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 GUIDET 
 
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 THE ARTICLES OF WAR 
 
 WAMBAUGH 
 
 INTERLEAVED NOTE-BOOK EDITION 
 
GIFT OF 
 
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 f 
 
GUIDE 
 
 TO 
 
 THE ARTICLES OF WAR 
 
 Prepared for 
 
 The Reserve Officers' Training Corps 
 
 of Harvard University 
 
 BY 
 
 EUGENE WAMBAUGH, LL.D. 
 
 Professor in the Law School of Harvard University 
 
 Major and Judge Advocate in the Officers' Reserve Corps 
 
 OF the United States Army 
 
 Interleaved Ncte-Book Ei^ition 
 
 CAMBRroOE 
 
 HARVARD UNIVERSITY PRESS 
 
 1917 
 

 
 Copyright, 1917 
 By Eugene Waaibaugh 
 
 /- 
 
 
 
 Engir.eerinS- 
 Libr&ry 
 
 THE CNIVERSITT PRESS, CAMBRIDGE, U.S.A. 
 
PREFACE 
 
 In the Army, knowledge of the Articles of War is not a luxury 
 but a necessity. The beginner in military matters will do well 
 to carry the Articles of War in his pocket. 
 
 Hence this little book. 
 
 Part I gives those |K)rtions of the Constitution of the United 
 States which expressly or argumentatively serve as a founda