 notation is made : " Furloughed and 
 transferred to the Army Reserve." 
 
 3. When the discharge is made on Certifi- 
 cate of Disabihty the ascertained disa- 
 bility, as recited in the certificate, must 
 be given in the final statement as the 
 reason or cause for discharge. 
 
 4. Whenever a soldier is discharged prior 
 to the expiration of his term of ser- 
 vice, the actual cause of discharge will 
 be stated in the order directing the 
 discharge and the same will be fully 
 stated on the discharge certificate and 
 final statement. Where the discharge 
 is ordered on account of the soldier's 
 misconduct, or unfitness for the ser- 
 vice, physical or in character, due to 
 the soldier's misconduct, a statement to 
 that effect will be set forth in the 
 order and will be noted on the dis- 
 charge certificate and final statement. 
 (140) 
 
 Q. Under what circumstances may a soldier 
 be held in the service to make up time 
 lost? 
 
 A. 1. He may be held to make up time lost 
 on account of absence without leave. 
 2. He may be held to make up time lost 
 by absence from duty on account of his 
 own misconduct; sickness contracted, 
 " not in line of duty" ; absence from 
 duty while in confinement, awaiting 
 trial, awaiting the result of trial and 
 while serving sentence after trial and 
 conviction for an offense. (142) 
 
 Q. On what day is the soldier furloughed 
 and transferred to the Army Reserve? 
 
 A. On the last day of his period of active ser- 
 vice — i.e., if enlisted on the second day 
 of the month his term will expire on 
 the first day of the same month in the 
 last year of his term with the colors. 
 (Note: Under existing laws a soldier 
 may be furloughed and transferred to 
 the Reserve at any time after having 
 completed a year's service.) (143) 
 
 Q. When a soldier is unfitted for military 
 service what action is taken? 
 
 A. 1. H he is found to be unfitted on account 
 of physical disability he may be dis- 
 
 charged on Certificate of Disability, 
 after thorough examination by a medi- 
 cal officer. 
 
 2. If he is found to be inapt, or does not 
 possess the required degree of adapta- 
 bility for the military service, or gives 
 evidence of habits or traits of character 
 which serve to render his retention in 
 the service undesirable or is disquali- 
 fied for service, physically or in char- 
 acter, through his own misconduct, his 
 company commander will report the 
 facts to the commanding officer. The 
 commanding officer convenes a board of 
 officers, three when practicable, to de- 
 termine whether the soldier should be 
 discharged prior to the expiration of 
 his term of enlistment. 
 
 3. The sessions of this board are con- 
 ducted in general after the manner of 
 a special court martial. The soldier 
 is authorized to challenge members of 
 the board for cause, to be present 
 throughout the conduct of the investi- 
 gation, to have witnesses testify in his 
 behalf and to make a statement in his 
 own behalf. 
 
 4. When the findings of the board indi- 
 cate disqualification through physical 
 disability, the proceedings are accom- 
 panied by a certificate of disability. 
 (See Post.) 
 
 5. If discharge is recommended by the 
 board, the proceedings, if approved by 
 the convening authority, will be for- 
 warded for final action to the officer 
 exercising general court martial juris- 
 diction over the command. The pro- 
 ceedings are then forwarded to the 
 Adjutant-General of the Army for file. 
 (159) 
 
 Q. What are the several classes of discharge 
 
 blanks? 
 A. 1. Tlie blank for honorable discharge. 
 
 2. The blank for discharge. 
 
 3. The blank for dishonorable discharge 
 (yellow). (ISO) 
 
 Q. Under what circumstances are the several 
 classes of discharge blanks used? 
 
 A. 1. The blank for honorable discharge, 
 when the soldier's conduct has been 
 such as to warrant his re-enlistment 
 and his service has been honest and 
 faithful. 
 
Night Operations 
 
 11 
 
 2. The blank for dishonorable discharge, 
 when the soldier has been dishonorably 
 discharged by sentence of a court mar- 
 tial or military commission. 
 
 3. The blank for discharge when the sol- 
 dier is discharged except as specified 
 under sections 1 and 2 above. (150) 
 
 Q. When a soldier is discharged and is con- 
 sidered suitable material for a volun- 
 teer oUicer, what action is taken? 
 
 A. When in the opinion of the company com- 
 mander, the circumstances warrant it, 
 notation will be made, under remarks 
 on the back of the discharge certificate, 
 that the soldier is fitted for a commis- 
 sion in the United States Volunteers, 
 and will give his special qualifications. 
 (149) 
 
 Q What action is taken when a discharge 
 certificate is lost or destroyed? 
 
 A. 1. A discharge certificate will not be 
 made in duplicate and under no cir- 
 cumstances will it be duplicated. 
 
 2. Upon satisfactory proof of loss or de- 
 struction without the fault of the per- 
 son entitled to it, the War Department 
 may issue to such a person a " Certifi- 
 cate of Service," showing the date of 
 enlistment in and discharge from the 
 Army and the character given on the 
 discharge certificate. 
 
 3. An application for certificate in lieu of 
 a lost or destroyed discharge certifi- 
 cate will be forwarded directly to the 
 Adjutant-General of the Army by the 
 soldier's immediate commander. (151) 
 
 Q. What do you understand by the term 
 "partial Descriptive List"? 
 
 A. Upon the discharge of a soldier, who is 
 absent from his regular organization, 
 and in whose case a Descriptive List 
 was furnished, a " partial Descriptive 
 List," giving date, place and cause of 
 discharge, the character given on dis- 
 charge certificate, whether service was 
 honest and faithful, and containing only 
 such other data as pertain to the mili- 
 tary status of the soldier and his 
 accounts while absent, will be fur- 
 nished the soldier's organization com- 
 mander by the officer who made the 
 discharge. (154) 
 
 Q. What is a "Notification of Discharge"? 
 
 A. It is a document furnished by the officer 
 making the discharge in the case of an 
 enlisted man discharged at a place 
 
 where there is no available office pro- 
 vided with funds to make payment of 
 Final Statements. (155) 
 
 Q. What is the object of the " Notification of 
 Discharge"? 
 
 A. It is merely an advance statement of the 
 soldier's accounts as they will appear 
 on his Final Statements, given to the 
 officer who cashes the Final Statements, 
 as a check against same and to prevent 
 fraud or making a payment of Final 
 Statements that may have been altered 
 after they are given to the soldier. 
 (The Notification of Discharge is made 
 out in the handwriting of the officer 
 who is to sign the Final Statement. It 
 is mailed to the quartermaster who is 
 to pay the Final Statement at least one 
 week prior to the date when it is ex- 
 pected that the Final Statements will 
 be presented for payment. It contains 
 the date of last payment to the soldier : 
 his credits and debits, in words and 
 figures ; and all other data essential 
 for proper payment. It has inscribed 
 thereon the soldier's signature or in 
 case he cannot write a statement to that 
 effect. When the Final Statements are 
 to be paid at the same place where they 
 are executed the Notification is not 
 required.) (155) 
 
 Q. Who is held responsible for overpayments 
 caused by erroneous entries on Final 
 Statements? 
 
 A. The officer who signs the Final State- 
 ment is held responsible for overpay- 
 ments due to erroneous entries, and 
 will be called upon to reimburse the 
 Government for such overpayments. 
 (155) 
 
 Q. What is the effect of a dishonorable dis- 
 charge? 
 
 A. A dishonorable discharge from the service 
 is a complete expulsion from the Army 
 and covers all unexpired enlistments. 
 (156) 
 
 Q. When a soldier is found to be permanently 
 unfitted for military service because of 
 wounds or disease, what action is 
 taken? 
 
 A. He should, if practicable, be discharged 
 on " Certificate of Disability " before 
 the expiration of the term of service in 
 which the disability was incurred. 
 (Certificates of Disability are not made 
 in duplicate and great care has to be 
 
12 
 
 Night Operations 
 
 taken to prevent their loss or destruc- 
 tion.) (159) 
 
 Q. What duties devolve upon the Company 
 Commander on the death of a soldier 
 of his organi::ationf 
 
 A. 1. In the case of the death of any soldier, 
 the commanding officer of his troop, 
 battery or company shall immediately 
 secure all his effects then in camp or 
 quarters, and shall, in the presence of 
 two other officers, make an inventory 
 thereof, which he shall transmit to the 
 office of the Department of War. (Old 
 126 Article of War.) (This inventory 
 of effects is made in triplicate and all 
 three copies have to be originals. Two 
 are forwarded and the third retained 
 with the company records.) 
 
 2. Notify the nearest relative of the fact 
 of death. (Note: The name and ad- 
 dress of the person to be notified in 
 case of emergency (death) will be 
 found on the soldier's Descriptive List. 
 This notification will be made by tele- 
 graph and at the same time a request 
 made that reply be forwarded by tele- 
 graph as to whether or not it is desired 
 to have the remains shipped home at 
 Government expense and if shipment 
 home is desired the destination and the 
 name of the person to whom the re- 
 mains are to be consigned.) 
 
 3. Have the remains prepared for ship- 
 ment or burial. (When the death 
 occurs in a military hospital, the sur- 
 geon in charge is responsible that the 
 remains are prepared for shipment or 
 burial as the case may be and his re- 
 sponsibility therefor does not cease 
 until the remains are turned over to 
 the quartermaster for shipment or 
 interment.) 
 
 4. Make all the arrangements for the 
 funeral. Have an order from regi- 
 mental headquarters issued ; make 
 arrangements for the escort, transpor- 
 tation and the ceremony. 
 
 5. The following report and papers are 
 sent to the Adjutant-General of the 
 Army: 
 
 (a) A report of the death of the 
 soldier. 
 
 (fc) A report from the medical offi- 
 cer, if there be one having a 
 knowledge of the facts, if not, 
 from the soldier's immediate 
 
 commanding officer, as to the 
 cause of death ; whether or not 
 it was from wounds or disease 
 contracted in line of duty ; 
 whether or not it was from 
 wounds or disease, the result 
 of his own misconduct. 
 
 (c) Duplicates of the inventory of 
 
 effects. 
 
 (d) A Final Statement (single 
 
 copy). (162 to 167) 
 Q. What becomes of the effects of a de- 
 ceased soldier f 
 A. 1. Officers charged with the care and cus- 
 tody of the effects of deceased soldiers 
 are required to turn them over to the 
 legal representatives of the deceased. 
 (Note: In case the effects are turned 
 over to the legal representatives as 
 indicated the officer will take a receipt 
 for same in duplicate and forward it 
 to the Adjutant-General of the Army. 
 These receipts should correspond ex- 
 actly with the inventory of effects that 
 has been previously forwarded. In 
 case there is any discrepancy in the 
 items thereon a detailed and exhaustive 
 explanation will be required.) 
 2. Should the effects not be claimed 
 within a reasonable time they will be 
 sold by a council of administration 
 under the authority of the post com- 
 mander, and the proceeds transferred 
 to the soldier's immediate commander, 
 by whom they will be deposited with 
 a Quartermaster to the credit of the 
 United States. Duplicate receipts will 
 be taken, one of which will be for- 
 warded direct to the Adjutant-General 
 of the Army. (Note: When the pro- 
 ceedings of the council of administra- 
 tion are prepared they should show in 
 the body of same a list of all articles 
 entered on the inventory of effects, 
 previously prepared, and account for 
 the disposition of each and every 
 article. Any discrepancy in these lists 
 which leaves an article unaccounted 
 for will result in endless correspond- 
 ence with the Adjutant-General's Office. 
 The duplicate of the receipt will be 
 filed with the appropriate records in 
 the company. A copy of the pro- 
 ceedings of the council of adminis- 
 tration containing a duly certified list 
 of the proceeds will be forwarded with 
 
Night Operations 
 
 13 
 
 the quartermaster's receipt for the 
 money deposited.) 
 
 3. There is no authority for officers to 
 pay the debts of deceased soldiers. 
 (The accounts are settled by the Audi- 
 tor for the War Department.) 
 
 4. Watches, trinkets, personal papers, 
 and keepsakes will not be sold, but 
 will be labeled with the name, rank 
 and organization of the owner and 
 sent directly to the Adjutant-General 
 of the Army to be forwarded to the 
 Auditor for the War Department for 
 the benefit of those legally entitled to 
 them. (163) 
 
 Q. What report is made of the disposition 
 of the remains of a deceased soldier? 
 
 A. The officer under whose direction the 
 disposition of the remains is made will 
 make a full report thereof to the 
 Adjutant-General of the Army. (167) 
 
 Q. Distinguish betiveen the terms " Extra 
 Duty" and "Special Duty." 
 
 A. Enlisted men detailed to perform specific 
 services which remove them temporar- 
 ily from the ordinary duty roster of 
 the company to which they belong will 
 be reported on " Extra Duty " if receiv- 
 ing increased compensation therefor, 
 otherwise on " Special Duty." (168) 
 
 Q. What are the limitations placed on en- 
 listed men being detailed on extra duty? 
 
 A. 1. They will not be placed on extra duty 
 without the sanction of the department 
 commander, except at posts commanded 
 by General Officers. 
 
 2. They will not be employed on extra 
 duty in time of war, nor in time of 
 peace for labor in camp or garrison 
 which can properly be performed by 
 fatigue parties. 
 
 3. Duty of a military character must be 
 performed without extra compensation. 
 
 4. Except in case of emergency, a non- 
 commissioned officer will not be de- 
 tailed on extra duty without authority 
 from the department commander or the 
 General Officer commanding a post or 
 in other cases by the Secretary of War. 
 A noncommissioned officer will not be 
 detailed on any duty inconsistent with 
 his rank and position in the military 
 service. 
 
 5. Enlisted men in the several staff de- 
 partments, including members of the 
 Post noncommissioned staff, will not 
 
 be detailed on extra duty except by 
 the authority of the War Department. 
 They are not entitled to extra duty 
 pay for services rendered in their re- 
 spective departments. 
 
 6. Company mechanics, artificers, farriers, 
 horseshoers, saddlers and wagoners 
 will not be detailed on extra duty. 
 
 7. Extra duty men will be required to 
 attend as many drill inspections and 
 other duties as commanding officers 
 deem practicable, unless specifically 
 excused by higher authority. 
 
 8. Extra duty men will be held to such 
 hours of labor as may be expedient 
 and necessary ; but, except in case of 
 urgent necessity, as in military opera- 
 tions, eight hours will be considered 
 a day's work. For all hours em- 
 ployed beyond that number, the soldier 
 will receive additional compensation — 
 the extra hours being computed as frac- 
 tions of a day of eight hours' dura- 
 tion. (168 to 176) 
 
 Q. What is the rate of Extra Duty pay? 
 
 A. For services as Mess stewards and cooks 
 at recruit depots — Steward : at the rate 
 of 50 cents a day and a share in the 
 remaining money allotted for the pur- 
 pose from the mess fund. Cooks : 25 
 cents per day or a share in the $3 
 allotted from the mess fund for the 
 payment of cooks. 
 As helpers to ordnance machinists in the 
 alteration and maintenance of scacoast 
 armament, 50 cents a day. 
 As clerks in coast fortification offices, 
 switchboard operators, guards at mili- 
 tary prisons and all other extra duty 
 services, 35 cents a day. (170) 
 
 Q. What organization in the mobile army is 
 the administrative unit? 
 
 A. The regiment. 
 
 Q. How is a regiment organized? 
 
 A. 1. A headquarters company, troop or 
 battery. 
 
 2. A supply company or troop. 
 
 3. A machine-gun company or troop. 
 
 4. In the infantry and cavalry, three bat- 
 talions or squadrons of four compa- 
 nies or troops each ; in the artillery, 
 two battalions of three batteries. 
 
 Note. — The headquarters company is 
 commanded by the Regimental adju- 
 tant. The supply company by the regi- 
 mental quartermaster ; the machine- 
 
14 
 
 Night Operations 
 
 gun company by a captain ; a battalion 
 is normally commanded by a major in 
 whose absence the senior captain com- 
 mands ; a company is normally com- 
 manded by a captain, in whose absence 
 the senior officer on duty therewith 
 commands. (Ed.) 
 
 Q. For what is the battalion commander 
 responsible f 
 
 A. A battalion commander is responsible for 
 the instruction, tactical efficiency, and 
 preparedness for war service of the 
 troops of his battalion under his im- 
 mediate command. 
 Note. — When the designation battalion or 
 company is referred to herein it is also 
 applicable to squadrons of cavalry, 
 troops of cavalry and batteries of 
 field artillery, respectively. (245) 
 
 Q. By ivhom are Held officers assigned to 
 stations? 
 
 A. Field officers of the mobile army are 
 assigned to stations by the department 
 commander. (247) 
 
 Q. What are the duties of the adjutant of 
 a regiment? 
 
 A. 1. He commands the Headquarters Com- 
 pany. 
 
 2. Under the direction of the commanding 
 officer he will have charge of the 
 various rosters of service; he will 
 m.ake, publish and verify all details, 
 keep the records of the regiment and 
 perform such military duties with 
 troops as are required by regulations. 
 Through him the commanding officer 
 communicates with the officers and 
 men of his command. 
 
 3. The adjutant should be courteous to 
 and on friendly terms with the officers 
 of the command he represents, and will 
 avoid all discussions of the orders or 
 military conduct of his superiors. 
 
 4. He should inform himself on all points 
 of military usage and etiquette, and on 
 proper occasions aid with his advice 
 and experience the subalterns of the 
 regiment, especially those just entering 
 the service. 
 
 5. He will endeavor at all times to exert 
 the influence belonging to his station 
 in sustaining the reputation, discipline 
 and harmony of the command. (251) 
 
 Q. What books of record, reports and papers 
 will be kept in each regiment? 
 
 A. 1. A correspondence book with the docu- 
 ment file pertaining thereto. 
 
 2. A regimental fund book. (The regi- 
 mental fund consists of all monies 
 accruing to the regiment by contri- 
 bution, percentage from band engage- 
 ments, and percentage from Post Ex- 
 change dividends. This money is 
 expended for the benefit of the regi- 
 ment by the adjutant, under the direc- 
 tion of the regimental commander.) 
 
 3. A file of regimental orders, all orders, 
 instructions and circulars from higher 
 authority; copies of monthly returns, 
 and other returns and rolls pertaining 
 to the regiment. (258) 
 
 Q. What is the rule governing the detail of 
 captains on detached service? 
 
 A. The detail of captains on detached service 
 away from their arm of the service 
 will be limited, as far as practicable, 
 to those required by law. (265) 
 
 Q. For what is the company commander 
 responsible? 
 
 A. For the instruction, tactical efficiency and 
 preparedness for war service of his 
 company ; for the care and preservation 
 of its equipment and for the proper 
 performance of duties connected with 
 its subsistence, pay, clothing, accounts, 
 reports and returns. (266) 
 
 Q. What is the order of succession to com- 
 mand in a company? 
 
 A. In the absence of its captain, the com- 
 mand of a company devolves upon the 
 subaltern next in rank who is serving 
 with it, unless otherwise specially 
 directed. (267) 
 
 Q. What is the rule regarding the selection 
 and the standing of noncommissioned 
 officers in a company? 
 
 A. 1. Noncommissioned officers will be care- 
 fully selected and instructed. 
 
 2. They will always be supported by com- 
 pany commanders in the proper per- 
 formance of their duties. 
 
 3. They will not be detailed for any duty 
 or permitted to engage in any occupa- 
 tion inconsistent with their rank and 
 position. (Note in this connection non- 
 commissioned officers may not be per- 
 mitted to engage in occupations such 
 as company barbers, tailors, etc.) 
 
 4. Officers will be cautious in reproving 
 them in the presence or hearing of 
 private soldiers. (270) 
 
Night Operations 
 
 15 
 
 Q. By ic'lio})! are noncommissioned officers 
 appointed?' 
 
 A. 1. By regimental commanders on the 
 recommendation of company and bat- 
 talion commanders. 
 
 2. Wiien a battalion is stationed away 
 from regimental headquarters the bat- 
 talion noncommissioned staff officers 
 may be appointed by the battalion 
 commander. 
 
 3. In the coast artillery corps companies 
 noncommissioned officers are appointed 
 by coast defense commanders on the 
 recommendation of company com- 
 manders. 
 
 4. The captain selects the first sergeant, 
 quartermaster sergeant, mess sergeants 
 and stable sergeants from the sergeants 
 of his company. (271) 
 
 Q. IVIiat is a lance corporal f 
 
 A. A private who has been given a tem- 
 porary appointment to the grade of 
 noncommissioned officer, for the pur- 
 pose of testing capacity for the duties 
 that would devolve upon him as a 
 regularl}' appointed noncommissioned 
 officer. Tliey are not given a warrant 
 but are obeyed and respected as cor- 
 porals. (272) 
 
 Q. How many lance corporals may tliere be 
 in a company f 
 
 A. No company may have more than one 
 lance corporal at a time, unless there 
 are noncommissioned officers absent by 
 authority, during which absences there 
 may be one for each absentee. (272) 
 
 Q. What are tlie rides witfi respect to tlie 
 warrants of noncommissioned officers? 
 
 A. 1. Each noncommissioned officer will be 
 furnished with a certificate or warrant 
 of his rank, signed by the regimental 
 commander and countersigned by the 
 adjutant. 
 
 2. A separate warrant as first sergeant, 
 quartermaster sergeant or stable ser- 
 geant will not be issued. 
 
 3. A warrant issued to a noncommissioned 
 officer is his personal property. 
 
 4. Warrants need not be renewed in case 
 of re-enlistment in the same company, 
 if re-enlistment is made the dav fol- 
 
 lowing that of discharge, but unless 
 otherwise ordered by the regimental 
 commander or coast defense comman- 
 der, on the recommendation of the 
 company commander, will remain in 
 force until vacated by promotion or 
 reduction, each re-enlistment and con- 
 tinuance to be noted on the warrant 
 by the company commander. 
 5. The warrants for noncommissioned 
 officers of the coast artillery corps com- 
 panies will be signed by the coast de- 
 fense commander and countersigned by 
 the coast defense adjutant. (274) 
 
 Q. Under what circumstances may a non- 
 commissioned officer be reduced to the 
 ranlcs? 
 
 A. 1. By sentence of a court martial. 
 
 2. On the recommendation of the company 
 commander, by order of the comman- 
 der having final authority to appoint 
 such noncommissioned officer. 
 
 3. On the recommendation of the com- 
 pany commander by a battalion com- 
 mander or senior officer on duty with 
 the detachment of a regiment serving 
 in another department or at such dis- 
 tance from regimental headquarters 
 that more than 15 days are required 
 for correspondence to pass back and 
 forth. 
 
 Note. — No commissioned officer may be 
 reduced because of absence on account 
 of sickness or injury contracted in line 
 of duty. The transfer of a noncom- 
 missioned officer from one company 
 to another carries with it reduction 
 to the ranks unless otherwise specified 
 in the order by authority competent 
 to issue a new warrant. When a non- 
 commissioned officer, while in arrest 
 or confinement, is reduced by sentence 
 of a court martial, the date of the 
 order publishing the sentence is the 
 date of reduction. In all other cases 
 the reduction takes effect on the date 
 of the receipt of the order at the sol- 
 dier's station. The desertion of a non- 
 commissioned officer vacates his posi- 
 tion from the date of his unauthorized 
 absence. (276) 
 
Administration — Concluded (February, 1917) 
 
 Q. What restrictions govern the detail of a 
 soldier for duty as company tailorf 
 
 A. 1. He may be relieved from ordinary mili- 
 tary duty while so detailed. 
 
 2. The post exchange council will fix the 
 rates to be charged. 
 
 3. Accounts due the tailor may, if neces- 
 sary, be deducted from the soldiers' 
 pay and turned over to him. (279) 
 
 4. A noncommissioned officer may not be 
 detailed. 
 
 Q. What books of record, reports and papers 
 are kept in each company? 
 
 A. 1. A Correspondence Book and Document 
 File in connection therewith. When cor- 
 respondence is sent out from or re- 
 ceived at the company office and it is 
 desired to have a complete record of 
 same, it is entered in the correspond- 
 ence book and either the original or a 
 copy of the document placed in the 
 document file. Only a synopsis of the 
 contents is entered in the correspond- 
 ence book and the entry is indexed and 
 cross indexed. 
 2. A Sick Report. Immediately after re- 
 veille each morning, all soldiers desir- 
 ing to receive medical treatment, report 
 to the orderly room and their names 
 are entered on the sick report book. 
 At sick call, the noncommissioned of- 
 ficer in charge of quarters conducts the 
 sick to the hospital where he presents 
 the sick report to the medical officer 
 who in turn makes such examination 
 of the men and prescribes such treat- 
 ment as may be required. The surgeon 
 makes entry in the sick report indicat- 
 ing whether or not the soldier is capa- 
 ble of performing duty, in which case 
 he either marks him " hosp," "quar- 
 ters," or " duty." In case he is marked 
 other than duty, he is carried on the 
 
 16 
 
 morning report as " sick." A soldier 
 may have his name entered on the sick 
 report at any time that he may become 
 ill during the day, and the same pro- 
 cedure obtains. 
 3. A Morning Report. Immediately after 
 the sick report has been returned from 
 the hospital the First Sergeant makes 
 out his morning report and has it ready 
 for the company commander's signa- 
 ture. The morning report indicates the 
 status of the company for duty or ab- 
 sence from duty. It is usually sub- 
 mitted to headquarters after the tactical 
 work for the forenoon has been com- 
 pleted. From it, the consolidated morn- 
 ing report of the command is made up. 
 The morning report shows the number 
 of officers and enlisted men of the vari- 
 ous grades in the company for duty; 
 the number on extra or special duty; 
 the number present sick; the num- 
 ber in arrest or confinement, and the 
 number absent. In mounted commands 
 the number of horses and mules is 
 shown, together with their condition, 
 serviceable or otherwise. On the oppo- 
 site page, under the heading " re- 
 marks," explanation is made of any 
 fact that makes a change in the figures 
 of the report from those of the previ- 
 ous day. Ruled columns are provided 
 for making a record of the ration and 
 forage additions and deductions inci- 
 dent to men or animals joining or leav- 
 ing the command. In making out the 
 morning report the principal rule to be 
 observed is that " every change in the 
 figures of the previous day's report must 
 be explained by an appropriate remark 
 under the heading of remarks." By 
 this means, the figures may be readily 
 checked. 
 
Night Operations 
 
 17 
 
 4. A file of Descriptive Cards of public 
 animals, kept in organizations supplied 
 with public animals. 
 
 5. A Company Council Book. This is a 
 ledger in which the account of the com- 
 pany fund is kept. This will be ex- 
 plained in detail later. 
 
 6. A Record of Individual Property re- 
 sponsibility of enlisted men. This is a 
 loose-leaf book, each page of which 
 contains a list of all government prop- 
 erty in the hands of one enlisted man. 
 A sheet for each soldier is prepared and 
 he is required to receipt for all prop- 
 erty as he receives it. The quarter- 
 master property is entered on one side 
 of the sheet and the ordnance property 
 on the other. 
 
 7. A Record of Punirhments awarded by 
 the company commander. Company 
 commanders are not required to bring 
 every dereliction of duty to trial by 
 court-martial. They endeavor to pre- 
 vent a recurrence of an offence by with- 
 holding privileges and taking such steps 
 as may be necessary to enforce their 
 orders. Company commanders are 
 authorized under the regulations, and 
 subject to the control of the command- 
 ing officer of the post, to dispose of 
 cases of derelictions that come under 
 the jurisdiction of summary court- 
 martial by requiring extra tours of 
 fatigue, unless the soldier concerned de- 
 mands trial. Whenever the company 
 commander avails himself of this 
 authority he is required to enter a 
 record of the offence, and the action 
 taken in the delinquency record of the 
 soldier. 
 
 8. A file of Descriptive Lists. (Hereto- 
 fore explained.) 
 
 9. A file of Orders and Instructions re- 
 ceived from higher authority and re- 
 tained copies of rolls, reports and re- 
 turns required by regulations or orders. 
 
 10. Retained copies of all returns of prop- 
 erty pertaining to the company and full 
 information respecting all quartermas- 
 ter and other supplies held on memo- 
 randum receipt, showing list of articles, 
 date of receipt, from whom received, 
 and the name of the officer who signed 
 the memorandum receipt therefor; 
 also an account of all articles turned 
 
 in, expended, stolen, lost or destroyed. 
 All of this is kept on a loose-leaf sys- 
 tem that is very simple. Company com- 
 manders are required to have a settle- 
 ment with the various staff officers from 
 whom they hold property on memoran- 
 dum receipt, quarterly and when re- 
 linquishing command, or when turning 
 over the property to another officer. 
 11. A Duty Roster. A list of the members 
 of the company and a record of the 
 duty performed by each. This is kept 
 by the First Sergeant of the Company. 
 Note. — The deposit books of soldiers which 
 contain a record of the money deposited by 
 them with the Quartermaster, are usually kept 
 on file in the company orderly room. (280- 
 281) 
 Q. What inspections are required to be made 
 
 daily by company commanders? 
 A. They are required to make a daily in- 
 spection of the men's quarters and the 
 kitchen, giving particular attention to 
 cleanliness and to the proper prepara- 
 tion of food. (283) 
 Q. What rules govern Saturday Inspection? 
 A. 1. Company commanders are required to 
 make a complete inspection of their or- 
 ganization under arms every Saturday. 
 
 2. No one will be excused from Satur- 
 day inspection except the guard and the 
 sick in hospital. 
 
 3. Cavalry and field artillery will habitu- 
 ally be inspected mounted. (283) 
 
 Q. Into what subdivisions is the company 
 divided? 
 
 A. The company commander will cause the 
 enlisted men of the company to be 
 numbered and divided into squads, each 
 under the charge of a noncommissioned 
 officer. As far as practicable the men 
 of each squad will be quartered to- 
 gether. (284) 
 
 Q. What general rules of personal hygiene 
 and sanitation are required to be ob- 
 served in each company? 
 
 A. 1. Strict attention will be paid by com- 
 pany commanders to the personal clean- 
 liness of the men and to the police of 
 barracks or tents. 
 
 2. The men are required to bathe fre- 
 quently. 
 
 3. In garrison and in the field, when prac- 
 ticable, the men will be required to wash 
 their hands thoroughly after going to 
 
18 
 
 Night Operations 
 
 the latrines and before each meal, in 
 order to prevent the transmission of 
 typhoid fever and other diseases 
 through germs taken into the mouth 
 from unclean hands. 
 
 4. The hair will be kept short and the 
 beard, if one is worn, kept neatly 
 trimmed. 
 
 5. Arms will be kept in arm racks. Ac- 
 coutrements and sabres will be hung 
 up by the belts. Soiled clothing will be 
 kept in the barrack bag. 
 
 6. A thorough police of barracks will pre- 
 cede the Saturday inspection. Chiefs 
 of squads will see that bedding and 
 bunks are overhauled ; floors, tables and 
 benches scoured ; arms and accountre- 
 ments cleaned, and all leather articles 
 polished. (286-287) 
 
 Q. What general rules regarding uniform 
 and personal appearance of the soldier 
 are required to be observed in the com- 
 pany? 
 
 A. 1. Chiefs of squads are held responsible 
 for the cleanliness of their men. They 
 will see that those who are to go on 
 duty put their arms, accoutrements and 
 clothing in the best order, and that such 
 as have passes leave the post in the 
 proper uniform. 
 2. Soldiers will wear the uniform in camp 
 or garrison ; when on fatigue, they will 
 wear the suitable fatigue uniform. (288- 
 289) 
 
 Q. What are the duties of a company com- 
 mander with respect to the public prop- 
 erty in the possession of the company? 
 
 A. The company commander is required to 
 see that all property in the possession 
 of the company is kept in good order 
 and that missing or damaged articles 
 are duly accounted for. Note : Officers 
 who sign for public property, whether 
 on invoice or on memorandum receipt, 
 are held to a strict accountability 
 and responsibihty for same. If it is 
 lost or destroyed and they do not take 
 the required administrative steps in the 
 matter they will eventually have to pay 
 for it out of their private funds. Com- 
 pany commanders are also held respon- 
 sible for text-books and other official 
 publications issued for the use of their 
 companies. (290) 
 
 Q. What rules are required to be observed 
 by enlisted men with respect to the care 
 and preservation of their arms and 
 equipment? 
 
 A. 1. They will not take their arms apart 
 except by permission of a commissioned 
 officer and only in the manner pre- 
 scribed in tlie descriptive pamphlet of 
 the arm issued by the Ordnance Depart- 
 ment. 
 
 2. The polishing of blued or browned 
 parts of small arms, rebluing or re- 
 browning, putting any portion of an 
 arm in a fire or removing a receiver 
 from a barrel is prohibited. 
 
 3. The mutilation of any part by filing or 
 otherwise, and attempts to beautify or 
 change the finish, is prohibited. 
 
 4. The use of tompions in small arms is 
 forbidden. 
 
 5. The use of raw linseed oil only is 
 authorized for redressing and the ap- 
 plication, for such purpose, of any kind 
 of wax or varnish, including heelball, 
 is strictly prohibited. The soldier can 
 produce a fine finish on the wood parts 
 of his rifle by the application of raw 
 linseed oil and " elbow grease." In 
 order to set this finish soldiers some- 
 times apply one or more coats of alco- 
 hol. This transforms the oil that has 
 been rubbed into the stock, into a var- 
 nish and ruins all the work that has 
 been done on the piece. 
 
 6. It is forbidden to use any dressing or 
 polishing material on the leather ac- 
 coutrements or equipments of the sol- 
 dier, the horse equipments for cavalry, 
 or the artillery harness, except the prep- 
 arations supplied for that purpose by 
 the Ordnance Department. (292) 
 
 Q. What are the duties of a company com- 
 mander with respect to the cooking and 
 messing of his men? 
 
 A. 1. He will supervise the messing and cook- 
 ing of food for his men. 
 
 2. He will see that his company is pro- 
 vided with at least two copies of the 
 manual for Army Cooks. 
 
 3. He will see that suitable men in suffi- 
 cient numbers are fully instructed in 
 managing and cooking the ration in the 
 field. 
 
 4. He will see that necessary utensils 
 and implements, in serviceable condi- 
 
Night Operations 
 
 19 
 
 tion for cooking, both in garrison and 
 in the field, are always on hand, to- 
 gether with the field mess furniture 
 for each man. (296) 
 
 Q. What are the general rules for the ad- 
 ministration of the company messf 
 
 A. 1. The kitchen will be placed under the 
 immediate charge of a noncommissioned 
 ofiicer, who will be held responsible for 
 its condition and for the proper use of 
 rations. 
 
 2. No one, except those who go there on 
 duty, or are employed therein, will be 
 allowed to visit or remain in the kitchen. 
 
 3. The greatest care will be observed in 
 cleaning and scouring cooking utensils. 
 
 4. The food of prisoners will be sent to 
 their places of confinement, when prac- 
 ticable, but post commanders may ar- 
 range to send prisoners, under proper 
 guard, to their company messes. (297) 
 
 Q. What departtnent furnishes kitchen and 
 
 tablezvare and mess furniture? 
 A. The Quartermaster's Department. Al- 
 lowances are announced in orders. 
 Articles broken, lost or damaged are 
 charged to the individuals at fault. 
 (301) 
 Q. Of what does the field mess furniture of 
 
 the soldier consist f 
 A. It is limited to one tin cup, one knife, 
 one fork, one spoon and such device 
 for cooking as may be furnished by the 
 Ordnance Department. The article 
 now provided for individual cooking is 
 named the meat can. (302) 
 Note. — There is probably no phase of com- 
 pany administration that will pay such large 
 dividends in contentment, happiness and 
 esprit de corps, as a good company mess. 
 The company commander who has a poor 
 mess will have a poor company. The per- 
 sonnel of the culinary department of the 
 company consists of the Mess Sergeant, who 
 is detailed from the sergeants of the com- 
 pany : two cooks appointed by the company 
 commander; the necessary number of kitchen 
 police, detailed daily by roster from the pri- 
 vates of the company; a dining room orderly, 
 who is. as a rule, detailed by the month ; 
 and a private detailed in the kitchen to learn 
 cooking. 
 
 The Mess Sergeant is in charge of the com- 
 pany mess under the supervision of the com- 
 pany commander. Tie makes the purchases 
 
 of supplies and provides the cooks with the 
 materials necessary for the bill of fare for 
 each meal. He sees that the personnel con- 
 nected with the mess perform their duties 
 properly and that the food, in sufficient quan- 
 tity and excellent quality, is properly pre- 
 pared and promptly served at the hour desig- 
 nated. 
 
 The company cooks are selected for their 
 special qualifications. They receive the same 
 pay as the sergeants and in many cases re- 
 ceive special training for the work in one of 
 the several schools for army cooks main- 
 tained by the War Department. 
 
 The kitchen police are charged with the 
 scullery work of the kitchen. They prepare 
 the vegetables, wash and dry the dishes, 
 scrub the kitchen utensils and, when mess is 
 served, act as waiters in the dining room. 
 
 The dining room orderly is charged, under 
 the direction of the mess sergeant, with the 
 care of the tableware and table equipment 
 of the mess. He keeps an accurate account 
 of all articles and, when any are broken, 
 makes report of same in order that it may 
 be charged against the person at fault. He 
 sees that the tables are set and that the mess 
 stools are in place at the proper time. He 
 assists in waiting on the table during mess 
 hours and helps to wash and dry the dishes. 
 
 The private detailed in the kitchen to learn 
 cooking is one of the necessary utilities of 
 the companj'. The company commander 
 never knows when he is going to lose a cook 
 from one cause or another and it is abso- 
 lutely necessary to have available a man who 
 can be put into the kitchen and who is capa- 
 ble of doing the work in a satisfactory man- 
 ner should one of the cooks be absent. There 
 is only one way to have such a man avail- 
 able and that is to instruct him beforehand. 
 The far-sighted company commander al- 
 ways has se\-eral men in the company who 
 have received training in the kitchen. 
 
 There are several methods of making the 
 bill of fare in the service. Some company 
 commanders have the mess sergeant make up 
 the bill of fare from day to day, and submit 
 that for the succeeding day, at the morning 
 inspection. The writer has used the fol- 
 lowing method with success over a period 
 of a number of years : Make up a bill of 
 fare providing for each meal from Monday 
 morning at breakfast until Sunday night at 
 supper. Repeat this bill of fare each week. 
 
20 
 
 Night Operations 
 
 Change the items from time to time accord- 
 ing to the season and locality, providing 
 such articles of food as the market affords. 
 This method has been carefully worked out 
 and given a thorough trial under varying 
 conditions of the service and has proved 
 eminently successful. If you ever have the 
 opportunity, give it a fair trial. (Ed.) 
 Q. What are the several councils of admmis- 
 
 trationf 
 A. 1. The Post Exchange Council. The 
 Post Exchange Council is composed of 
 the officer in charge of the Post Elx- 
 change and the commanding officer of 
 each organization participating in the 
 Exchange. The Council meets at the 
 end of each month and at other times 
 when necessary. They audit the Post 
 Exchange fund, and examine into the 
 methods by which, and the sources 
 from which, such fund has accrued. 
 As a rule this council appoints a com- 
 mittee of its members for consultation 
 with the Post Exchange Officer in the 
 conduct of the business of the Ex- 
 change. The Council fixes laundry 
 charges and prices to be charged by 
 company tailors, shoemakers, etc., for 
 making repairs to uniforms. 
 
 2. The Company Council. Composed of all 
 officers present for duty with the com- 
 pany. It meets on the last day of each 
 month. It audits the company fund ; 
 examines into the sources from which 
 the company fund has accrued ; ap- 
 proves the expenditures made from the 
 fund and transacts such other business 
 as may be necessary with respect to the 
 expenditure of the fund. 
 
 3. The Aero Squadron Council. Corre- 
 sponds to the company council and its 
 duties with respect to the fund of the 
 aero squadron are the same. It is com- 
 posed of the squadron commander, the 
 second ranking officer in the squadron 
 and the squadron mess officer. 
 
 4. The Mess Council. Composed of the 
 Mess officer and the commanders of the 
 several organizations participating in 
 a general mess. They audit the mess 
 funds and make recommendations for 
 the conduct of the general mess. The 
 general mess is fast disappearing from 
 the service so that the necessity for the 
 
 mess council will soon cease to exist. 
 (316-321) 
 
 Q. What action is taken when loss of regi- 
 mental, company, post exchange or mess 
 funds occurs? 
 
 A. The circumstances must be carefully in- 
 vestigated and reported upon by a board 
 of three officers, who make recommen- 
 dations to the department commander 
 as to responsibility. (321) 
 
 Q. What limitation zmth respect to the ex- 
 penditure of cotnpany, regimental and 
 mess funds is placed upon their cus- 
 todians? 
 
 A. The purchase of any article which can 
 be obtained on requisition from a sup- 
 ply department is forbidden, except 
 that, with the approval of the post com- 
 mander, such articles may be purchased 
 if necessity exists for their immediate 
 use and they are not on hand for issue 
 at the post. (322) 
 
 Q. What are the rules governing the trans- 
 fer of regimental, company and mess 
 funds from one officer to another? 
 
 A. 1. No officer is permitted to take these 
 funds away from the post where the or- 
 ganization to which they pertain is sta- 
 tioned, except for deposit in a bank, or 
 to pay indebtedness. 
 
 2. Should the officer who is custodian of 
 any of these funds be absent from the 
 post for a period of from 3 to 10 days, 
 he will leave the funds with the of- 
 ficer acting in his place, taking a memo- 
 randum receipt therefor. If an officer 
 is to be absent for more than 10 days 
 he will regularly transfer the funds to 
 his successor. 
 
 3. In transferring funds to a successor, 
 the accountable officer will enter in the 
 council book a statement showing all 
 outstanding indebtedness and will enter 
 and sign the following certificate : 
 
 " I certify, to the best of my knowl- 
 edge and belief, that the following is a 
 complete and accurate statement of all 
 outstanding debts and obligations, to 
 date, payable from this fund." 
 
 In case there are no outstanding debts 
 or obligations he will certify accord- 
 ingly. (324) 
 Q. Under what designation are company 
 funds deposited in a bank? 
 
Night Operations 
 
 
 A. They will be placed under their official 
 designation. For example : " Company 
 Fund, Company ' H,' 29th Infantry." 
 They will not be placed to the credit 
 of the officer who is the custodian. 
 (324) 
 
 Q. From what sources do the regimental 
 fund accrue t 
 
 A. 1. The percentage received from band 
 engagements. This is usually 10 per 
 cent of the gross amount received. 
 
 2. The percentage of the Post Exchange 
 profits. The regulations require that 
 when a dividend is declared by the Post 
 Exchange, at least 5 per cent, and as 
 much more as the council will allow, 
 will be paid over to the regimental fund. 
 
 3. From contributions. In some organiza- 
 tions the officers contribute one day's 
 pay each year to the regimental fund. 
 
 4. From any other legitimate source. 
 (325) 
 
 Q. Who is the custodian of the regimental 
 fund? 
 
 A. The adjutant of the regiment. (325) 
 
 Q. From what sources do the company fund 
 accrue f 
 
 A. 1. Savings on rations. This money is ac- 
 counted for under the mess section of 
 the company fund. 
 
 2. The amounts received from Post Ex- 
 change Dividends. When the profits of 
 the Post Exchange show a balance over 
 and above the outstanding liabilities 
 the council usually distributes this 
 money by declaring a dividend which is 
 paid to the companies on the basis of 
 the stock held, or according to the 
 amount expended in the exchange by the 
 members of tlie company, or a com- 
 bination of the two methods. 
 
 3. All other moneys accruing from per- 
 centages or profits from pool and bil- 
 liard tables installed in the company 
 library and amusement room and from 
 tailor and barber shops. (327) 
 
 O. Who is the custodian of the comt>any 
 
 fund? 
 A. The company commander. (327) 
 
 Note. — The company fund is divided into 
 two classes, the general fund and the mess 
 fund. The mess fund accrues from savings 
 that may be made on rations and it may be 
 expended only for articles or supplies that 
 are consumed or used exclusively in the com- 
 
 pany mess. The general fund consists of all 
 other moneys accruing to the company, and 
 may be expended for any article for the 
 benefit of the whole company which cannot be 
 supplied by a supply department. When the 
 mess fund of a company runs low, money 
 from the general fund may be borrowed to 
 replenish it. The reverse of this rule does not 
 hold. 
 
 Q. What is a roster? 
 
 A. A roster is a list of officers and men for 
 duty, with a record of the duty per- 
 formed by each. 
 Note. — Generally details for duty are made 
 so that the one longest off is the first for 
 detail. Details so made are said to be made 
 by roster. (355) 
 
 Q. What are the classes of duty performed 
 
 by roster? 
 A. 1. Outposts. 
 
 2. Interior guards, including stable guards. 
 
 3. Detachments to protect laborers on 
 military works. 
 
 4. Armed working parties on such works. 
 The above constitute duties of the first 
 
 class. Soldiers march armed and, if neces- 
 sary, fully equipped on all duties of this class. 
 The second class comprises all other duties 
 and fatigue, in or out of the garrison or camp. 
 The rosters are distinct for each class. (357) 
 Q. What are the several duty rosters? 
 A. 1. Lieutenant-colonels and majors are 
 on one roster, and may be detailed when 
 the importance of the duty requires it. 
 In the field, their roster is kept at divi- 
 sion and brigade headquarters. 
 
 2. Captains form one roster and are ex- 
 empt from ordinary fatigue duties. 
 
 3. Lieutenants form one roster, but when 
 conditions make it advisable captains 
 and lieutenants may be placed on one 
 roster, or one or more of the senior 
 lieutenants may be placed on the cap- 
 tains' roster. 
 
 4. Sergeants, corporals, musicians and 
 privates form distinct rosters. (358) 
 
 Q. What rules govern the performance of 
 duty by roster? 
 
 A. In making details by roster, an officer or 
 enlisted man is each day charged with 
 the number of days that he has remained 
 present and available since the beginning 
 of his last tour. Departures from this 
 rule may be authorized by the com- 
 
m 
 
 Night Operations 
 
 manding officer whenever a strict ap- 
 plication would allow improper advan- 
 tage or work hardship. (360) 
 Q. When are credits given for tours of duty? 
 A. 1. Duties of the first class are credited on 
 the roster when the guards or detach- 
 ments have passed the chain of sentinels, 
 or an interior guard has reached its 
 post. 
 2. Duties of the second class are credited 
 when those detailed therefor have 
 entered upon their performance. 
 Note. — Except in case of emergency no 
 duty is required of the old Officer of the Day 
 or the old guard until four hours after they 
 have been relieved. (362) 
 Q. What rules govern the daily service in 
 
 garrison or camp? 
 A. 1. There will be daily, Sundays and holi- 
 days excepted, at least two roll-calls, 
 viz. : Reveille and retreat. 
 Note. — The roll is called on the company 
 parade by the First Sergeant, superintended 
 by a commissioned officer. In camp the squad 
 leaders report their squads, in lieu of the roll 
 call prescribed for garrison. When com- 
 panies are quartered together or in contigu- 
 ous barracks, one officer may superintend the 
 roll call of two or more companies. This is 
 usually done by the officer of the day. 
 
 2. Ordinarily there will not be any forma- 
 tion at tattoo. The call will be sounded, 
 and 15 minutes thereafter, lights in 
 squad rooms will be extinguished and 
 loud talking and noises will cease. 
 
 3. Call to quarters will be sounded at 10.45 
 P.M., and taps at 11. At taps all lights 
 not authorized by the commanding 
 officer will be extinguished. 
 
 4. Reveille roll-call in garrison will not 
 ordinarily take place earlier than 5.30 
 A.M., in summer, nor 6.30 a.m., in win- 
 ter. On Sundays and holidays reveille 
 roll call may be dispensed with. (370) 
 
 Q. What are the regulations governing the 
 time of the soldier's mess? 
 
 A. 1. For breakfast, thirty minutes after re- 
 veille roll call. 
 
 2. For dinner, not earlier than 12 and not 
 later than 12.15. 
 
 3. For supper, not earlier than 5 and not 
 later than 6.30 p.m. 
 
 4. Meals are required to be served 
 promptly at the hours appointed. The 
 men will be allowed at least 20 minutes 
 
 for breakfast and supper and thirty 
 minutes for dinner. (371) 
 Q. With what military honors are the Presi- 
 dent and Vice-president received? 
 A. With regimental colors or standards 
 drooping, officers and troops saluting, 
 and the bands playing " The Star 
 Spangled Banner,'' or in the absence of 
 a band, the field music or bugles sound- 
 ing "to the color." (375) 
 Q. With what military honors are General 
 
 officers of the Army received? 
 .A.. Officers of the following grades of rank 
 will be received with regimental stand- 
 ards or colors drooping, officers and 
 troops saluting and the bands or field 
 music playing as follows : 
 
 (a) The General : The General's 
 
 March. 
 {b) The Lieutenant General: 
 trumpets sounding three flour- 
 ishes, or drums beating three 
 ruffles, 
 (r) A Major General: trumpets 
 sounding two flourishes, or 
 drums beating two ruffles. 
 id) A Brigadier General: trumpets 
 sounding one flourish, or drums 
 beating one ruffle. (375) 
 O. What military honors are rendered to the 
 
 National Color? 
 A. 1. The National or Regimental Color or 
 Standard, uncased, passing a guard or 
 other armed body will be saluted, the 
 field music sounding " to the color " or 
 " to the standard." 
 2. Officers and enlisted men passing the 
 uncased color will render the prescribed 
 salute ; with no arms in the hand, the 
 salute will be the hand salute, using the 
 right hand. The head dress will not be 
 removed. {?>77) 
 Q. Whenever "The Star Spangled Banner" 
 
 is played, zvhat action is taken? 
 A. Whenever " The Star Spangled Banner " 
 is played at a military station or at any 
 place where persons belonging to the 
 military service are present in their of- 
 ficial capacity or present unofficially but 
 in uniform, all officers and enlisted men 
 will stand at attention, facing towards 
 the music, except at retreat, when they 
 will face towards the flag, retaining that 
 position until the last note of the air, 
 and then salute. With no arms in the 
 
Night Operations 
 
 23 
 
 hand the salute will be the hand salute. 
 Note. — The same respect is required to be 
 paid towards the national air of any other 
 country, when it is played as a compliment 
 to the official representatives of such country. 
 (378) 
 Q. lyhat rules govern military courtesies and 
 
 salutes betzveen officers f 
 A. 1. When making or receiving official re- 
 ports, all officers will salute, if cov- 
 ered; if uncovered, they stand at atten- 
 tion. 
 
 2. When under arms, the salute is made 
 with the sabre, if drawn : otherwise with 
 the hand. 
 
 3. On meeting, all officers when covered 
 salute ; when uncovered, they exchange 
 the courtesies observed between gentle- 
 men. 
 
 4. Military courtesy requires the junior 
 to salute first, but when the salute is 
 introductory to a report made at a mili- 
 tary ceremony or formation to the rep- 
 resentative of a common superior — for 
 example: to the adjutant, officer of the 
 day, etc. — the officer making the report, 
 whatever his rank, will salute first. 
 The officer to whom the report is made 
 will acknowledge, by saluting if cov- 
 ered, or verbally, if uncovered, that he 
 has received and understood the report. 
 (381) 
 
 Q. What rules govern the ^nilitary salutes of 
 enlisted men? 
 
 A. 1. Uncovering is not a form of the pre- 
 scribed salute. The hand salute is ex- 
 ecuted only when covered. 
 
 2. When an enlisted man with no arms in 
 hand passes an officer, he salutes with 
 the right hand. Officers are saluted 
 whether in uniform or not. 
 
 3. An enlisted man armed with the sabre 
 and out of ranks, salutes all officers with 
 the sabre, if drawn, otherwise he salutes 
 with the hand. If on foot, and armed 
 with a rifle, he makes the rifle salute. 
 Except in the field, in campaign or under 
 simulated campaign conditions. a 
 mounted soldier dismounts before ad- 
 dressing an officer not mounted. 
 
 4. A noncommissioned officer or private in 
 command of a detachment without 
 arms, salutes all officers with the hand, 
 but if the detachment be on foot and 
 armed with the rifle, he makes the rifle 
 
 salute and, if armed with the sabre, he 
 salutes \yith it. 
 
 5. An enlisted man, if seated, rises on the 
 approach of an officer, faces towards 
 him and, if covered, salutes. If un- 
 covered, he stands at attention. If 
 standing, he faces the officer for the 
 same purpose. If the parties remain in 
 the same place or on the same ground, 
 such compliments need not be repeated. 
 
 6. Soldiers actually at work do not cease 
 work to salute an officer unless they are 
 addressed by him. 
 
 7. Before addressing an officer, an en- 
 listed man makes the prescribed salute 
 with the weapon with which he is armed, 
 or, if unarmed and covered, with the 
 hand. He also makes the same salute 
 after receiving a reply. If uncovered, 
 he stands at attention without salut- 
 ing. 
 
 8. Indoors, except under the conditions 
 stated below, an unarmed enlisted man 
 uncovers and stands at attention on the 
 approach of an officer. If armed he 
 salutes as heretofore stated. On all oc- 
 casions outdoors, and also in public 
 places, such as stores, theatres, railway 
 and steamboat stations and the like, the 
 salute to any person whatever by offi- 
 cers and enlisted men in uniform with 
 no arms in the hand, whether on or oflF 
 duty, shall be the hand salute, the right 
 hand being used, the headdress not 
 being removed. 
 
 9. When an officer enters the room where 
 there are soldiers, the word " Attention " 
 is given by someone who perceives him. 
 when all rise and remain standing at 
 attention until the officer leaves the 
 room. Soldiers at meals do not rise. 
 
 10. Soldiers at all times and in all situa- 
 tions pay the same compliments to offi- 
 cers of the Army, Navy, Marine Corps, 
 and Volunteers, and to officers of the 
 Organized Militia in uniform, as to offi- 
 cers of their own corps, regiment, or 
 arm of the service. 
 
 11. Officers will always acknowledge the 
 courtesies of enlisted men by returning 
 their salutes. When several officers in 
 company are saluted, all return the 
 salute. (382-391) 
 
 Q. What are the general rules regarding the 
 time of firing of salutes with cannon? 
 
24 
 
 Night Operations 
 
 A. 1. Salutes will not be fired between sunset 
 and sunrise, nor on Sunday, unless re- 
 quired by international courtesy. As a 
 general rule they will be fired between 
 8 A.M., and sunset. 
 2. The National Flag will always be dis- 
 played at the time of firing a salute. 
 (393) 
 
 Q. What is the National Salute? 
 
 A. Twenty-one guns. The National Salute is 
 fired at 12 o'clock noon, on Memorial 
 Day, May 30th, at all posts and stations 
 provided with artillery. (398) 
 
 Q. What is the Salute to the Union? 
 
 A. The Salute to the Union consists of one 
 gun for each State. It is commem- 
 orative of the Declaration of Inde- 
 pendence and is fired at 12 o'clock noon 
 on July 4th, at every post of the Army 
 provided with suitable artillery. (398) 
 
 Q. What salute is rendered to the President? 
 
 A. The President, both upon his arrival at, 
 and departure from, a military post, or 
 when in its vicinity, receives a salute of 
 21 guns. No other personal salute is 
 fired in his presence. (400) 
 
 Q. What rules govern the raising and lower- 
 ing of the flag at a military post? 
 
 A. The flag is hoisted at the sounding of the 
 first note of the reveille, or at the first 
 note of the march, if a march be played 
 before the reveille. 
 The flag will be lowered at the sounding 
 of the last note of retreat, and while the 
 flag is being lowered the band will play 
 " The Star Spangled Banner " or, if 
 there be no band present, the field music 
 will sound "to the color." When "to 
 the color " is being sounded by the field 
 music and the flag is being lowered, the 
 same respect will be observed as when 
 "The Star Spangled Banner" is being 
 played by the band. In either case, 
 officers and enlisted men out of ranks 
 will face towards the flag, stand at at- 
 tention, and render the prescribed salute 
 at the last note of the music. 
 Note. — The flag is hoisted at reveille and 
 
 lowered at retreat by a detachment of the 
 
 guard, consisting of a noncommissioned offi- 
 cer and two privates.. (437) 
 
 Q. What are the rules governing the muster 
 of troops? 
 
 A. 1. Troops will be mustered for pay on 
 
 the last day of each month unless other- 
 wise ordered by the War Department. 
 
 2. Each stated muster will, when prac- 
 ticable, be preceded by a minute and 
 careful inspection. 
 
 3. If the command consists of more than 
 one company, the inspection will be pre- 
 ceded by a review. 
 
 4. If the day for muster falls on Sun- 
 day, the review and inspection will be 
 omitted. (439) 
 
 Q. Describe the military ceremony at a mili- 
 tary post on Memorial Day? 
 
 A. 1. On Memorial Day, May 30th, at all 
 Army posts and stations, the national 
 flag will be displayed at half-staff from 
 reveille till midday. Immediately be- 
 fore noon the band, or field music, will 
 play some appropriate air, and the Na- 
 tional Salute of 21 guns will be fired at 
 12 o'clock noon at all posts provided 
 with artillery. 
 
 2. At the close of this memorial tribute, 
 at noon, the flag will be hoisted to the 
 top of the staff and remain there until 
 retreat. 
 
 3. When the flag has been hoisted to the 
 top of the staff', it will be saluted by 
 playing one or more appropriate patri- 
 otic airs. (400) 
 
 Q. Distinguish between property accounta- 
 bility and property responsibility? 
 A. 1. Property accountability. When an of- 
 ficer receives public property for which 
 he is required to render periodical re- 
 turns, he is said to be accountable for 
 the property. 
 2. Property responsibility. When an of- 
 ficer receives public property for which 
 he is not required to render a return, 
 he is said to be responsible for the 
 property. 
 Note. — Under the existing system, com- 
 pany commanders are only accountable for 
 the property which forms the Unit Equip- 
 ment of his company. This consists of cer- 
 tain articles of Ordnance and Signal prop- 
 erty. All of the other equipment of the com- 
 pany is issued by the Quartermaster or Ord- 
 nance Officer on memorandum receipt and the 
 company commander is only responsible — not 
 accountable — for it. With respect to this 
 class of property, the Quartermaster and 
 Ordnance Officer are accountable because 
 they are required to render periodical returns 
 
Niglit Operations 
 
 25 
 
 for the property to the chiefs of their re- 
 spective departments. A responsible officer 
 is not relieved from responsibility for public 
 property for which he has given memoran- 
 dum receipts until he has returned the prop- 
 erty to the accountable officer or has secured 
 memorandum receipts from his successor, or 
 until he has been otherwise relieved by the 
 operation of regulations or orders. (657- 
 Ed.) 
 
 Q. What rules govern the transfer of prop- 
 erty from one officer to another? 
 A. 1. If the officer in charge of the public 
 property of a command (not property 
 pertaining to a company or detachment) 
 is, by order, leave of absence, or an\' 
 other cause, separated from it, the com- 
 manding officer, or another officer desig- 
 nated by him, will receipt and account 
 for it. 
 2. A company or detachment commander 
 is responsible for all property pertain- 
 ing to his company or detachment, and 
 will not transfer his accountability 
 therefor to a successor during periods 
 of absence of less than a month unless 
 so ordered by competent authority. 
 When such absence exceeds a month, 
 the question of responsibility will be de- 
 termined by proper authority. (659) 
 Q. What is the status of an officer with re- 
 spect to the property responsibility, 
 ivhen he is in temporary command of 
 the company? 
 A. The officer in temporary command of a 
 company is responsible for the property 
 pertaining thereto whether he receipts 
 for it or not. (662) 
 Q. May property responsibility be transferred 
 
 to enlisted men? 
 A. The property responsibility of a company 
 commander cannot be transferred to an 
 enlisted man. It is his duty to attend 
 personally to its security. (663) 
 Q. Describe the procedure in the transfer of 
 public property from one officer to 
 another? 
 A. Accountability. The return for the prop- 
 erty is made out and the receiving of- 
 ficer enters thereon a statement that all 
 the property accounted for as on hand 
 and transferred to successor has been 
 received by him. The transferring of- 
 ficer will similarly enter on the return 
 a statement that all the propert)' has 
 
 been transferred to his successor and 
 actually turned over to him. 
 Responsibility : The officer transferring 
 the property procures a memorandum 
 receipt from his successor for the prop- 
 erty. He takes this to the officer ac- 
 countable for the property, turns it over 
 to him and receives his old receipts, 
 which transaction ends his responsi- 
 bility. (665) 
 
 Q. What action is taken by an officer on the 
 receipt of public property which has 
 been invoiced to him or for which he has 
 given memorandum receipts? 
 
 A. 1. He will make a careful examination of 
 the property to ascertain its quantity 
 and condition, but will not break origi- 
 nal packages until issues are to be made, 
 unless he has reason to believe the con- 
 tents defective. 
 
 2. Should he find defects or shortage he 
 will apply for a survey to fix the re- 
 sponsibility. 
 
 3. Should he consider the property unfit 
 for use he will submit inventories in 
 duplicate and request the action of an 
 inspector. (668) 
 
 Q. How will public property be branded be- 
 fore it is used? 
 
 A. It will be branded " U. S." (676) 
 
 Q. With reference to its disposition, into what 
 classes is unserviceable property 
 divided? 
 
 A. 1. Property worn out by fair wear and 
 tear in the service which has no salable 
 value. 
 
 2. Property worn out by fair wear and 
 tear in the service which presumably 
 has some salable value. 
 
 3. Property which has been rendered un- 
 serviceable from causes other than fair 
 wear and tear in the service. 
 
 Property of the first class may be submitted 
 to a surveying officer and destroyed, or it 
 may be submitted to an inspector without 
 the prior action of a surveying officer. 
 
 Property of the second class will be sub- 
 mitted to an inspector without the prior ac- 
 tion of a surveying officer. 
 
 Property of the third class will be sub- 
 mitted for the action of a surveying officer 
 and, unless destroyed, will subsequently be 
 submitted to an inspector. 
 
 Note. — In the case of unserviceable prop- 
 erty worn out by fair wear and tear in the 
 
26 
 
 Night Operations 
 
 service and which has no salable value, sur- 
 vey reports will be made out and disposed of 
 as indicated heretofore. If the surveying of- 
 ficer finds the conditions as stated he will find 
 that " the property is not fit for further use 
 in the military service; that its condition is 
 due to fair wear and tear in the service, and 
 that it has no salable value." He will recom- 
 mend " that the property be destroyed." 
 When the commanding officer approves such 
 finding and recommendation he will call for 
 the property to be submitted to him for ex- 
 amination and after examining same will 
 order it destroyed and detail an officer to wit- 
 ness the destruction. The property, with the 
 survey report, is then turned over to the of- 
 ficer who witnesses the destruction of same 
 and certifies at the bottom of page 3 of the 
 report to such destruction. Two copies of 
 the report are then forwarded to the ac- 
 countable officer to be used as vouchers to his 
 returns and the third copy forwarded to head- 
 quarters of the territorial department for ad- 
 ministrative examination and file. (678-Ed.) 
 Q. How is the cause of damage to, and the 
 loss and destruction of, military prop- 
 erty classified? 
 A. 1. Unavoidable causes, being those over 
 which the responsible officers have no 
 control, occurring (a) in the ordinary 
 course of service, or (b) as an incident 
 to an active campaign. 
 2. Avoidable causes, those due to careless- 
 ness, wilfulness or neglect. (682) 
 Q. To what extent are oificers who hold pub- 
 lic property in their custody held re- 
 sponsible? 
 A. Officers responsible for public property 
 will be charged for any damage to, or 
 destruction of, the same, and money 
 value will be deducted from their 
 monthly pay unless they show to the 
 satisfaction of the Secretary of War, by 
 their own affidavits, or by their certifi- 
 cates supported by affidavits of others, 
 that the damage, loss or destruction was 
 occasioned by unavoidable causes and 
 without fault or neglect on their part. 
 (683) 
 Q. How is property expended in the military 
 
 service accounted for? 
 A. Public property expended in the military 
 service will be accounted for by the 
 certificate of the accountable officer. 
 These certificates will accompany the 
 
 return covering the period in which the 
 expenditure occurred. (683) 
 
 Q. What action is taken with respect to clear- 
 ing property returns of property lost or 
 damaged by a soldier 7vho has been tried 
 and convicted of the offense? 
 
 A. When an enlisted man has, by a court- 
 martial, been convicted of losing or 
 damaging public property, the officer ac- 
 countable for the property will send with 
 his property return a certified copy of 
 so much of the court-martial order as 
 refers to the case, giving number, date 
 and place of issue of the order, and 
 stating on the face of said copy the rolls 
 on which the charges were made. (685) 
 
 Q. What happens when an ofhcer fails to 
 render returns for property for which 
 he is accountable? 
 
 A, Should an officer charged with public 
 property fail to render the returns pre- 
 scribed therefor within a reasonable 
 time, a settlement of his accounts will 
 be made by the proper bureau of the 
 War Department, and the money value 
 of the property with which he is charged 
 will be reported against him for stop- 
 page. (700) 
 
 Q. What administrative action is taken with 
 respect to returns for property when 
 they are received in the office of the 
 Chief of the bureau to which they per- 
 tain ? 
 
 A. 1. As soon as practicable after the receipt 
 of a return it will be examined and the 
 officer making the return will be noti- 
 fied of all errors and irregularities found 
 therein and granted three months to cor- 
 rect them. 
 
 2. Suspensions or disallowances will not 
 be made on account of slight informali- 
 ties which do not affect the validity of a 
 voucher, but the officer's attention may 
 be called to them. 
 
 3. Whenever the errors have been cor- 
 rected or compensation has been made 
 for the deficiencies, and the action 
 of the bureau chief is sustained or modi- 
 fied by the Secretary of War, the return 
 will be regarded as settled, and the of- 
 ficer who rendered it will be notified 
 accordingly. (702) 
 
 Q. What action is taken with respect to pub- 
 lic property which lias been damaged 
 
Night Operations 
 
 27 
 
 by causes other than fair wear and tear 
 or is unsuited for the service? 
 
 A. Before being submitted to an inspector 
 for condemnation it will be surveyed by 
 a disinterested oflicer. (710) 
 
 Q. What action should be included in the in- 
 vestigation of a surveying officer? 
 
 A. 1. The surveying officer must fully in- 
 vestigate matters submitted to him. 
 
 2. He will call for all evidence obtainable 
 and will not limit his inquiries to proofs 
 or statements presented by parties at 
 interest. 
 
 3. He will rigidly scrutinize the evidence, 
 especially in cases of alleged theft or 
 embezzlement, and will not recommend 
 the relief of officers or soldiers from 
 responsibility unless fully satisfied that 
 those charged with the care of property 
 have performed their whole duty in re- 
 gard to it. 
 
 4. He should hear, in person or by deposi- 
 tion, all persons concerned in the sub- 
 ject matter before him. (711 and 712) 
 
 Q. Within what period of time must an of- 
 ficer call for a survey on property which 
 he finds unserviceable? 
 
 A. Within thirty days, unless exceptional cir- 
 cumstances prevent such action. (713) 
 
 Q. What is the scope of the duties that a 
 survey officer may be called upon to per- 
 form? 
 
 A. 1. He will ascertain and report facts, sub- 
 mitting opinions and making recom- 
 mendations upon questions of responsi- 
 bility w-hich may arise through acci- 
 dent, mistake or neglect. 
 
 2. He investigates and determines ques- 
 tions involving the character, amount 
 and cause of damage or deficiency which 
 public property may have sustained in 
 transit, store or use, and which is not 
 the result of ordinary wear and tear in 
 the service, and reports the investiga- 
 tion made, his opinions thereon, and 
 fixes the responsibility for such damage 
 or deficiency on the proper party. 
 
 3. He makes inventories of property 
 ordered abandoned when the articles 
 have not been enumerated in the order 
 for abandonment. 
 
 4. He recommends the prices at which 
 damaged clothing may be issued and the 
 proportion in which supplies shall be 
 issued in consequence of damage or de- 
 
 terioration that renders them, at the 
 usual rate, unequal to the regulation al- 
 lowance, fixing in each instance the re- 
 sponsibility for actual condition. 
 5. He verifies the discrepancy between in- 
 voices and actual quantity or descrip- 
 tion of property transferred from one 
 officer to another, fixes definitely 
 amounts for which the receiving offi- 
 cer must receipt, and ascertains, as far 
 as possible, when and how the discrep- 
 ancy has occurred. (715) 
 
 Q. What classes of property may be de- 
 stroyed on the approved finding and 
 recommendation of a surveying officer? 
 
 A. 1. Clothing infected with contagious dis- 
 ease. 
 
 2. Stores that have become so deteriorated 
 as to endanger health or injure other 
 stores. 
 
 3. Unserviceable property of no salable 
 value. (The decision of the command- 
 ing officer will be final as to whether 
 such property has salable value.) 
 
 Note. — When the application of this regu- 
 lation to ordnance stores brings the total for 
 a quarter for any organization, in excess of 
 the amounts hereafter given, the approval of 
 the next higher administrative commander, 
 shall first be obtained. 
 
 Cavalry troops, and engineer and 
 
 signal companies, $300.00. 
 Batteries of field artillery, $500.00. 
 Companies of infantry and coast ar- 
 tillery and all other cases $150.00. 
 (717) 
 Q. To what extent are approved survey re- 
 ports considered as vouchers to prop- 
 erty returns? 
 A. They are not to be considered as conclu- 
 sive until accepted by the Secretary of 
 War. Until then, they are regarded 
 simply as the opinions and recommenda- 
 tions of disinterested officers, to aid in 
 the settlement of questions of accounta- 
 bility between the Government and the 
 individuals concerned. If, on examina- 
 tion in the proper bureau, they exhibit 
 serious errors, or defects, either of in- 
 vestigation or of finding, they will not 
 be accepted as sufficient vouchers, and 
 the officer submitting them will be duly 
 notified, so that he may have oppor- 
 tunity to make explanation or appeal to 
 the Secretary of War. (722) 
 
28 
 
 Night Operations 
 
 Q. What administrative action is taken when 
 a surveying ofRcer recommends stop- 
 page against an enlisted man? 
 
 A. The appointing autliority will cause a 
 copy of the report of the survey to be 
 furnished to the company commander, 
 who will charge the amount on the next 
 pay-roll of the company. (724) 
 
 Q. When an inspection of property follows a 
 survey of it, what disposition is vtade of 
 the survey report? 
 
 A. One copy of the proceedings will accom- 
 pany the Inventory and Inspection Re- 
 port which is transmitted for approval, 
 and will afterwards be returned to be 
 used as a voucher to the officer's re- 
 
 turns, and another, with the Inventory 
 and Inspection Report, will be filed by 
 the officer with his retained papers. 
 (725) 
 
 Q. What are the general rules regarding of- 
 ficial correspondence in the Ar)Hy? 
 
 A. 1. An official letter should refer to one 
 subject only. 
 
 2. Letters of transmittal will be used only 
 when necessary, and when used must 
 refer only to the matter transmitted. 
 None are required with rolls, returns, 
 estimates, requisitions or periodical re- 
 ports. 
 
 3. The following is the form of official 
 correspondence in use in the service. 
 
 427 — Broadway, 
 New York City, N. Y., October 20, 1916. 
 From : John Doe. 
 
 To : The Commanding General, Eastern Department, Governor's Island, N. Y. 
 Subject: Examination for Officers' Reserve Corps. 
 
 1. Information is requested as to the date on which, and the place at which, the under- 
 signed may appear for examination for appointment as Second Lieutenant of Infantry in the 
 Officers' Reserve Corps. 
 
 John Doe. 
 1st Ind. 
 
 Hq. Eastern Department, Governor's Island, N. Y., October 22, 1916. — To Mr. John Doe, 427 
 Broadway, New York City, N. Y. 
 
 1. You are authorized to appear before the examining board at Governor's Island, New 
 York, at 10.00 o'clock a.m., November 17, 1916. 
 
 2. There is inclosed herewith a letter authorizing you to take the examination for ap- 
 pointment to the grade of Second Lieutenant of Infantry in the Officers' Reserve Corps. 
 
 By command of 
 
 1 Incl. 
 
 4. The post office address of an officer's 
 station will be given in official letters. 
 Indefinite expressions of locality, which 
 do not indicate where the letter was 
 written, will not be used. 
 
 5. Official communications will be signed 
 or authenticated with a pen and not by 
 facsimiles, and if written by order, it 
 will be stated by whose order. 
 
 6. Signatures will be plainly and legibly 
 written. 
 
 7. An officer will not be addressed or 
 designated in official communications by 
 any other title than that of his actual 
 rank. 
 
 8. Communications from a subordinate to 
 a superior and vice versa will pass 
 through intermediate commanders. 
 (775-79a-Ed.) 
 
 Q. When are muster rolls prepared? 
 
 A. At each bimonthly muster, on the last day 
 
 Adjutant. 
 
 of the months of February, April, June, 
 August, October and December. (807) 
 
 Q. What disposition is made of muster rolls? 
 
 A. One copy is forwarded by the mustering 
 officer to the Adjutant General of the 
 Army and the other copy is kept on 
 file with the organization to which it 
 pertains. (807) 
 
 Q. Into what parts is the soldier's clothing 
 allowance divided? 
 The initial allowance which is intended 
 to cover the cost of all clothing re- 
 quired between the date of enlistment 
 and the date upon v;hich the recruit is 
 taken up for full duty with his company. 
 The initial allowance is not considered 
 fully earned by the soldier until he has 
 completed six months' service. 
 The yearly allowance which is divided for 
 the purpose of settlement into semi-an- 
 nual, monthly and daily allowances. — Ed. 
 
 A 
 
Night Operations 
 
 29 
 
 Q. How often is the soldier's clothing allow- 
 ance settled? 
 
 A. On June 30th and December 31st of each 
 year. When the clothing account of the 
 soldier is opened in the organization to 
 which he has been regularly assigned, 
 he is credited with the initial allow- 
 ance. At the first settlement he is 
 credited with the portion of the 
 yearly allowance accruing between the 
 date of enlistment and the date of set- 
 tlement as determined by the monthly 
 and daily rates. At each succeeding 
 settlement he is credited with the 
 half yearly allowance, and at the ex- 
 piration of his term of service he 
 is credited with the amount due from 
 the last settlement as determined by the 
 monthly and dailj'- rates. The clothing 
 allowance of the soldier is based upon 
 the estimated cost of the clothing neces- 
 sary to equip him properly. The amount 
 changes from time to time and is pub- 
 lished in orders from the War Depart- 
 ment. (1161) 
 
 Q. What action is taken when the soldier is 
 separated from the service before the 
 completion of six months' service and 
 before he has fully earned his initial 
 clothing allowance? 
 
 A. His clothing allowance is computed as fol- 
 lows : 
 
 1. Any clothing allowance that has been 
 previously credited will be disregarded. 
 
 2. Tlie initial allowance will be credited 
 at the daily rate from date of enlist- 
 ment to date of separation from the ser- 
 vice. 
 
 3. The yearly allowance will be similarly 
 credited. 
 
 4. The sum of the computed initial al- 
 lowance and yearly allowance will be 
 the total allowance to be credited to 
 the soldier. (1162) 
 
 Q. What action is taken when a soldier has 
 a balance due him on his clothing al- 
 lowance at any settlement date? 
 
 A. He is credited with the amount on his 
 clothing account. (Ed.) 
 
 Q. What action is taken 7vhen a soldier has 
 overdrawn his clothing allowance on 
 any settlement date? 
 
 A. The money value of the clothing over- 
 drawn is charged against him and col- 
 lected on the pay rolls. (Ed.) 
 
 Q. Describe the method by which the soldier 
 
 procures clothing from the government 
 and the administrative action taken to 
 account for same? 
 
 A. The soldier makes out a list of the cloth- 
 ing that he desires to draw. 
 The company commander enters the 
 articles on an individual clothing slip, 
 showing the name and rank of the sol- 
 dier and signs the same as a request to 
 'he quartermaster to issue the clothing. 
 The soldier presents this slip, in dupli- 
 cate to the quartermaster, receives the 
 articles enumerated thereon and signs 
 as having received them at the bottom 
 of the slip. The original of the slip is 
 retained by the quartermaster and the 
 ('uplicate is returned to the company 
 ommander who makes a calculation of 
 the money value of the clothing drawn, 
 enters the transaction on his abstract 
 of clothing drawn and on his statement 
 of clothing charged to enlisted men, 
 and charges the amount of the issue 
 against the soldier's clothing account 
 on his Descriptive List. At the end of 
 I'e month or whenever an organization 
 leaves the vicinity of the issuing quar- 
 termaster for an extended period, the 
 organization commander will compare 
 his abstract of clothing drawn with the 
 quartermaster's abstract of clothing 
 issued. After satisfactory settlement 
 of all differences, should there be any, 
 an additional copy of the abstract will 
 be prepared by the companj^ commander 
 . nd delivered to the quartermaster. The 
 company commander will file his re- 
 tained copy with the duplicate clothing 
 slips as vouchers and his statement of 
 Hothing charged to enlisted men. 
 0157) 
 
 Q. Is a soldier while absent rvithout leave en- 
 titled to clothing allowance? 
 
 A. He is not. 
 
 Q. What is a ration? 
 
 A. A ration is the allowance for the sub- 
 sistence of one person for one day. 
 (1202) 
 
 Q. What are the several rations used in the 
 United States Army? 
 
 A. The garrison ration, intended for troops 
 in garrison and, in time of peace, for 
 troops in maneuver camps. 
 The travel ration, intended for troops 
 traveling otherwise than by marching, 
 and separated from cooking facilities. 
 
30 
 
 Ni^ht Operations 
 
 The reserve ration, carried by troops on 
 the person of the men and in the trains, 
 and constituting the reserve for field 
 service. 
 
 The field ration, is the ration prescribed 
 in orders by the commander of the field 
 forces. 
 
 The Filipino ration, for the use of the 
 Philippine Scouts. 
 
 The emergency ration, intended for troops 
 in active campaign for use on occasions 
 of emergency. (1205) 
 Q. What are the several components of the 
 
 Army ration? 
 A. The meat component (20 ounces), con- 
 sisting of fresh beef or mutton or 
 bacon, or canned meat, or corned beef 
 hash, or fish, dried, pickled, or canned. 
 Turkey is provided in addition for 
 Thanksgiving Day and Christmas. 
 Fresh beef is the basis of the com- 
 ponent, all others are substitutive. 
 
 The flour component (eighteen ounces), 
 substitutes : soft bread, hard bread, and 
 corn meal. 
 
 The baking powder component, 0.08 
 ounces. 
 
 The vegetable comportvint. Beans, 2.4 
 ounces, substitutes: rice or hominy, 1.6 
 ounces each. Potatoes, 20 ounces, sub- 
 stitutes : canned potatoes, onions, to- 
 matoes and any other fresh vegetables 
 that may be procured in the market. 
 
 The fruit component. Prunes, 1.28 ounces, 
 substitutes : dried apples, or peaches or 
 jam. 
 
 The coffee component, 1.12 ounces, sub- 
 stitute : tea. 
 
 Sugar and milk component. 
 
 The condiments. Vinegar, salt, pepper, 
 cinnamon. 
 
 The lard, butter, sirup and flavoring ex- 
 tract, components. (1205) 
 Q. In adjusting accounts how are the sev- 
 eral rations valued? 
 A. Garrison ration, 30 cents : Filipino ration, 
 20 cents, and travel ration, 40 cents. 
 (1207) 
 Q. Describe the method of procuring the 
 
 rations for a company? 
 A. The company commander submits a ration 
 return for the number of men that he 
 has to ration for the period prescribed 
 by the commanding officer. This may be 
 ten days, or any other number of days. 
 In garrison it is usually for the month, 
 in the field for ten days, and in some 
 
 cases five days. After receiving the ap- 
 proval of the commanding ofiicer the 
 return is taken to the quartermaster 
 who calculates the total money value of 
 the rations called for and credits the 
 company with the amount. The com- 
 pany commander draws against this 
 amount to its full value if he so desires. 
 Any saving that he may make is paid 
 to him in cash at the end of the ration 
 period and any overdraft that he may 
 make has to be paid out of the company 
 or other funds. 
 Q. IVhat are the regulations regarding sol- 
 diers' deposits? 
 A. An enlisted man, not on the retired list, 
 may deposit his savings with any quar- 
 termaster in sums of not less than 
 $5.00, the same to remain so deposited 
 until final payment on discharge or iintil 
 furloughed to the reserve. 
 
 The quartermaster furnishes each de- 
 positor a book showing the name of the 
 depositor. The date, place and amount, 
 in words and figures of each deposit 
 made, will be entered in the form of a 
 certificate and signed by the company 
 commander and quartermaster. 
 
 The transfer, pledge, or sale of the de- 
 posit book is prohibited. 
 
 The company commander keeps a record 
 of each deposit made by the soldier on 
 his Descriptive list and after each pay- 
 ment he forwards, direct to the Quar- 
 termaster General a list of the names 
 of the depositors showing in each case 
 the date, place and amount of the de- 
 posit and the name of the Quartermaster 
 who received it. 
 
 A list of the soldier's deposits will be made 
 on his final statements when he is dis- 
 charged or furloughed to the reserve 
 and they will be paid to him together 
 with interest at the rate of four per 
 cent for all sums that have remained 
 on deposit more than six months. 
 
 Deposits and the interest thereon are for- 
 feited by desertion, but forfeiture of 
 them cannot be imposed by sentence of 
 court-martial. 
 
 They are exempt from liability for debts 
 due to individuals ; from forfeiture by 
 the sentence of a court-martial; and 
 from, paj-ment of the soldier's private 
 debts. They are not exempt from lia- 
 bilitv for debts due the United States. 
 (Ed.) 
 
Military Law 
 
 Q. What are the four classes of Military 
 Jurisdiction? 
 
 A. 1. Military Government (the law of hos- 
 tile occupation). 
 
 2. Martial Law at home (a domestic fact). 
 
 3. Martial Law applied to the Army. 
 
 4. Military Law. 
 
 Q. What is Military Government, or the law 
 of hostile occupation? 
 
 A. Military power exercised by a belligerent 
 by virtue of his occupation of an 
 enemy's territory. This belongs to the 
 Law of War and, therefore, to the 
 Law of Nations. When a conquered 
 territory is ceded to the conqueror, 
 military government continues until 
 civil government is established by the 
 new sovereign. 
 
 Q. What is Martial Law at home? 
 
 A. Military power exercised in time of war, 
 insurrection or rebellion, in parts of 
 the country retaining their allegiance, 
 and over persons and things not ordi- 
 narily subjected to it. 
 
 Q. What is the Martial Law Applied to the 
 Army? 
 
 A. The military power extending in time of 
 war, insurrection or rebellion, over per- 
 sons in the military service, as to obli- 
 gations arising out of such emergency 
 and not falling within the domain of 
 military law, or otherwise regulated by 
 law. 
 
 Q. What is Military Law? 
 
 A. The legal system that regulates the gov- 
 ernment of the military establishment. 
 It is a branch of the municipal law, 
 and in the United States derives its ex- 
 istence from special constitutional 
 grants of power. 
 
 Q. What is the source of military jurisdic- 
 tion in the United States? 
 
 A. The Constitution. 
 
 Q. From what sources is Military Laiv de- 
 rived? 
 
 A. It is derived from both written and un- 
 written sources. 
 
 Q. What are the written sources of Military 
 Law? 
 
 A. The Articles of War, enacted by Con- 
 gress, August 29, 1916. 
 
 2. Statutory enactments relating to the 
 military service. 
 
 3. The Army Regulations. 
 
 4. The General and Special Orders, and 
 decisions promulgated by the War De- 
 partment and by department, post and 
 other commanders. 
 
 Q. What is the source of the unwritten mili- 
 tary law? 
 
 A. The custom of war, consisting of the 
 customs of the service both in peace and 
 war. 
 
 Q. What are the three kinds of Military 
 Tribunals? 
 
 A. I. Military Commissions and Provost 
 Courts, for the trial of offenders 
 against the laws of war and under 
 Martial Law. 
 
 2. Courts-Martial— General, Special and 
 Summary — for the trial of offenders 
 against military law. 
 
 3. Courts of Inquiry, for the examina- 
 tion of transactions of, or accusations 
 or imputations against, officers and 
 soldiers. 
 
 Q. What persons are subject to Military Law? 
 
 A. I. All officers and soldiers belonging to 
 the regular army of the Uited States ; 
 all volunteers, from the dates of their 
 muster or acceptance into the military 
 service of the United States ; and all 
 other persons lawfully called, drafted, 
 or ordered into, or to duty, or for 
 training in the said service, from the 
 dates they are required by the terms 
 
 31 
 
32 
 
 Night Operations 
 
 of the call, draft, or order to obey the 
 same. 
 
 2. Cadets. 
 
 3. Officers and soldiers of the Marine 
 Corps, when detached for service with 
 the armies of the United States, by 
 order of the President. 
 
 4. Officers and men of the Medical De- 
 partment of the Navy, serving with a 
 body of Marines detached for service 
 with the Army, in the same manner as 
 officers and men of the Marine Corps 
 Vi'ho may be so serving. 
 
 5. All retainers to the camp and all per- 
 sons accompanying or serving with the 
 armies of the United States., outside of 
 the territorial jurisdiction of the United 
 States ; and, in time of war, all such 
 retainers and persons accompanying or 
 serving with the armies of the United 
 States in the field, both within and 
 without the territorial jurisdiction of 
 the United States, though not other- 
 wise subject to the Articles of War. 
 
 6. All persons under sentence adjudged 
 by courts-martial. 
 
 7. Army field clerks. 
 
 8. Field Clerks, Quartermaster Corps. 
 
 Q. What are the several kinds of courts-mar- 
 tial in the United States service f 
 A. 1. Tlie General court-martial. 
 
 2. The Special court-martial. 
 
 3. The Summary court-martial. 
 
 Q. Who may be detailed as members of a 
 court-martial f 
 
 A. All officers in the military service of the 
 United States and officers of the Marine 
 Corps when detached for service with 
 the Army by order of the President. 
 
 Q. What are the exceptions? 
 
 A. 1. No officer may sit as a member of a 
 general or special court-martial when 
 he is the accuser or a witness for the 
 prosecution. 
 2. Chaplains, veterinarians, dental sur- 
 geons, and second lieutenants in the 
 Quartermaster Corps are not in prac- 
 tice detailed as members of courts- 
 martial. 
 
 Q. What is the composition of a general 
 court-martial? 
 
 A. It may consist of any number of officers 
 from 5 to 13, inclusive. 
 
 Q. What is the minimum number that may 
 continue to transact business? 
 
 A. Five. While a number less than five can- 
 not be organized as a general court- 
 martial or proceed with a trial, they 
 may perform such acts as are prelimi- 
 nary to the organization and action of 
 the court. 
 
 Q. What action is taken when the court is 
 reduced below Hve? 
 
 A. It will direct the judge advocate to re- 
 port the facts to the convening author- 
 ity, and await his orders. 
 
 Q. What is the composition of a special 
 court-martial? 
 
 A. It consists of any number of officers from 
 three to five, inclusive. When the mem- 
 bers are reduced below three, a report 
 of the fact will be made by the judge 
 advocate to the convening authority, 
 who will detail enough officers to en- 
 able the court to proceed. 
 
 Q. What is the composition of a summary 
 court-martial? 
 
 A. It consists of one officer. 
 
 Q. Under what conditions tnay retired of- 
 ficers of the Army be detailed as mem- 
 bers of courts-martial? 
 
 A. 1. When, in time of peace, they are as- 
 signed to active duty with their own 
 consent. 
 
 2. When, in time of war, they are em- 
 ployed on active duty in the discretion 
 of the President. 
 
 3. At other times they are not available 
 for court-martial duty. 
 
 Q. Under what conditions are members of 
 the Officers' Reserve Corps available 
 for court-martial duty? 
 
 A. When they are ordered to active service 
 by the Secretary of War. 
 
 O. Under what circumstance may officers of 
 the Regular Army and officers of the 
 Marine Corps serve on courts-martial 
 together? 
 
 A. When troops of the Marine Corps are 
 detached, by order of the President, 
 for service with the Army. 
 
 O. Is there any distinction between officers 
 of the regular service and other of- 
 ficers with reference to their eligibility 
 for duty as members of a court-mar- 
 tial? 
 
 A. No distinction now exists for the trial 
 of any person subject to military law 
 in the matter of eligibility for court- 
 martial duty among the various classes 
 
Night Operations 
 
 33 
 
 of officers in the military service of 
 the United States. 
 
 Q. May an officer be tried by officers junior 
 to him in rank? 
 
 A. In no case, when it can be avoided, shall 
 an officer be tried by officers junior to 
 him in rank. This provision is not 
 mandatory upon the convening author- 
 ity. Its effect is to leave to that of- 
 ficer — as the final authority to judge — 
 the determination of rank of the mem- 
 bers, vkfith only the general instruction 
 that seniors in rank to the accused shall 
 be selected, as far as the exigencies 
 and interests of the service will permit. 
 
 Q, What officers are empozuered to appoint 
 general courts-martial? 
 
 A. 1. The President of the United States. 
 
 2. The commanding officer of a terri- 
 torial division. 
 
 3. The commanding officer of a terri- 
 torial department. 
 
 4. The Superintendent of the Military 
 Academy. 
 
 5. The commanding officer of an army. 
 
 6. The commanding officer of an army 
 corps. 
 
 7. The commanding officer of a tactical 
 division. 
 
 8. The commanding officer of a separate 
 brigade. 
 
 9. The commanding officer of any dis- 
 trict or any force or body of troops, 
 when empowered by the President to 
 do so. 
 
 Q. When the person having the authority to 
 appoint a court-martial is the accuser, 
 what action is taken? 
 
 A. The court is appointed by a higher com- 
 petent authority. 
 
 Q. May officers be tried before courts-mar- 
 tial appointed by the Superintendent of 
 the Military Academy? 
 
 A. They may not. 
 
 Q. Under what authority may the Presi- 
 dent institute a general court-martial? 
 
 A. 1. As commander-in-chief of the Army. 
 
 2. When the accuser is the superior of- 
 ficer of the army, and the law requires 
 the next higher commander to appoint 
 the court. 
 
 3. In the particular cases provided in 1230 
 of the Revised Statutes. 
 
 Note. — When an officer, dismissed by order 
 of the President, makes a written applica- 
 
 tion for trial, setting forth under oath that 
 he has been wrongfully dismissed, the Presi- 
 dent shall, as soon as the necessities of the 
 service may permit, convene a court-martial 
 to try such officer on the charges on which 
 he shall have been dismissed. And, if a 
 court-martial is not so convened within six 
 months from the presentation of such appli- 
 cation for trial, or if such court, being con- 
 vened, does not award dismissal or death as 
 the punishment of such officer, the order of 
 dismissal by the President shall be void. 
 (R. S. 1230.) 
 
 Q. What authority has the appointing of- 
 ficer over a court-martial? 
 A. He may control its existence, dissolve it 
 and determine the cases to be referred 
 to it for trial, but he can not control 
 the court in the exercise of powers 
 vested in it by law. 
 Q. What authorities may appoint a special 
 
 court-martial? 
 A. 1. The commanding officer of a district. 
 
 2. The commanding officer of a garrison. 
 
 3. The commanding officer of a fort. 
 
 4. The commanding officer of a camp. 
 
 5. The commanding officer of any place 
 where troops are on duty. 
 
 6. The commanding officer of a brigade. 
 
 7. The commanding officer of a regiment. 
 
 8. The commanding officer of a detached 
 battalion. 
 
 9. The commanding officer of any de- 
 tached command. 
 
 Q. May a commanding officer appoint him- 
 self as a member of a special court- 
 martial? 
 
 A. He may not. 
 
 Q. What authorities may appoint a sum- 
 mary court? 
 
 A. Any commanding officer. 
 
 Q. When there is only one officer on duty 
 with a command what action is taken 
 linth reference to the appointment of 'a 
 summary court officer? 
 
 A. When but one officer is present with a 
 command, he is the summary court of- 
 ficer of that command and shall hear 
 and determine cases brought before 
 him. In such case no order appointing 
 the court will be issued, but the officer 
 will enter on the record that he is " the 
 only officer present with the command." 
 
 Q. Who has power to appoint the judge ad- 
 vocate of a court-martial? 
 
34 
 
 Night Operations 
 
 A. The officer empowered to appoint the 
 court. 
 
 Q. From what ultimate source does the court- 
 martial derive its existence? 
 
 A. From Congress. 
 
 Q. To what class of cases is the jurisdiction 
 of the court-martial limited. 
 
 A. Its jurisdiction is limited to crimirral 
 cases. 
 
 Q. Are the decisions of courts-martial sub- 
 ject to review? 
 
 A. They are not subject to review by any 
 courts whatsoever. The United States 
 Courts may, on writ of habeas corpus, 
 inquire into the legality of the deten- 
 tion of a person held by military 
 autliority. Such inquiry may be made 
 at any time, either before or during 
 trial, or while sentence is being served, 
 and the court will order such person 
 discharged if it appears to the satis- 
 faction of the court that any of 
 the statutory requirements conferring 
 jurisdiction have not been fulfilled. 
 
 Q. JVhat action is necessary to legalize the 
 action of a court-martial? 
 
 A. The approval, or confirmation, of the 
 proper commanding officer. With such 
 approval or confirmation, sentences of 
 courts-martial become operative, are as 
 effective as the sentences of civil courts 
 having criminal jurisdiction, and are 
 entitled to the same legal considera- 
 tion. 
 
 Q. What conditions must obtain as to the 
 legal jurisdiction of a court-martial 
 and the validity of its judgments? 
 
 A. It must be shown : 
 
 1. That it was convened by an officer em- 
 powered by statute to convene it. 
 
 2. That the persons who sat on the court 
 were legally competent to do so. 
 
 3. That the court thus constituted was in- 
 vested by the acts of Congress with the 
 power to try the person and the offense 
 charged. 
 
 4. That its sentence was in accordance 
 with the law. 
 
 O. What is the rule of procedure when 
 courts-martial and civil courts have 
 concurrent jurisdiction? 
 
 A. In accordance with the principle of 
 comity, as between the military and 
 civil tribunals, in cases of concurrent 
 jurisdiction the court which first at- 
 
 taches in a particular case is entitled 
 to proceed to its termination. 
 
 Q. What is the procedure when a court-mar- 
 tial has duly assumed jurisdiction over 
 an offence and over the person com- 
 mitting it, and is divested of that juris- 
 diction by a wrongful act of the ac- 
 cused? 
 
 A. A court-martial having once assumed 
 jurisdiction of a case, can not be di- 
 vested, by any wrongful act of the ac- 
 cused, of its authority or be discharged 
 from its duty to proceed to fully try 
 and determine according to law and its 
 oath. Thus, the fact that the accused, 
 after arraignment and during the trial, 
 has escaped from military custody fur- 
 nishes no ground for not proceeding 
 to a finding and, in the event of con- 
 viction^ to a sentence in the case : the 
 court may and should find and sentence 
 as in any other case. 
 
 Q. What are the exceptions to the rule that 
 military jurisdiction terminates when a 
 person is legally separated from the 
 service? 
 
 A. 1. Persons guilty of fraud against the 
 United States. 
 
 2. Under Section 1230 Revised Statutes 
 (see ante.). 
 
 3. Persons serving sentence of a court- 
 martial. 
 
 4. Where a discharge is secured by fraud, 
 
 5. Desertion in previous enlistment. 
 Note. — For an offence committed prior to 
 
 the expiration of his term of enlistment, a 
 soldier may be held in the service and tried 
 after the expiration of his term. So, also, a 
 soldier may be tried for offences committed 
 while making up time lost by desertion ; 
 through absence without leave ; through dis- 
 ease or injur}-, the result of his own mis- 
 conduct. 
 
 Q. Over what persons and offences do gen- 
 eral courts-martial have jurisdiction? 
 A. 1. Any person subject to military law; 
 for any crime or oft'ence made punish- 
 able by the Articles of War. 
 2. Any person other than {\) above, who 
 by the law of war is subject to trial by 
 military tribunals ; for any crime or 
 oft'ence in violation of the law of war. 
 O. What limits are placed on the punishing 
 power of a general court-martial? 
 
Night Operations 
 
 35 
 
 A. Punishment is discretionary with a gen- 
 eral court-martial except : 
 
 (a) When mandatory under the law. 
 
 (b) When limited by order of the 
 
 President, under the 45th Arti- 
 cle of War. 
 
 (c) That the death penalty can be 
 
 imposed, only when specifically 
 
 authorized. 
 Q. Name some of the mandatory sentences? 
 A. 1. The death sentence is mandatory in 
 the case of spies. 
 
 2. Dismissal is mandatory for conduct un- 
 becoming an officer and a gentleman. 
 
 3. Either death or imprisonment is man- 
 datory for murder or rape. 
 
 Q. Over what persons and offences do spe- 
 cial courts-martial have jurisdiction? 
 A. 1. Any person subject to military law, ex- 
 cept: 
 
 (a) An officer. 
 
 (6) Any person subject to military 
 law and belonging to a class 
 or classes excepted by the 
 President. 
 2. Any crime or offence — not capital — 
 made punishable by the Articles of 
 War. 
 Note. — Under (b), cadets and soldiers 
 holding certificates of eligibility for promo- 
 tion are excepted from the jurisdiction of 
 special courts-martial. 
 Q. What are the capital crimes under the 
 
 Articles of War? 
 A. 1. Peace offences: 
 
 (a) Assaulting or disobeying a su- 
 
 perior officer. 
 
 (b) Mutiny or sedition. 
 
 (c) Failure to suppress mutiny or 
 
 sedition. 
 2. War offences : 
 (o) Desertion. 
 
 (b) Advising or aiding another to 
 
 desert. 
 
 (c) Misbehavior before the enemy. 
 
 (d) Subordinates compelling a com- 
 
 mander to surrender. 
 
 (e) Improper use of countersign. 
 (/) Forcing a safeguard. 
 
 (g) Relieving, corresponding with, 
 
 or aiding the enemy. 
 (/») Spies. 
 
 (0 Misbehavior of sentinel. 
 Q. What is the limit of the punishing power 
 of a special court-martial? 
 
 A. 1. Confinement for six months. 
 2. Forfeiture of pay for six months. 
 Note. — They can not adjudge dishonorable 
 discharge. Reduction of noncommissioned 
 officers to the ranks and reduction of pri- 
 vates in grade may be adjudged in addition 
 to the above. 
 
 Q. Over what persons and offences do sum- 
 mary courts-martial have jurisdiction? 
 A. 1. Any person subject to military law, 
 except : 
 
 (c) An officer. 
 (6) A cadet. 
 
 (c) A soldier holding a certificate of 
 
 eligibility for promotion. 
 
 (d) A noncommissioned officer who 
 
 objects to trial. (Except when 
 ordered by an officer compe- 
 tent to bring him to trial be- 
 fore a general court-martial.) 
 {e) Any person belonging to a class 
 or classes of persons excepted 
 by the President from the 
 jurisdiction of the summary 
 court-martial. 
 2. For any crime or offence — not capi- 
 tal — made punishable by the Articles of 
 War. 
 Q. What are the limits of punishment of a 
 
 summary court-martial? 
 A. 1. Confinement for three months. 
 2. Forfeiture of three months' pay. 
 Note. — Reduction to the ranks in the case 
 of noncommissioned officers, etc. See note, 
 second question above. 
 Q. What restrictive action is taken against an 
 
 officer charged with an offence? 
 A. An officer charged with crime or a seri- 
 ous offence against the Articles of War 
 shall be placed in arrest by the com- 
 manding officer, and, in exceptional 
 cases, an officer so charged may, by the 
 same authority, be placed in confine- 
 ment. 
 Q. What restrictive action is taken against a 
 
 soldier charged with an offence? 
 A. 1. .\ soldier charged with crime or a 
 serious offence against the Articles of 
 War shall be placed in confinement ; 
 when charged with a minor offence, he 
 may be placed in arrest. 
 Note. — In practice, the general rule ob- 
 served is : if a soldier is to be tried by a gen- 
 eral court-martial, he will be placed in con- 
 
36 
 
 Night Operations 
 
 finement; if he is to be tried by an inferior 
 
 court, he is placed in arrest. 
 
 Q. Does the fact that a person charged with 
 
 an offence has not been placed in arrest 
 
 or confinement affect the jurisdiction 
 
 of the court? 
 A. It does not. 
 Q. In -ouhom is vested the power of p^lacing Q. 
 
 officers in arrest? 
 A. Only commanding officers, except as A, 
 
 provided for in the 68th Article of 
 
 War: 
 
 Q. 
 
 A. 
 
 All officers and noncommissioned 
 officers have power to part and quell 
 all quarrels, frays and disorders among 
 persons subject to military law and to 
 order officers who take part in the same 
 into arrest, and other persons subject 
 to military law who take part in the 
 same into arrest or confinement, as cir- 
 cumstances maj' require, until their 
 proper superior officer is acquainted 
 therewith . . . 
 
 Q. How is the arrest of an officer effected? Q, 
 
 A. He may be placed in arrest by his com- A. 
 manding officer in person or through 
 another officer ; by a verbal or written 
 order or communication, advising him 
 that he is placed in arrest, will con- 
 sider himself in arrest, or words to that 
 efifect. Q. 
 
 Q. What is the official and social status of A. 
 an officer in arrest? 
 
 A. 1. He cannot exercise command of any Q. 
 kind. 
 
 2. He will not wear his sword. A. 
 
 3. He will not visit officially his com- 
 manding officer or other superior of- 
 ficer unless directed to do so. 
 
 4. His applications and requests of every 
 nature will be made in writing. 
 
 Q. What is the rule in regard to placing O. 
 medical officers in arrest? A. 
 
 A. In ordinary cases, where inconvenience 
 to the service would result, a medical 
 officer will not be placed in arrest un- 
 til the court-martial convenes for his 
 trial. 
 
 O. What action is necessary in placing a O. 
 soldier in confinement? 
 
 A. Except as provided in the A. W. 68 A. 
 (ante), or when restraint is neces- 
 sary, no soldier will be confined with- 
 out the order of an officer, who shall 
 previously inquire into his offence. It 
 
 proper, however, for a company com- 
 mander to delegate to the noncommis- 
 sioned officers of his company the 
 power to place enlisted men in arrest 
 when restraint is necessary, but such 
 action must be reported at once to the 
 company commander. 
 
 What is the status of noncommissioned 
 officers in arrest? 
 
 They will not be called upon to per- 
 form any duty in which they may be 
 called upon to exercise authority or 
 control over others. When placed in 
 confinement, they will not be sent out 
 to work. 
 
 IVho may arrest deserters from the mili- 
 tary service? 
 
 Any civil officer having authority under 
 the laws of the United States or of 
 any State, Territory, district or pos- 
 session of the United States. 
 Any citizen, under an order or by direc- 
 tion of a military officer. 
 
 What is a military charge? 
 
 A military charge corresponds to a civil 
 indictment. It consists of two parts — 
 the technical charge and the specifica- 
 tion. The former alleges the offence in 
 general terms, and the latter sets forth 
 the facts constituting the same. 
 
 What requirement must a charge fulHl? 
 
 It must be laid under the proper Arti- 
 cle of War or other statute. 
 
 What requirements must the specification 
 fulfil? 
 
 It must set forth in simple and con- 
 cise language facts sufficient to consti- 
 tute the particular oft'ence ; and in such 
 manner as to enable a person of com- 
 mon understanding to know what is 
 intended. 
 
 JVho may prefer charges? 
 
 Any officer. This includes officers of the 
 Army on the retired list and those of 
 the Officers' Reserve Corps in active 
 service. An officer is not disqualified 
 by reason of the fact that he himself 
 is under charges or in arrest. 
 
 What is the rule regarding the number- 
 ing of charges and specifications? 
 
 Where there are several specifications 
 under one Article of War the usual 
 manner is to place them all under one 
 charge, rather than to make several 
 charges with one specification under 
 
Night Operations 
 
 37 
 
 each. Where there are several speci- 
 fications under one charge they will 
 be consecutively numbered, and where 
 there are several charges, the same will 
 be consecutively numbered. 
 Q. To what statements should a charge be 
 
 limited? 
 A. To a designation of the Article of War 
 
 violated. 
 Q. What elements should a specificatioin con- 
 tain ? 
 A. 1. The name, rank, title, and organiza- 
 tion of the accused person, if he be- 
 longs to the Army of the United States, 
 should be stated. If the accused is a 
 civilian, he should be so described as 
 to establish the fact that he is subject 
 to trial by military tribunals. 
 2. The facts constituting the offence 
 charged will be set forth briefly but 
 clearly, together with the place and 
 time of commission. Care should be 
 taken that all the elements of the of- 
 fence as described in the Article of 
 War, or the other statute, are set forth. 
 The specification must be appropriate 
 to the charge. 
 Q. What is the routine procedure in pre- 
 paring and forwarding charges against 
 ati enlisted man? 
 'A. All charges, for trial by court-martial, 
 will be prepared in triplicate. Tlie pre- 
 scribed charge-sheet will be used as a 
 first sheet, ordinary paper being used 
 for such additional sheets as may be 
 necessary. 
 They will be accompanied : 
 
 (a) Except when the trial is to be 
 had by summary court, by a 
 brief statement of the testi- 
 mony expected from each ma- 
 terial witness, both for the 
 prosecution and for the de- 
 fence, together with all avail- 
 able and necessary informa- 
 tion as to any other actual or 
 probable testimony or evidence 
 in the case ; and 
 (t) In the case of a soldier, by 
 properly authenticated evidence 
 of convictions, if any, during 
 the preceding year of his cur- 
 rent enlistment. 
 
 The charges are forwarded 
 by the officer preferring them 
 
 to the officer exercising sum- 
 mary court-martial jurisdic- 
 tion over the command to 
 which tlie accused belongs who 
 will refer them to a court-mar- 
 tial in his jurisdiction for trial, 
 or forward them to the next 
 superior authority exercising 
 court-martial jurisdiction over 
 the command to which the ac- 
 cused belongs or pertains. 
 {c) When trial is to be had by sum- 
 mary court, the completed 
 charges become the record of 
 trial. A copy will be com- 
 pleted and sent to the company 
 or other commander. A second 
 copy will be completed and 
 forwarded to the officer exer- 
 cising general court-martial 
 jurisdiction over the command, 
 (d) When trial is had bj' special or 
 general court-martial, two 
 copies of the charges will be 
 referred to the trial judge-ad- 
 vocate, one copy to be fur- 
 nished by him to the accused. 
 The third copy will be used 
 for purposes of record in the 
 office of the officer appointing 
 the court. 
 Q. What investigation is made before charges 
 for trial by general court-martial are 
 forivarded? 
 A. The officer exercising summary court- 
 martial jurisdiction over the command 
 to which the accused pertains either 
 carefully investigates the case himself 
 or causes an officer other than the of- 
 ficer preferring the charges to investi- 
 gate them carefully and report to him 
 the result of such investigation. Tiie 
 officer investigating the charges will af- 
 ford to the accused an opportunity to 
 make any statement, oft'er any evidence, 
 or present any matter in extenuation 
 that he may desire to have considered 
 in connection with the accusation 
 against him. 
 Q. What elevients must be included in the 
 endorsement by which charges are for- 
 ivarded to superior authority? 
 A. 1. The name of the officer who investi- 
 gated the charges. 
 2. The opinion of such officer as to 
 
38 
 
 Night Operations 
 
 whether the several charges can be sus- 
 tained. 
 
 3. The substance of the statement, if any, 
 that the accused may voluntarily make 
 in connection with the case. 
 
 4. A summary of the extenuating circum- 
 stances, if any, connected with the 
 case. 
 
 5. His recommendation as to the action 
 to be taken. 
 
 Q. What period is allowed the accused to 
 
 prepare for his defence? 
 A. Five days. 
 Q. What is the procedure of a General 
 
 Court- Martial? 
 A. The following is the order of institution 
 
 and procedure of a General Court- 
 
 Martial : 
 
 1. The order instituting the court is 
 issued from the headquarters of the 
 officer competent to appoint a general 
 court-martial. The body of this order 
 designates the date, hour, and place 
 where the court is to meet ; details the 
 members of the court by rank, name, 
 and organization in the order of their 
 relative rank; details the judge advo- 
 cate of the court by his rank, name and 
 organization ; and authorizes the ap- 
 pointment of a stenographic reporter 
 and the necessary travel. 
 
 2. The members of the court assem- 
 ble at the place and hour designated in 
 the order for the first session of the 
 court. Thereafter, they meet in accord- 
 ance with the adjournment, which is 
 usually " to meet at the call of the presi- 
 dent." When the court is detailed to 
 try a number of cases this procedure is 
 usually modified by having the first 
 meeting on notice by the president, 
 through the judge advocate, that there 
 is business to be transacted. 
 
 The members of the court wear the 
 uniform prescribed by the president 
 (usually dress), and sabers. The judge 
 advocate, the accused and his counsel 
 wear the same uniform as the court, 
 without side arms. Military witnesses 
 wear the uniform of the court, with 
 side arms. When an enlisted man is 
 tried for desertion, he appears before 
 the court in the dress that he wore at 
 the time of his apprehension or sur- 
 render. 
 
 3. When the court is ready to pro- 
 
 ceed, the members take seats at a table 
 provided for the purpose. The presi- 
 dent sits at the head of the table. The 
 other members at his right and left, 
 alternately, according to relative rank. 
 The judge advocate sits at the foot of 
 the table or at a separate table. The 
 accused and his counsel sit at a table 
 conveniently placed. A witness, when 
 testifying, is seated near the judge ad- 
 vocate, and the reporter is placed near 
 the witness' chair. The interpreter is 
 located at a convenient place (see 
 figure). 
 
 4. After the members of the court are 
 seated, the judge advocate calls the 
 roll, using the order instituting the 
 court, after which he announces the 
 result to the president as : Sir, all are 
 present, or so and so is absent, stafc- 
 ing the cause or authority for the ab- 
 sence if it is known. The president 
 directs the judge advocate : " Proceed 
 with the business of the court." 
 
 5. The judge advocate then causes 
 the accused, his counsel, the reporter, 
 and interpreter to enter the court room 
 and, while he and they remain stand- 
 ing, announces : The judge advocate is 
 prepared to proceed with the case of the 
 United States versus Private John Doe, 
 Company " K," -iSth Infantry. 
 
 The president announces : // there is 
 no objection, the court will proceed to 
 the trial of Private Doe. 
 
 The judge advocate announces: The 
 accused desires to introduce First Lieu- 
 tenant William Williams, -iSth Infantry. 
 as his counsel, or, in case the accused 
 does not desire counsel, the judge ad- 
 vocate states : The accused states that 
 he does not desire counsel. 
 
 6. The reporter of the court is then 
 sworn by the judge advocate, admin- 
 istering the following oath, both stand- 
 ing: You swear {or aMrm) that you 
 will faithfully perform the duties of re- 
 porter to this court. So help you God. 
 
 6a. The judge advocate asks the ac- 
 cused if he desires a copy of the record 
 of his trial, and gives the reporter the 
 necessary instructions. 
 
 7. The judge advocate and the ac- 
 cused stand up. The judge advocate 
 reads aloud to the accused the order 
 convening the court, and together with 
 
Night Operations 
 
 39 
 
 anjt other orders modifying the detail, 
 and states to the accused: Of the of- 
 ficers named in this order (or these 
 orders), the follozc'ing are present 
 (names the officers of the court pres- 
 ent). Have you any objection to being 
 tried by any officer present? This is 
 known in military law as " the right 
 of challenge." 
 
 of the accused : The accused objects to 
 Captain Jones, on the ground that 
 (stating the grounds upon which the 
 objection is based). The challenged 
 member is then given an opportunity to 
 make a statement in reply to th;e 
 challenge. 
 Note. — A positive declaration by the chal- 
 lenged member that he is not prejudiced 
 
 M£MBER N0.1 
 
 MEMBER N0.3 
 MEMBER 
 MEMBER NO. 
 MEMBER fiO.< 
 
 
 O PRESIDENT 
 
 mO 
 
 
 >.3 
 
 
 >.5 O 
 
 
 .rO 
 
 • 
 
 ■9 o 
 
 
 O M 
 
 O M 
 
 EMBER N0.2 
 
 EMBER N0.4 
 
 O MEMBER No.e 
 O MEMBER NO.a 
 
 O 
 
 MEMBER N0.10 
 
 ACCUSED 
 
 COUNSEL 
 
 o 
 
 o 
 
 o 
 
 REPORTER 
 
 O 
 
 JL'DGE ADVOCATE 
 
 o 
 
 WITNESS 
 
 Note. — Members of a general or special 
 court-martial may be challenged by the ac- 
 cused or by the judge advocate, but only for 
 cause stated to the court. The court deter- 
 mines the relevancy and validity thereof, and 
 does not receive a challenge to more than 
 one member at a time. (18th Article of 
 War.) 
 
 Should the accused object to being 
 tried by any member of the court pres- 
 ent, the counsel would state in behalf 
 
 O 
 
 INTERPRETER 
 
 against the accused, nor interested in the case, 
 is ordinarily satisfactory to the accused. 
 
 If the statement is not satisfactory to 
 the accused, he may at this time state : 
 / am not satisfied with the statement of 
 Captain Jones and request that he be 
 Put upon his voir dire. Tlie judge ad- 
 vocate and tlie challenged member 
 standing, the judge advocate adminis- 
 ters the following oath to him : You 
 swear that you will true answers make 
 
40 
 
 Night Operations 
 
 to questions touching upon your cotn- 
 petency as a member of the court in this 
 case. So help you God. The member 
 is then examined by the accused (gen- 
 erally through his counsel), in the same 
 manner that a juror is examined in 
 criminal courts. Upon the completion 
 of this examination the president an- 
 nounces : The court will be closed. 
 
 8. The challenged member, the ac- 
 cused and his counsel, and spectators, if 
 any; the judge advocate, the reporter, 
 the interpreter, withdraw from the 
 court room and the court is said to be 
 " closed." The remaining members of 
 the court deliberate upon the question 
 as to whether or not the challenged 
 member shall sit as a member of the 
 court in the case. They arrive at a de- 
 cision by vote, beginning with the junior 
 member, the majority carrying the de- 
 cision. 
 
 Note. — Courts are liberal in passing upon 
 challenges and, when there is any valid rea- 
 son given, sustain them. 
 
 Having arrived at a decision, the 
 president announces that the court is 
 opened and the judge advocate is so 
 notified. This is generally done by 
 ringing a bell. 
 
 9. Those who withdrew now enter 
 the court room and take their places 
 and the president announces the de- 
 cision of the court as : The objection to 
 Captain Jones is sustained, and he will 
 be excused as a member of the court in 
 this case, or The objection to Captain 
 Jones is not sustained and he will sit as 
 a member of the court in this case. 
 
 If the challenged member be excused, 
 he will immediately withdraw. All 
 members of the court junior to him in 
 rank will change their seats so as to 
 preserve the prescribed arrangement of 
 the court according to rank. 
 
 The judge advocate then interrogates 
 the accused : Have you any objection to 
 any other member of the court, present? 
 Should the accused have objection, he 
 will challenge the member objected to 
 and the same procedure as above will 
 be observed. If he does not object to 
 any other member he will state : There 
 is no further objection. The judge ad- 
 vocate may now in like manner chal- 
 lenge anv member of the court. 
 
 Should any member of the court be- 
 lieve himself to be the accuser in the 
 case, he will at this point formally an- 
 nounce that fact to the court, where- 
 upon he will be excused. When the 
 judge advocate, the accused, his coun- 
 sel, or any member of the court has 
 reason to believe that any member 
 thereof may be called as a witness for 
 the prosecution, such belief shall be 
 communicated to the court and, if the 
 judge advocate states that the member 
 is to be called, he will be excused. 
 When there are no further challenges 
 to be considered by the court, the presi- 
 dent announces : The court will he 
 sworn. 
 
 10. All the members of the court, the 
 judge advocate and all other persons 
 in the court room stand, and the fol- 
 lowing oath is administered by the 
 judge advocate — who holds right hand 
 uplifted — to the members of the court: 
 You (naming each member of the court 
 present) do swear {or affirm) that you 
 will well and truly try and determine, 
 according to the eindence, the matter 
 now before you, between the United 
 States of America and the person to be 
 tried, and that you will duly administer 
 justice, without partiality, favor or af- 
 fection, according to the provisions of 
 the rules and articles for the govern- 
 ment of the Armies of the United 
 States, and if any doubt should arise 
 not explained by said articles, then ac- 
 cording to your conscience, the best of 
 your understanding, and the custom of 
 war in like cases, and you do further 
 swear {or afUrm) that you will not di- 
 vulge the findings or sentence of the 
 court until they shall be punished by the 
 proper authority, except to the judge ad- 
 vocate and assistant judge advocate; 
 neither will you disclose or discover the 
 vote or opinion of any particular mem- 
 ber of the court-martial, unless required 
 to give eindence thereof as a witness by 
 a court of justice in due course of law. 
 So help you God. 
 
 As the name of each member of the 
 court is called he raises his right hand 
 and retains it in that position imtil the 
 reading of the oath is completed and 
 acknowledged. 
 
 While all remain standing, the presi- 
 
Night Operations 
 
 41 
 
 dent of tlie court administers tlie fol- 
 lowing oath to the judge advocate: You 
 (naming the judge advocate) do swear 
 (or affirm) that you zvill not divulge 
 the findings or sentence of the court to 
 any but the proper authority until they 
 shall be duly disclosed by the same. So 
 help you God. 
 
 Upon completion of the swearing of 
 the court and the judge advocate, the 
 court is said to be organized. 
 
 11. At this point, if there is an in- 
 terpreter, he is sworn by the judge ad- 
 vocate — both standing — with the follow- 
 ing oath: You swear (or affirm) that 
 you will truly interpret in the case now 
 in hearing. So help you God. 
 
 12. If a delay in the case is necessary, 
 either on the part of the prosecution or 
 the defence, it should be made at this 
 time. 
 
 13. The judge advocate then reads the 
 charges and specifications preferred 
 against the accused and the accused is 
 called upon to plead to tliem. In case 
 of several charges and specifications, 
 the order pursued is to arraign on the 
 first, second, etc., specifications to the 
 first charge, then on the first charge, 
 and so on with the rest. During the 
 reading of the charges the judge advo- 
 cate and the accused stand. The judge 
 advocate puts the question to the ac- 
 cused after the reading of each specifi- 
 cation and charge: How plead you? 
 All of this constitutes the arraignment. 
 
 14. The accused is called upon to 
 plead to each charge and specification. 
 Ordinarily the plea of the accused is 
 guilty or yiot guilty to each charge and 
 specification ; or, guilty of a specifica- 
 tions excepting certain words, and of 
 the excepted zvords not guilty; or when 
 charged with an oflfence which includes 
 a lesser one of kindred degree, guilty 
 of the specification except certain 
 words, substituting certain other words, 
 and to the charge not guilty, but guilty 
 of the lesser kindred offense. 
 
 For example : in a trial for desertion, 
 the accused, by substituting words in 
 the specification that covers the offence 
 of absence without leave, may plead 
 guilty to them, but not guilty to the 
 part of the specification that covers de- 
 sertion. In the charge, he may substi- 
 
 tute : as not guilty of desertion but 
 guilty of absence without leave. 
 
 The pleas are generally entered by the 
 counsel on behalf of the accused. If 
 the accused questions the jurisdiction 
 of the court he may here enter a plea 
 to the jurisdiction, or, if any other plea 
 is appropriate, it must be entered at this 
 time. For example : a plea in abate- 
 ment, or a plea in bar of trial. 
 
 15. Should the accused plead guilty, 
 the president of the court will halt the 
 proceedings and explain to the ac- 
 cused the meaning of such a plea, ask 
 him if he understands the same, and 
 question him to such extent that there 
 can be no misunderstanding of the 
 action he has taken in pleading guilty. 
 He will explain to the accused the 
 penalty that the court may impose for 
 such an offence and make certain that 
 the accused fully understands it. 
 
 16. The prosecution, conducted by the 
 judge advocate, then begins the pres- 
 entation of the case. The judge advo- 
 cate announces : The judge advocate 
 desires to introduce (naming the wit- 
 ness) as a witness for the prosecution. 
 The witness enters. The judge advo- 
 cate directs him to hold up his right 
 hand. (If he is wearing gloves, the 
 judge advocate directs him to remove 
 the right-hand glove). The following 
 oath is administered by the judge advo- 
 cate, both he and the witness standing : 
 You swear or affirm, that the evidence 
 that you shall give in the case now in 
 hearing shall be the truth, the whole 
 truth, and nothing but the truth. So 
 help you God. 
 
 The judge advocate directs the wit- 
 ness to be seated in the witness chair 
 and cautions him to speak slowly and 
 distinctly to the court in order that all 
 may hear what he has to say. The 
 judge advocate then proceeds to the di- 
 rect examination of the witness, in the 
 case of a military witness, by asking: 
 State your name, rank, organization 
 and station, or in the case of a civilian 
 witness. State your name and residence. 
 Then follows the identification of the 
 accused : Do you know the accused? If 
 so. state who he is. 
 
 Tlien follow any other questions 
 that the judge advocate desires to ask 
 
42 
 
 Night Operations 
 
 the witness in the prosecution of the 
 case. 
 
 17. At the conclusion of the direct 
 examination, the judge advocate an- 
 nounces that fact and the witness is 
 turned over to the defence for the cross- 
 examination by the counsel for the 
 accused. The judge advocate is then 
 given an opportunity to re-examine the 
 witness and the defense to re-cross- 
 examine the witness. At the conclusion 
 of all this the president inquires : Ques- 
 tions by the members of the court t and 
 the members of the court are then per- 
 mitted to ask any questions they desire. 
 Upon the completion of this, the wit- 
 ness is excused. 
 
 18. Should a question be asked of a 
 witness, either by the prosecution or by 
 the defence, to which objections is 
 made by the opposite party in the case, 
 the party objecting will announce, be- 
 fore the witness has had an opportun- 
 ity to answer: / object to that question, 
 after which he states the grounds upon 
 which the objection is based. The op- 
 posite party is then given an oppor- 
 tunitj'^ to reply to the objection and, 
 after all conversation on the matter 
 has been concluded, the president an- 
 nounces : The court will be closed. All 
 persons in the court room, other than 
 the members of the court, will with- 
 draw. The court deliberates the ques- 
 tion and a vote is taken on the subject, 
 starting with the junior member of 
 the court. The majority rules. If 
 there is a tie vote, the proposition is 
 lost. The president announces : The 
 court is opened. Those who withdrew 
 are recalled, as indicated in paragraph 
 8. The president annoimces : The ob- 
 jection is sustained, and the question 
 zvill not be answered, or, The objection 
 is not sustained, and the witness will 
 proceed to answer the question. In the 
 latter case the question is again asked 
 and the witness required to answer. 
 
 19. After all the witnesses for the 
 prosecution have been examined the 
 judge advocate will introduce any docu- 
 mentary evidence he may have to place 
 before the court for its consideration. 
 Documentary evidence may be intro- 
 duced at any time, though the rule is 
 
 that it will be introduced at the con- 
 clusion of the examination of the wit- 
 nesses for one side or the other. 
 
 After the judge advocate has con- 
 cluded his side of the case for the gov- 
 ernment he announces : The prosecu- 
 tion here rests. The witnesses for the 
 defence are then called as indicated 
 by the counsel for the accused and 
 their examination proceeds as for 
 those of the prosecution. The counsel 
 for the accused conducts the direct ex- 
 amination and the judge advocate the 
 cross-examination. The defence then 
 submits any documentary evidence that 
 it desires considered and, when there 
 is nothing further, the counsel an- 
 nounces : The accused desires to be 
 sworn as a witness in his own behalf, 
 or. The accused desires to make a 
 verbal statement in his own behalf, or, 
 The accused desires to submit a writ- 
 ten statement in his own behalf. In 
 the first case, where the accused is 
 sworn as a witness in his own behalf, 
 he is examined by the counsel for the 
 defence and is subject to cross-exam- 
 ination by the judge advocate and to 
 questions by members of the court. In 
 the second case the accused merely 
 makes a verbal statement to the court, 
 which is unsworn, and may be taken 
 for what it is worth ; in the third case 
 the accused submits a written state- 
 ment to the court which is read by 
 the judge advocate and appended to the 
 record of the court as a part of the 
 record in the case. 
 
 20. Following this, tlie counsel for the 
 defence is given an opportunity to make 
 a summing up of the case and an argu- 
 ment for the accused. This is followed 
 by the action of the judge advocate 
 who may make answer to the argument 
 of the defence. In case the judge 
 advocate has nothing further, he an- 
 nounces : The judge advocate submits 
 the case zvithotit remark. In any 
 event, the judge advocate, on behalf 
 of the government, has the last word 
 in the case. The president announces : 
 The court zvill be closed. 
 
 21. All persons in the court room 
 withdraw except the members of the 
 court, who proceed to a finding in the 
 
Night Operations 
 
 43 
 
 case. After deliberating over the case 
 to such extent as may be necessary and 
 discussing it to the extent desired by the 
 members, the president announces: In 
 the absence of objection, we will pro- 
 ceed to vote on a finding in this case. 
 
 The president reads, or causes to be 
 read, the first specification and then 
 calls upon each member, starting with 
 the junior, to register his vote on the 
 finding. The remaining specifications 
 to a charge are taken up in their order 
 and each voted on in like manner. 
 Then, the charge is voted on. The mem- 
 bers register their votes : guilty or, not 
 guilty, or, sustain the pica, or, guilty as 
 plead. The president of the court re- 
 cords the votes and announces the re- 
 sult at the end of each voting period. 
 The majority rules. In case of a tie 
 in the vote upon a certain specification 
 the finding is "not guilty," in other 
 words, the accused is given the benefit. 
 22. After arriving at a finding on all 
 the specifications and charges, and hav- 
 ing verified same, the president an- 
 nounces: The court will be opened. 
 The judge advocate is notified and the 
 parties that withdrew return to the 
 court room as in paragraph 8. The 
 president inquires: Is there anything 
 further to submit in this case? 
 
 If there is nothing further, the judge 
 advocate so announces. If there is 
 evidence of previous convictions that 
 have been referred to the court by 
 proper authority, the judge advocate 
 announces: The jiidcfe advocate has 
 the following evidence of previous 
 convictions to present for the consid- 
 eration of the court. The judge advo- 
 cate reads the evidence of previous 
 convictions and, after completing each 
 case, the accused is permitted to verify 
 the same and add such remarks as may 
 be appropriate. The president an- 
 nounces : The court will be closed. All 
 except the members of the court again 
 withdraw, and the court proceeds to a 
 sentence in the case. 
 
 23. In arriving at a sentence, after a 
 finding of guilty, the court proceeds as 
 follows : 
 
 (a) One member of the court is de- 
 tailed to verify the maximum 
 
 limit of punishment that may 
 be awarded in the case. This 
 precaution is taken to avoid a 
 sentence greater than the 
 maximum authorized. 
 (6) The president of the court calls 
 upon members to submit sen- 
 tences. Those who so desire, 
 write out a sentence on a 
 piece of paper and pass it to 
 the president. When one or 
 more have been received, the 
 president arranges them in the 
 order of their severity and in- 
 quires : Are any other sen- 
 tences proposed? If there be 
 none, the president selects the 
 least severe sentence that has 
 been proposed, reads it, and 
 calls for a vote on it. 
 (c) The members vote "yes," indi- 
 cating that they concur in the 
 sentence or " no," indicating 
 that they do not concur in it. 
 The voting starts with the 
 junior member of the court, 
 and proceeds as indicated pre- 
 viously when voting on the 
 finding. The president records 
 the vote and announces the re- 
 sult. The majority rules. If 
 there is a tie vote the sentence 
 is lost. In this case the court 
 proceeds to vote in like man- 
 ner upon the next least severe 
 sentence proposed. Should 
 this also be lost, voting is con- 
 tinued on sentences until one 
 is carried. This is the sen- 
 tence of the court. 
 
 24. The judge advocate is recalled 
 and the president gives him the findings 
 and sentence, which he preserves for 
 record in the case. The court then pro- 
 ceeds to the consideration of other 
 business or adjourns to meet at the 
 call of the president: or adjourns to 
 meet at a certain time; or takes a re- 
 cess for such a time. 
 
 25. In the preparation of the record 
 of a case the reporter writes up all the 
 proceedings, entering everything that 
 transpires during the trial, including 
 all the evidence, objections, rulings of 
 the court, etc. The judge advocate is 
 
44 
 
 Night Operations 
 
 required to enter the findings and the 
 sentence in the record in his own hand- 
 writing or on a typewriter, in which 
 latter case he is required to certify 
 that he personally recorded the find- 
 ings and sentence. The record of the 
 trial is signed by the president of the 
 court and the judge advocate, sealed, 
 and mailed to the convening authority 
 for final action. 
 
 Q. In comparison with the proceedings of 
 a civil court, what are the duties of 
 the members and of the judge advo- 
 cate of a coitrt-martialf 
 
 A. The members of the court act in the 
 capacity of both judge and jury. 
 2. The judge advocate is the prosecuting 
 attorney, or state's attorney. 
 
 Q. What action is taken by a member of the 
 court when he is unable to attend a 
 session f 
 
 A. He will communicate the cause to the 
 judge advocate, and the same will be 
 entered on the record of the pro- 
 ceedings. 
 
 Q. Who is the president of a general court- 
 martial? 
 
 A. The president of the court is not an- 
 nounced. The senior officer present 
 acts as president. 
 
 Q. What are the duties of the president of a 
 general court-martialf 
 
 A. 1. He has the ordinary duties and priv- 
 ileges of the member of a court. 
 
 2. He is the organ of the court to main- 
 tain order and conduct its business. 
 
 3. He speaks and acts for the court in 
 every instance where a rule of action 
 has been prescribed by law, regula- 
 tions or its own resolution. 
 
 4. He administers the oath to the judge 
 advocate. 
 
 5. He authenticates by his signature, all 
 acts, orders and proceedings of the 
 court requiring it. 
 
 6. He takes the proper steps to insure 
 prompt trial and disposition of all 
 charge referred to the court and keeps 
 the court advised thereof. 
 
 Q. What are the duties of the judge advo- 
 cate with regard to the accused prior to 
 the assembling of the court for his 
 trial? 
 
 A. 1. He should acquaint the accused with 
 the accusations against him. 
 
 2. He should inform him of his right to 
 have counsel, and arrange for the de- 
 tail of counsel when one is desired by 
 the accused. 
 
 3. He should inform him of his right to 
 testify in his own behalf or to make 
 a statement to the court. 
 
 4. He should furnish him with a copy of 
 charges against him if so desired. 
 
 5. He may ask the prisoner how he in- 
 tends to plead ; but, when the accused 
 is an enlisted man, he should in no case 
 try to induce him to plead guilty or 
 leave him to infer that if he does so 
 his punishment will be lighter. 
 
 Q. When the accused decides to plead 
 " Guilty," what are the duties of the 
 judge advocate towards him? 
 
 A. 1. Advise him of his right to introduce 
 evidence in explanation of his offence, 
 and assist him in securing it. 
 3. During the trial he will see that the 
 accused has full opportunity to inter- 
 pose such pleas and make such defence 
 as may best bring out the facts, the 
 merits, or the extenuating circum- 
 stances of the case. 
 3. In so far as such action may be taken 
 without prejudice to the accused, any 
 advice given him by the judge advocate 
 should be given or repeated in open 
 court and noted on the record. 
 
 Q. What are the duties of a judge advocate 
 with respect to the witnesses before 
 the trial of a case begins? 
 
 A. He will summon the necessary witnesses, 
 make a preliminary examination of 
 those for the prosecution, and, as far 
 as possible, systematize his plans for 
 conducting the case. 
 
 Q. What are the duties of a judge advo- 
 cate during the trial of a case? 
 
 A. 1. He conducts the case for the govern- 
 ment and prepares the record. 
 
 2. He executes all the orders of the court. 
 
 3. He reads the convening order to the 
 accused; swears the members of the 
 court, the interpreter, the reporter and 
 all witnesses. 
 
 4. He arraigns the accused ; examines the 
 witnesses. 
 
 5. He keeps or superintends the keeping 
 of an accurate record of the proceed- 
 ings and affixes his signature to each 
 day's proceedings. 
 
Military Law — Concluded (April, 1917) 
 
 Q. What arc the duties of the counsel of the 
 accused? 
 
 A. He should guard the interests of the 
 accused by all honorable and legitimate 
 means known to the law, as far as con- 
 sistent with military interests. He 
 should not obstruct the proceedings 
 with frivolous and manifestly useless 
 objections. 
 
 Q. May a soldier be detailed as the ste- 
 nographer of a court? 
 
 A. He may. He will be allowed extra pay at 
 the rate of 5 cents for each 100 words 
 taken in shorthand and transcribed. 
 
 Q. Under zvhat conditions is a challenged 
 member of a court excused? 
 
 A. 1. That he sat as a member of a court of 
 inquiry that investigated the charges. 
 
 2. That he has personally investigated the 
 charges and expressed an opinion 
 thereon, or that he has formed a posi- 
 tive and definite opinion as to the guilt 
 or innocence of the accused. 
 
 3. That he is the accuser. 
 
 4. Tliat he is to be a witness for the 
 prosecution. 
 
 5. That (upon a rehearing of the case) he 
 sat as a member on a former trial. 
 
 6. That, in the case of the trial of an 
 officer, the member will be promoted by 
 dismissal of the accused. 
 
 7. That he is related by blood or marriage 
 to the accused. 
 
 8. That he has a declared enmity against 
 the accused. 
 
 Q. May the judge advocate challenge mem- 
 bers of the court? 
 
 A. While there is no statutory authority for 
 it, the practice is that he may. 
 
 Q. What action is taken by a member of a 
 court who has not been challenged, 
 but, nevertheless, believes himself to be 
 disqualified? 
 
 A. He may announce his disqualification in 
 open court in order that he may be 
 challenged, or he may apply to the 
 appointing authority to be relieved. 
 
 Q. What are the different pleas in court- 
 martial procedure? 
 
 A. 1. Plea to the jurisdiction. 
 
 2. Plea in abatement. 
 
 3. Plea in bar of trial. 
 
 4 Plea to the general issue. 
 Q. What is a plea to the jurisdiction? 
 A. A plea to the jurisdiction denies the right 
 
 of the court to try the case. 
 Q. What are the grounds for the plea to 
 
 the jurisdiction? 
 A. 1. That the court was appointed by an 
 
 officer who did not have the legal 
 
 authority to do so. 
 
 2. That it is composed wholly or in part 
 of members not authorized to sit upon 
 such a court-martial. 
 
 3. That the accused is not subject to the 
 jurisdiction of the court. 
 
 4. That the court has not the legal power 
 to try the offense charged. 
 
 Q. What is a pica in abatement? 
 
 A. It is based upon some defect in the charge 
 or specification, and is one that oper- 
 ates merely to delay the trial. An 
 accused who submits a plea in abate- 
 ment must show how the error may be 
 corrected. The judge advocate will 
 correct the error so as to meet the 
 objection, and the trial proceeds. 
 
 Q. What are the picas in bar of trial? 
 
 A. 1. Statute of Limitations. 
 
 2. Pardon. 
 
 3. Constructive condonation. 
 
 Q. What is the Statute of Limitations? 
 
 A. They are statutes of which the accused 
 may take advantage, thereby depriving 
 the Government of the power to try or 
 punish him after the lapse of a specified 
 
 45 
 
46 
 
 Night Operations 
 
 period following the commission of the 
 offense. They are enacted to secure 
 the prompt punishment of criminal 
 offenses, and to obtain the attendance 
 of the witnesses at the trial while the 
 recollection of the event is still fresh 
 in their minds. In court-martial prac- 
 tice, prosecutions are limited both as 
 to time and as to number. 
 
 Q. For what crimes are there no statutes 
 of limitations? 
 
 A. 1. Desertion in time of war. 
 
 2. Mutiny. 
 
 3. Murder. 
 
 Q. In what cases is the statutory period ex- 
 tended to three years? 
 A. 1. Desertion in time of peace. 
 
 2. The crimes (felonies) enumerated 
 under the 93rd Article of War. 
 
 3. The crimes and offenses (Frauds 
 against the Government) enumerated 
 in the 94th Article of War. 
 
 Q. What is the ordinary period of the statute 
 of limitations? 
 
 A. Two years. 
 
 Q. How is the time of the statute of limi- 
 tations computed? 
 
 A. The point at and from which the period 
 of limitation begins is the date of the 
 commission of the offense. The point 
 at which the period of limitation termi- 
 nates, and from which said period is 
 to be reckoned back, is the date of the 
 arraignment of the accused. 
 
 Q. What periods of time are excluded in the 
 computation of the period of limita- 
 tion? 
 
 A. 1. The period of any absence of the 
 accused from the jurisdiction of the 
 United States. 
 2. Any period during which, by reason of 
 some manifest impediment, the accused 
 shall not have been amenable to mili- 
 tary justice. 
 
 Q. In military practice may a person be tried 
 twice for the same offense? 
 
 A. He may not 
 
 Q. What constitutes a "trial?" 
 
 A. When the accused has been duly con- 
 victed or acquitted by a court-martial 
 he has been "tried." 
 
 Q. What is meant by pardon? 
 
 A. A pardon is the act of the President 
 which exempts the individual on whom 
 
 it is bestowed from the punishment 
 which the law inflicts for the crime 
 that he has committed. 
 
 Q. What is meant by constructive condona- 
 tion? 
 
 A. Where a deserter has been restored to 
 duty, without trial, by the authority 
 competent to order his trial, this action 
 is regarded as a constructive condona- 
 tion of the offense and may be pleaded 
 in bar of trial subsequently ordered. 
 
 Q. What are some of the inadmissible 
 special pleas? 
 
 A. 1. Former punishment; that is, the ac- 
 cused has already been adequately pun- 
 ished by his commanding officer for the 
 offense. 
 
 2. Illegal enlistment ; that is, that the ac- 
 cused claims to have enlisted under age, 
 without the necessary consent of his 
 parents or guardian. 
 
 3. Release from arrest. 
 
 4. Undergoing sentence of a court- 
 martial. 
 
 5. Long delay in bringing to trial, but 
 within the period of the statutes of 
 limitation. 
 
 6. Malice of the accuser. 
 
 7. Bad character of the accuser. 
 
 8. Intoxication. 
 
 9. Insanity. 
 
 10. Obedience to military order. 
 
 11. Mistake of fact or law. 
 
 Q. What are the pleas to the general issue? 
 
 A. Usually the plea of the accused is 
 "guilty" or "not guilty" to each 
 charge and specification ; or, guilty to 
 a specification, excepting certain words, 
 and to the excepted words not guilty; 
 or, as when charged with an offense 
 which includes a lesser one of a kin- 
 dred nature, guilty to the specification 
 excepting certain words and substitut 
 ing therefor certain others, to the ex- 
 cepted words, not guilty; to the sub- 
 stituted words, "guilty," and to the 
 charge not guilty, but guilty of the 
 included lesser offense, 
 
 Q. When a plea of guilty is entered, does that 
 exclude evidence being taken? 
 
 A. It does not. The court should take evi- 
 dence after a plea of guilty, except 
 when the specification is so descrip- 
 tive as to disclose all the circumstances 
 of mitigation or aggravation. 
 
Night Operations 
 
 47 
 
 Q. What action is taken upon a plea ■ of 
 guilty entered by the accused? 
 
 A. The president of the court is required to 
 explain : 
 
 1. Tlie various elements which constitute 
 the offense charged. 
 
 2. The maximum punishment which may 
 be adjudi^ed by the court for the offense 
 to which the accused has pleaded 
 guilty. 
 
 Note. — The accused will then be asked 
 whether he fully understands that, by plead- 
 ing guilty to such a charge or specification, 
 he admits having committed all the elements 
 of the crime or offense charged, and that he 
 may be punished as stated. If he replies in 
 the affirmative, the plea of guilty will stand; 
 otherwise a plea of not guilty will be entered. 
 Q. When an accused pleads guilty and there- 
 after makes a statement at variance 
 with his plea, what action is taken? 
 A. The plea of guilty is withdrawn and a 
 plea of not guilty substituted therefor. 
 Q. May a plea of " guilty, without crimi- 
 nality " be entered. 
 A. No. It is the same as a plea of not guilty. 
 Q. What action is taken when an accused 
 refuses to plead, standi mute, or an- 
 swers irrelevantly? 
 A. The court proceeds to trial and judgment 
 
 as if he had pleaded " not guilty." 
 Q. What is a nolle prosequi? 
 A. A declaration of record on the part of 
 the prosecution that it withdraws a 
 charge or specification from the in- 
 vestigation and will not prosecute t?ie 
 same at the trial. 
 Q. Who has authority to enter a nolle pro- 
 sequi? 
 A. The convening authority. 
 Q. What are the principal grounds for nolle 
 
 prosequi in court-martial practice? 
 A. 1. The fact that the charge or specifica- 
 tion is discovered to be substantially 
 defective and insufficient in law. 
 
 2. That it is ascertained the allegations 
 cannot be proved. 
 
 3. That the testimony available is not 
 sufficient to sustain the allegations. 
 
 4. That the criminality of one of the ac- 
 cused, where there are several, cannot 
 be established. 
 
 5. That it is proposed to use one of the 
 accused as a witness. 
 
 Q. Who procures the attendance of witnesses 
 
 before a court-martial? 
 A. Tlie judge advocate. 
 
 Q. How is the attendance of witnesses 
 ordinarily secured? 
 
 A. 1. Persons in the military service sta- 
 tioned at or near the place of trial: 
 (o) By informal notice served by the 
 judge advocate upon the person con- 
 cerned, {b) If for any reason a formal 
 notice is required, the judge advocate 
 will request the commanding officer to 
 order the witness to attend. 
 
 2. Persons in the military service sta- 
 tioned at points distant from the place 
 of trial, when mileage is involved : 
 The judge advocate will request that 
 orders issue for witness to attend. 
 
 3. Civilian witnesses: The judge advo- 
 cate will endeavor to secure attendance 
 by correspondence, sending the witness 
 subpoenas in duplicate and a request 
 to accept service by correspondence. 
 If such informal methods are ineffec- 
 tive, formal duplicate subpoena will be 
 issued by the judge advocate for ser- 
 vice on the witness. If the witness is at 
 or near the post where the court is 
 sitting, service may be made by the 
 judge advocate or by a person desig- 
 nated by him. If the witness is at or 
 near another post, the judge advocate 
 will send the subpoena direct to the 
 commanding officer of such post, re- 
 questing the service of same. If the 
 witness does not reside near any mili- 
 tary post or command, the judge advo- 
 cate will send the subpoena to the 
 department commander requesting 
 service. 
 
 Q. In what class of cases are depositions 
 prohibited? 
 
 A. They cannot be introduced by the prose- 
 cution in capital cases. 
 
 Q. JVhat is a subpoena duces tecum? 
 
 A. It is a subpoena requiring a person to 
 present himself before the court, 
 bringing with him certain books, papers 
 or documents which it is desired to 
 introduce in evidence. 
 
 Q. How may the attendance of a civilian 
 
 witness be compelled? 
 A. By a warrant of attachment. 
 
48 
 
 Night Operations 
 
 Q. What action is taken when a warrant of 
 
 attachment becomes necessary? 
 A. 1. The judge advocate will issue the war- 
 rant of attachment and deliver it to 
 the officer designated by the depart- 
 ment commander for execution. 
 2. The following papers will accompany 
 the warrant of attachment. 
 
 (a) The original order (and modi- 
 fying orders) appointing the 
 court for the trial of the case 
 in which the witness is to 
 testify. 
 (&) A copy of the charges and 
 specifications in the case as 
 referred for trial, 
 (r) The original subpoena, with the 
 
 proof of service. 
 {d) An affidavit of the judge advo- 
 cate or summary court officer 
 that the person being attached 
 is a material witness in the 
 case; that he has failed and 
 neglected to appear, although 
 sufficient time has elapsed for 
 that purpose; and that no 
 valid excuse has been ofifered 
 for such failure to appear. 
 Q. What action is necessary when force has 
 to be resorted to to compel the atten- 
 dance of a witness? 
 A. The post commander nearest the resi- 
 dence of the witness will furnish a mili- 
 tary' detail sufficient to execute the 
 process. 
 Q. If, while serving a warrant of attachment 
 for a witness, an officer is served with 
 a writ of habeas corpus from a United 
 States Court or a United States Judge, 
 what action is taken? 
 A. 1. The writ will be promptly obeyed. 
 
 2. The person alleged to be illegally re- 
 strained of his liberty will be taken 
 before the court from which the writ 
 has issued. 
 
 3. A return will be made setting forth 
 the reasons for the restraint. 
 
 4. The officer upon whom such a writ is 
 served will at once report by telegraph 
 the fact of such service direct to the 
 Adjutant General of the Army and to 
 the Commanding General of the de- 
 partment. 
 
 Q. If a writ of habeas corpus is issued by a 
 
 state court or judge, what action is 
 taken? 
 
 A. 1. The officer will make respectful re- 
 turn, in writing, informing the court 
 that he holds the person named in the 
 writ, by authority of the United States, 
 pursuant to a warrant of attachment, 
 issued under Section 3 of the Act of 
 Congress, approved August 29th, 1916, 
 by a judge advocate of a lawfully con- 
 vened general, special (or summary) 
 court-martial, and tlnat the Supreme 
 Court of the United States has decided 
 that state courts and judges are with- 
 out jurisdiction in such cases. 
 2. After having made the return, it is the 
 duty of the officer to hold the prisoner 
 in custody under his warrant of attach- 
 "ment, and to refuse obedience to the 
 mandate or process of any government 
 except that of the United States. 
 3. It is the duty of the officer not to take 
 the prisoner, nor suffer him to be taken, 
 before a state judge or court upon a 
 writ of habeas corpus issued under 
 state authority. 
 
 Q. What action is taken when a civilian wit- 
 ness, who has been duly subpoenaed 
 before a general court-martial, refuses 
 to appear or qualify as a witness? 
 
 A. He will at once be tendered or paid, by 
 the nearest quartermaster, one day's fees 
 and mileage for the journeys to and 
 from the court and will thereupon be 
 again called upon to comply with the 
 requirements of the law. 
 
 The 23rd Article of war (new) provides : 
 Every person not subject to military law, 
 who, being duly subpoenaed to appear as a 
 witness before a military court, commission, 
 court of inquiry, or board, or before any 
 officer, military or civil, designated to take 
 a deposition to be read in evidence before 
 such court, commission, court of inquiry, or 
 board, wilfully neglects or refuses to appear, 
 or refuses to qualify as a witness, or to 
 testify, or produce documentary evidence 
 which such person may have been legallj- 
 subpoenaed to_ produce, shall be deemed 
 guilty of a misdemeanor, for which such 
 person shall be punished on information in 
 the district court of the United States, or 
 in a court of original criminal jurisdiction in 
 any of the territorial possessions of the 
 United States, jurisdiction hereby being con- 
 ferred upon such courts, for such purpose; 
 and it shall be the duty of the United States 
 District Attorney or other officer prosecuting 
 for the government in any such court of 
 
Night Operations 
 
 49 
 
 original criminal jurisdiction, on the certifi- 
 cation of the facts to him by the military- 
 court, commission, court of inquiry, or board, 
 to file an information against and prosecute 
 the person so offending, and the punishment 
 of such person, on conviction, shall be a 
 fine of not more than $500, or imprisonment 
 not to exceed six months, or both, at the 
 discretion of the court : Provided that the 
 fees of such witness and his mileage, at the 
 rates allowed to witnesses attending the courts 
 of the United States, shall be duly paid or 
 tendered said witness, such amounts to be 
 paid out of the appropriation for the com- 
 pensation of witnesses. 
 
 Q. May a court-martial punish for contempt? 
 
 A. A court-martial may punish, at discre- 
 tion, subject to the limitations in A. W. 
 14 (with respect to summary courts) 
 any person who uses any menacing 
 words, signs or gestures in its presence, 
 or who disturbs its proceedings by any 
 riot or disorder. Such punishments 
 require the approval of the reviewing 
 authority in order to become effective. 
 
 Q. Under what circumstances are depositions 
 admissible before court-martial? 
 
 A. A duly authenticated deposition, taken 
 upon reasonable notice to the opposite 
 party, may be read in evidence before 
 any military court or commission in 
 any case not capital ; or in any pro- 
 ceeding before a court of inquiry or a 
 military board, if such deposition is 
 taken in cases where the witness re- 
 sides, is found, or is about to go, 
 beyond the state, territory or district 
 in which the court, commission, or 
 board is ordered to sit ; or beyond the 
 distance of 100 miles from the place 
 of trial or hearing ; or when it appears 
 to the satisfaction of the court, com- 
 mission, or board, or appointing author- 
 ity that the witness, by reason of age, 
 sickness, bodily infirmity, imprison- 
 ment, or other reasonable cause, is 
 unable to appear and testify in person 
 at the place of trial or hearing; pro- 
 vided, that testimony by deposition may 
 be adduced for the defense in capital 
 cases. 
 
 Q. What is the procedure when depositions 
 are to be taken? 
 
 A. 1. All the interrogatories to be pro- 
 pounded are entered on the form for 
 interrogatories and deposition, and 
 the trial judge-advocate, summary 
 
 court officer, or recorder will take ap- 
 propriate steps to cause the desired 
 deposition to be taken with the least 
 practicable delay. 
 
 2. In an ordinary case he will either 
 send the interrogatories to the com- • 
 manding officer of the post, recruiting 
 station or other military command at 
 or near which the person whose de- 
 position is desired is stationed, re- 
 sides or is understood to be ; or will 
 send them to some other responsible 
 person, preferably a person competent 
 to administer oaths, at or near the 
 place at which the person whose depo- 
 sition is desired is understood to be. 
 In a proper case, the interrogatories 
 may be sent to the department or 
 superior commander or to the witness 
 himself, and in any case they will, when 
 necessary, be accompanied by a proper 
 explanatory letter. 
 
 3. When interrogatories are received by a 
 commanding officer he will either take, 
 or cause to be taken, the deposition 
 thereon. He may send an intelligent 
 enlisted man — preferably a noncommis- 
 sioned officer, if available — to the neces- 
 sary place for the purpo»e of obtain- 
 ing the deposition, or he may arrange 
 by mail or otherwise that the deposition 
 be taken. The deposition will be taken 
 with the least practicable delay and, 
 when taken, will be sent at once direct 
 to the judge advocate of the court- 
 martial trying the case. 
 
 4. If the witness whose deposition is 
 desired is a civilian, the judge advo- 
 cate, or other person sending inter- 
 rogatories, will inclose with them a 
 prepared voucher for the fees and 
 mileage of the witness, leaving blank 
 such spaces therein as may be neces- 
 sary, together with the required num- 
 ber of copies of the order appointing 
 the court, commission or board. The 
 judge advocate, summary court officer, 
 or recorder will also send with the inter- 
 rogatories a subpoena in duplicate re- 
 quiring the witness to appear in person 
 at the time and place to be fixed by the 
 officer, military or civil, who is to take 
 the deposition. If the name of this 
 officer is not known, the space provided 
 for it will be left blank. 
 
50 
 
 Night Operations 
 
 5. If a military officer takes the deposi- 
 tion, he will complete the witness 
 voucher, certify it, and transmit it to 
 the nearest disbursing quartermaster 
 for payment. 
 
 6. When the deposition is taken by a civil 
 officer, he will be asked to obtain and 
 furnish to the military officer, requested 
 or designated to take the deposition or 
 cause it to be taken, the necessary data 
 for the completion of the witness 
 voucher, and the latter will complete 
 the voucher, certify it, and transmit it 
 to the nearest disbursing quartermaster 
 for payment. 
 
 7. In the case of military witnesses, sub- 
 poena will not accompany the inter- 
 rogatories, but the officer before whom 
 the deposition is to be taken will take 
 the necessary steps to have the wit- 
 nesses appear at the proper time and 
 place. 
 
 Q. What is the duty of the court with re- 
 spect to the protection of witnesses? 
 
 A. It is the duty of the court to protect 
 every witness from irrelevant, insulting, 
 or improper questions; from harsh or 
 insulting treatment, and from unneces- 
 sary inquiry into his private affairs. 
 The court must forbid any questions 
 which appear to be intended to insult 
 or annoy any witness, or which, though 
 proper in themselves, appear to be 
 needlessly offensive in form. 
 
 Q. Under what conditions may eindence of 
 character and the services of the ac- 
 cused be important? 
 
 A. 1. When the evidence of the guilt is not 
 strong and the good reputation of the 
 accused will strengthen the presump- 
 tion of innocence. 
 
 2. When the punishment is discretionary, 
 such evidence may be introduced with 
 a view to inducing the court to impose 
 a milder sentence. 
 
 3. When the punishment is mandatory, 
 such evidence may be introduced with 
 a view to inducing the court to recom- 
 mend clemency. 
 
 4. In any case, such evidence may be 
 introduced with a view to inducing the 
 reviewing authority to extend clemency. 
 
 Q. Is evidence of the bad character of the 
 
 accused adtnissible? 
 A. It is not. If the accused takes the wit- 
 
 ness stand in his own behalf, his ver- 
 acity as a witness may be attacked as 
 in the case of any other witness. 
 
 Q. May the accused appear as a witness in 
 his own behalf? 
 
 A. Yes. The accused " shall at his own re- 
 quest, but not otherwise, be a com- 
 petent witness. His failure to make 
 such request shall not create any pre- 
 sumption against him." 
 
 Q. What procedure is required when the 
 accused declines to appear as a witness 
 in his own behalf or to make a state- 
 ment? 
 
 A. In every case tried by a general court- 
 martial, in which the accused does not 
 testify or make a statement in his own 
 behalf, it must appear on record that 
 the president of the court explained to 
 the accused that he was privileged to 
 testify in his own behalf if he so de- 
 sire or to make an unsworn statement 
 to the court in denial, in explanation, 
 or in extenuation of the offense with 
 which he stood charged. The explana- 
 tion by the president, and the reply of 
 the accused thereto, shall appear upon 
 the record of the trial. The same 
 rule applies in the case of a special 
 court-martial, where the evidence is 
 recorded. 
 
 (J. What are the general rules regarding 
 the examination of witnesses. 
 
 A. 1. They are usually examined separately. 
 This rule is not inflexible. It is in 
 practice subject to the discretion of 
 the court, and it is never so rigidly 
 observed as to exclude the testimony 
 of one witness because he has been 
 present at the examination of other 
 witnesses. 
 2. The examination of witnesses usually 
 proceeds in the following sequence: 
 (a) Witnesses for the prosecution, 
 direct, cross, re-direct and re- 
 cross, examination, 
 (fe) Witnesses for the defense in the 
 same order as (a). 
 
 (c) Witnesses for the prosecution in 
 
 rebuttal in the same order as 
 in (a). 
 
 (d) Witnesses for the accused in 
 
 rebuttal of those introduced 
 by the prosecution, in the 
 order specified in (a). 
 
Night Operations 
 
 51 
 
 ie) Witnesses for the court, in the 
 order specified in (a). 
 The court may, in the interest of trutli and 
 justice, call or recall witnesses or permit 
 their recall at any stage of the proceedings. 
 It may permit material testimony to be in- 
 troduced by either party quite out of its 
 regular order and place, and permit a case 
 once closed by either or both sides to be 
 reopened for the introduction of testimony 
 previously omitted, if convinced that such 
 testimony is so material that its omission 
 would leave the investigation incomplete. 
 In all such cases, both sides must be present, 
 and any testimony thus received is subject to 
 cross-examination and rebuttal by the party 
 to whom it may be adverse. 
 
 3. Leading questions which a witness may 
 answer by " yes " or " no " should not 
 be asked, except on cross-examination; 
 to abridge the proceedings where the 
 witness may be led at once to points 
 on which he is to testify; when the 
 witness appears to be hostile to the 
 party calling him, or is manifestly un- 
 willing to give evidence; where there 
 is an erroneous statement in the testi- 
 mony, evidently caused by fault of 
 memory, and where the nature of the 
 case is such that the mind of the wit- 
 ness cannot be directed to the subject 
 under inquiry by other means. 
 Q. Are affidavits admissible in evidence? 
 A. They are not, unless expressly consented 
 to by the judge advocate and the ac- 
 cused, with full knowledge of his 
 rights. 
 Q. What restriction is placed upon the 
 knowledge of the court imth reference 
 to statement of service and the evidence 
 of previous convictions of the accused? 
 A. The court will not be permitted to see 
 either until after they have arrived at 
 a finding. The statement of service 
 may be introduced in evidence by the 
 accused as proof of good character. 
 Q. What previous convictions ivill be con- 
 sidered by a court-martial? 
 A. 1. Only those covering offenses com- 
 mitted within the year prior to the date 
 of the offense for which the accused 
 is being tried, and in the current en- 
 listment. 
 2. These will be considered only when 
 they are properly referred by the con- 
 vening authority. 
 
 Q. What is the object of introducing evi- 
 dence of previous convictions before 
 court-martial on the finding of guilty? 
 
 A. The object is to see if the prisoner is an 
 old offender, and therefore less en- 
 titled to leniency than if on trial for his 
 first offense. 
 
 Q. What is the rule regarding the punishment 
 to be awarded. 
 
 A. That the least punishment by which dis- 
 cipline can be efficiently maintained is 
 the proper amount. 
 
 Q. What are the legal punishments that gen- 
 eral court-martials may impose upon 
 officers? 
 
 A. 1. Death. 
 
 2. Dismissal, with confinement at hard 
 labor. 
 
 3. Dismissal. 
 
 4. Loss of rank. 
 
 5. Suspension from rank, command, or 
 duty, with or without loss of pay or 
 part of pay. 
 
 6. Fine or forfeiture of pay. 
 
 7. Confinement to limits of post or com- 
 mand. 
 
 8. Reprimand. 
 
 9. Admonition. 
 
 Q. What legal punishments may courts- 
 martial impose upon enlisted men?, 
 A. 1. Death. 
 
 2. Dishonorable discharge. 
 
 3. Confinement at hard labor. 
 
 4. Forfeiture of pay. 
 
 5. Hard labor without confinement. 
 
 6. Forfeiture of pay and allowances. 
 
 7. Detention of pay. 
 
 8. Reprimand. 
 
 Q. What are the rules regarding the dis- 
 honorable discharge of a soldier? 
 
 A. 1. A dishonorable discharge can be im- 
 posed only pursuant to the sentence of 
 a general court-martial. 
 
 2. The date on which the order pro- 
 mulgating the sentence is received at 
 the post where the soldier is held, is 
 the date of discharge. 
 
 3. A sentence adjudging a dishonorable 
 discharge to take effect at such period 
 during a term of confinement as may 
 be designated by the reviewing author- 
 ity, is illegal. 
 
 Q. May the deposits of a soldier be forfeited 
 by the sentence of a court-martial? 
 
 A. They may not. They are exempt from 
 liability to sentence of a court-martial, 
 
52 
 
 Night Operations 
 
 imposing a forfeiture of pay and allow- 
 ances. To sentence a soldier to deposit 
 a certain amount of his pay is illegal. 
 
 Q. When a disciplinary punishment is 
 awarded a soldier by his company com- 
 mander, what record is made of it? 
 
 A. A brief record will be made showing : 
 
 1. Name of the accused. 
 
 2. Brief statement of the offense, showing 
 time and place. 
 
 3. Statement as to whether or not the 
 accused demanded trial by summary 
 court. 
 
 4. Disposition of case, with date and pun- 
 ishment awarded. 
 
 5. Whether or not appeal was made to 
 higher authority. 
 
 6. Decision of higher authority on appeal. 
 
 7. Whether accused was required to serve 
 punishment pending appeal. 
 
 Q. What limitations are placed on courts- 
 martial in imposing punishments on 
 soldiers? 
 
 A. 1. Punishing by branding, tattooing or 
 marking the body, or by flogging is 
 prohibited. 
 
 2. The following have been discarded: 
 Carrying loaded knapsack; wearing 
 irons ; shaving the head ; placarding ; 
 pillory ; stocks, and tying up by the 
 thumbs. 
 
 3. Military duty as a form of punishment 
 tends to degrade duty and is to the 
 prejudice of the best interests of the 
 service. Punishment, such as imposing 
 tours of guard duty, requiring a sol- 
 dier to blow all calls for a period of 
 time, are not imposed. 
 
 4. Solitary confinement on bread and 
 water diet, and the placing of a prisoner 
 in irons, are regarded as a means of 
 enforcing prison discipline. They are 
 not to be imposed by a court-martial 
 as a punishment. 
 
 Q. Where are the limits of punishment that 
 may be imposed by a court-martial tipon 
 a soldier on conviction to be found? 
 
 A. The latest executive order on the subject 
 became operative on March 1st, 1917, 
 as to offenses committed on and after 
 that date, and as to criminal acts com- 
 mitted prior to that date, whose maxi- 
 mum punishment was not prescribed in 
 the Executive Order of September 5th, 
 1914, published in G. O. No. 70. This 
 
 order remains operative as to offenses 
 committed before March 1st, 1917, ex- 
 cept as to criminal acts w^hose maxi- 
 mum punishment has been decreased 
 by this order. 
 Q. What are the general limitations with 
 regard to the punishment that a court- 
 martial may impose on a soldier? 
 A. 1. A court shall not, by a single sentence 
 which does not include dishonorable 
 discharge, adjudge against a soldier: 
 (a) Forfeiture of pay at a rate 
 greater than two-thirds of his 
 pay per month. 
 (&) Forfeiture of pay in an amount 
 greater than two-thirds of his 
 pay for six months, 
 (c) Confinement at hard labor for a 
 period greater than six months. 
 2. A court shall not, by a single sentence, 
 adjudge against a soldier: 
 
 (a) Detention of pay at a rate 
 greater than two-thirds of his 
 pay per month. 
 (&) Detention of pay in an amount 
 greater than two-thirds of his 
 pay for three months, 
 (c) Hard labor without confinement 
 for a period greater than three 
 months. 
 Q. May general prisoners be tried by sum- 
 mary court? 
 A. They may. 
 
 Q. May the sitmmary court officer be chal- 
 lenged by the accused? 
 A. The summary court ofificer is not subject 
 
 to challenge. 
 Q. What is the limit of punishment that may 
 be imposed upon a soldier by the sum- 
 mary court? 
 A. Not to exceed confinement at hard labor 
 for three months, or forfeiture of three 
 months' pay, or both ; and, in addition 
 thereto, reduction to the ranks in the 
 cases of noncommissioned officers, and 
 reduction in classification in the cases 
 of first-class privates. 
 Q. When the summary court officer is also 
 the comtnanding officer, what action is 
 necessary with respect to a sentence of 
 the summary court? 
 A. No sentence of such summary court- 
 martial, adjudging confinement at hard 
 labor or forfeiture of pay, or both, for 
 a period in excess of one month, shall 
 
Night Operations 
 
 53 
 
 be carried into execution until the 
 
 same has been approved by superior 
 
 authority. 
 Q. What are the functions of suimnary 
 
 courts-martial f 
 A. 1. Power to administer oaths. 
 
 2. To hear and determine cases and, when 
 
 satisfied of the guilt of the accused 
 
 party, to adjudge the punishment to 
 
 be inflicted. 
 The following is the procedure in the in- 
 stitution and conduct of a trial before a 
 summary court-martial : 
 
 1. A summary court officer is appointed 
 in every command by the commanding 
 officer thereof, either in formal orders 
 or verbally. This officer is usually the 
 officer next in rank to the commanding 
 officer, but may be any officer whom 
 the commanding officer selects. 
 
 2. A soldier commits an offense for which 
 he may be properly tried by summary 
 court. Charges and specifications are 
 preferred against him on the blank 
 forms provided for that purpose. 
 These charges are made in triplicate 
 and forwarded to the commanding 
 officer for his action. They are usually 
 handed in at the adjutant's office with 
 the morning report, but may be sub- 
 mitted at any time. 
 
 3. The charge sheet contains : 
 
 1. The name and rank of the accused. 
 
 2. Statement of service. 
 
 3. Date of arrest or confinement. 
 
 4. Number of previous convictions. 
 
 5. Witnesses for the prosecution and 
 
 defense. 
 
 6. A statement of the charge. 
 
 7. A statement of the specification. 
 
 8. Signature of the officer preferring 
 
 the charges. 
 
 4. The commanding officer determines 
 whether or not the case shall be 
 brought to trial and, when trial is de- 
 cided upon, the charges are forwarded 
 by indorsement to the summary court 
 officer, the indorsement being signed by 
 the adjutant. 
 
 5. The summary court usually sits at a 
 stated hour daily, except Sunday (no 
 legal objection to sitting on Sunday), 
 at such time as will least interfere with 
 the training of troops. The accused 
 and all witnesses are ordered to appear 
 
 at the specified time, and the trial pro- 
 ceeds much in the manner of civil 
 police courts. 
 
 6. The accused is brought before the sum- 
 mary court officer, who reads the 
 charges and specifications to him and 
 calls upon him to plead to same. The 
 plea is usually " guilty " or " not guilty." 
 
 Note. — When the accused pleads guilty the 
 summary court officer will explain to him : 
 (o) Tlie elements constituting the 
 offense to whicli he has pleaded 
 guilty, and 
 (b) The maximum punishment 
 therefor. 
 He will ask him whether he fully under- 
 stands : 
 
 (o) That by pleading guilty thereto, 
 he admits all the elements of 
 the crime or offense, and 
 (b) That he may be punished as ex- 
 plained above. 
 
 7. Witnesses for the prosecution are 
 called and sworn by the summary court 
 officer, who conducts the direct exami- 
 nation, after which the accused is per- 
 mitted to cross-examine. These are 
 followed by the witnesses for the de- 
 fense, who are likewise sworn and 
 examined. The accused may then be 
 sworn as a witness in his own behalf, 
 make a statement and be cross- 
 examined by the summary court, or he 
 may make an unsworn statement, in 
 which case he is not subject to cross- 
 examination. 
 
 8. After all the evidence has been pre- 
 sented in the case, the summary court 
 officer arrives at a finding and enters 
 the same in the appropriate space on 
 the blank form. This is followed by 
 the sentence he imposes on the accused, 
 in case of a finding of guilty. He then 
 signs the blank at the place provided 
 for his signature. 
 
 9. The blanks, thus completed, are turned 
 in to the adjutant, who examines the 
 finding and verifies the sentence to see 
 that it is not in excess of the limit 
 prescribed in the executive order of the 
 President, and submits them to the 
 commanding officer for his action. 
 
 10. If the commanding officer concurs in 
 the sentence, he approves the same by 
 affixing his signature and dating it at 
 
54 
 
 Night Operations 
 
 the appropriate place on the blank, and 
 the record of the court is complete and 
 the sentence may be executed. 
 
 11. The second copy of the blank is then 
 completed by making it an exact copy 
 of the original, and it is certified as 
 a true copy by the adjutant. 
 
 12. The original is filed at post head- 
 quarters and forms the permanent 
 record of cases tried by summary court. 
 The second copy, authenticated by the 
 adjutant, is furnished the company 
 commander of the accused and forms 
 the company record of the trial. The 
 third is forwarded to the officer having 
 general court-martial jurisdiction over 
 the command. 
 
 Q. What action is necessary before a sentence 
 of a court-martial may be carried into 
 execution f 
 
 A. It must be approved by the officer ap- 
 pointing the court, or by the officer 
 commanding for the time being. The 
 acquittal of the accused does not en- 
 title him to be released from confine- 
 ment at once. The acquittal is not 
 eflfective until it has been acted upon 
 by the proper reviewing authority. 
 
 Q. What is the effect of a disapproval of a 
 finding and sentence of a court-martial 
 on the part of the reviezving authority? 
 
 A. A disapproval of the sentence of a court- 
 martial by the reviewing authority is 
 not a mere expression of disapproba- 
 tion, but is a final determinate act 
 putting an end to the proceedings in 
 a particular case and rendering them 
 entirely nugatory and inoperative; and 
 the legal effect of a disapproval is the 
 same whether or not the officer dis- 
 approving is authorized finally to con- 
 firm the sentence. But to be thus 
 operative, the disapproval should be ex- 
 pressed. The effect of the entire dis- 
 approval of a sentence is not merely to 
 annul the same as such, but also to 
 prevent the accruing of any disability 
 or forfeiture, which would have been 
 incidental on approval. 
 
 Q. Hotv are general court-martial trials of 
 enlisted men published to the service? 
 
 A. By general court-martial orders, promul- 
 gated from headquarters of the officer 
 authorized to convene general courts- 
 martial. 
 
 Q. What elements does a G. C. M. O. con- 
 tain? 
 
 A. So much of the proceedings of the court 
 as will give the charges and specifi- 
 cations, the pleas, findings, and sen- 
 tences, and the action and remarks of 
 the reviewing authority on the case. If 
 the charges contain matter unfit for 
 publication, it will be omitted from the 
 order. 
 
 Q. In what case is the confirmation of the 
 President required? 
 
 A. 1. Any sentence respecting a general 
 officer. 
 
 2. Any sentence extending to the dismissal 
 of an officer, except that in time of 
 war a sentence extending to the dis- 
 missal of an officer below the grade of 
 brigadier-general may be carried into 
 execution upon confirmation by the 
 commanding general of the army in the 
 field or by the commanding general of 
 the territorial department or division. 
 
 3. Any sentence extending to the supen- 
 sion or dismissal of a cadet. 
 
 4. Any sentence of death, except in the 
 cases of persons convicted in time of 
 war of murder, rape, mutiny, deser- 
 tion, or as spies, and in such excepted 
 cases, a sentence of death may be car- 
 ried into execution upon confirmation 
 by the commanding general of the 
 army in the field, or by the command- 
 ing general of the territorial depart- 
 ment or division. 
 
 Q. What is meant by mitigation of punish- 
 ment? 
 
 A. A reduction in quantity or quality, the 
 general nature of the punishment re- 
 maining the same. 
 
 Q. May the sentence of a court-martial be 
 added to in any way? 
 
 A. Neither the reviewing authority nor any 
 other officer is authorized to add to 
 the punishment imposed by a court- 
 martial. 
 
 Q. Under what circumstances may soldiers 
 convicted by court-martial be confined 
 in a penitentiary? 
 
 A. 1. Desertion in time of war. 
 
 2. Repeated desertion in time of peace. 
 
 3. Mutiny. 
 
 4. When the offense is of a civil nature, 
 or by commutation of the death sen- 
 tence. 
 
Night Operations 
 
 55 
 
 5. On conviction of two or more acts or 
 omissions, any one of which is punish- 
 able by confinement in a penitentiary. 
 
 Q. What is fraudulent enlistment? 
 
 A. An enlistment procured by means of 
 wilful misrepresentation in regard to a 
 qualification or disqualification for en- 
 listment; or by intentional concealment 
 of a disqualification which has had the 
 effect of causing the enlistment of a 
 man not qualified to be a soldier and 
 who, but for such false representation 
 or concealment, would have been re- 
 jected. 
 
 Q. What elements must be proved to convict 
 on a charge of fraudulent enlistment? 
 
 A. 1. The enlistment of the accused in the 
 military service as alleged. 
 
 2. That the accused wilfully misrepre- 
 sented a certain fact, or facts, regard- 
 ing his qualifications or disqualifica- 
 tions for enlistment, or wilfully — that 
 is, intentionally — concealed a disquali- 
 fication as alleged. 
 
 3. That enlistment was procured by such 
 misrepresentation or concealment. 
 
 4. That under such enlistment, the accused 
 received either pay or allowances, or 
 both, as alleged. 
 
 5. Where a soldier enlists without a dis- 
 charge, the proof should include the 
 fact that at the time of the alleged en- 
 listment the accused was a soldier, and 
 that the enlistment was entered into 
 without a regular discharge from the 
 former enlistment. 
 
 Q. What is desertion? 
 
 A. An absence without leave, accompanied 
 by the intention not to return. Both 
 elements are essential to the offense. 
 The offense becomes complete when 
 the person absents himself without 
 authority from his place of service with 
 intent not to return thereto. A prompt 
 return and repentence are no defense, 
 nor is it a defense that the deserter at 
 the time of departure intended to re- 
 port for duty elsewhere. Thus, a 
 soldier who leaves his post, intending 
 never to go back unless a certain event 
 happens, or leaves his post with such 
 intent and reports at another post, is a 
 deserter ; but unless such intent exists 
 at some time, the soldier cannot be a 
 deserter, whether his purpose is to stay 
 away a definite or an indefinite time. 
 
 Where a soldier, without having been 
 discharged, again enlists in the army, 
 or in the militia in the service of the 
 United States, such enlistment is, by 
 the twenty-ninth article of war, made 
 sufficient evidence of desertion. In such 
 case, proof of the intent to stay perma- 
 nently away from his former place of 
 service, and the status of absence with- 
 out leave therefrom, are unnecessary. 
 
 Q. What elements must be proved to convict 
 a soldier of desertion? 
 
 A. 1. That the accused absented himself or 
 remained absent without authority 
 from his place of service as alleged. 
 
 2. That he intended, at the time of absent- 
 ing himself or at some time during his 
 absence, to remain away permanently 
 from such place. 
 
 3. That his absence was of a specified 
 duration and was terminated as alleged. 
 
 4. That his act was done, if so alleged, in 
 the execution of a certain conspiracj', 
 or in the presence of a certain outbreak 
 of Indians, or of a certain unlawful 
 assemblage which his organization was 
 opposing, or in time of war. where the 
 court will not take judicial notice of the 
 existence of a status of war. 
 
 5. Where the soldier enlisted without a 
 discharge : that the accused was a soldier 
 in a certain organization of the army, 
 as alleged ; and that without being dis- 
 charged from such organization, he 
 again enlisted in the army, navy or 
 marine corps, or some foreign army, 
 as alleged. In this case, proof of the 
 absence without leave and of the in- 
 tention not to return become unneces- 
 sary. 
 
 Q. What is absence without leave? 
 
 A. When any person subject to military law 
 is, through his own fault, not at the 
 place where he is required to be, at a 
 time when he should be there, he is 
 said to be " absent without leave," or 
 AWOL. 
 
 Q. What elements must be proved in 
 
 AWOL. 
 A. 1. Where the accused fails to appear or 
 goes from a place of duty : 
 
 (o) That a certain authority ap- 
 pointed a certain time and 
 place for a certain duty by the 
 accused, as alleged. 
 
56 
 
 Night Operations 
 
 (b) That he failed to report at such 
 
 place at the proper time, or, 
 having so reported, went from 
 the same without authority 
 from any one competent to 
 give him leave to go. 
 2. Where the accused is charged with 
 absenting himself without proper leave : 
 
 (c) That the accused absented him- 
 
 self from his command, guard, 
 quarters, station, or camp for a 
 certain period, as alleged. 
 (b) That such absence was without 
 authority from anyone com- 
 petent to give him leave. 
 
 Q. Distinguish between arrest and confine- 
 ment f 
 
 A. The arrest of an officer has been com- 
 pared to an enlargement on bail, the 
 security being the officer's commis- 
 sion. It is for this reason that the 
 punishment for breach of arrest may 
 include dismissal. The distinction be- 
 tween arrest and confinement lies in 
 the difference between the kind of re- 
 straint imposed. In arrest the restraint 
 is moral, imposed by the orders fixing 
 the limit of the arrest, or by the terms 
 of the Article. 
 
 Q. What constitutes breach of arrest? 
 
 A. The offense is committed when the re- 
 strained person infringes the limits set 
 by orders, or by the 69th Article of 
 War. The intention or motive that 
 actuated him is immaterial to the ques- 
 tion of guilt, though, of course, proof 
 of inadvertence or bona fide mistake is 
 admissible in guiding the court in fixing 
 punishment. The unlawfulness of the 
 arrest is a valid defense, but innocence 
 
 of the accusation for which the arrest 
 is imposed is entirely irrelevant. 
 
 Q. What elements must be proved to convict 
 of a breach of arrest? 
 
 A. 1. That the accused was duly placed in 
 arrest. 
 2. That before he was set at liberty by 
 proper authority he transgressed the 
 limits fixed by proper authority or by 
 the 69th Article of War. 
 
 Q. What is a countersign? 
 
 A. A countersign is a word given from the 
 principal headquarters of a command 
 to aid guards and sentinels in their 
 scrutiny of persons who apply for per- 
 mission to pass the lines. 
 
 O. What is a parole? 
 
 A. A parole is a word used as a check on 
 the countersign. It is imparted only to 
 those who are entitled to inspect the 
 guards, and to commanders of guards. 
 
 O. What constitutes the offense of making 
 known the countersign and parole? 
 
 A. The class of persons entitled to receive 
 the countersign will expand and con- 
 tract with the varying circumstances of 
 war. Who these persons are will be 
 determined largely, in any particular 
 case, by the general or special orders 
 under which the accused was acting. It 
 is no defense, under the terms of this 
 law, that the accused did not know that 
 the person to whom he communicated 
 the countersign or parole was not en- 
 titled to receive it. Before imparting 
 such a word it behooves a person sub- 
 ject to military law to determine at his 
 peril that the person to whom he pre- 
 sumes to give the countersign or parole 
 is entitled to receive it. 
 
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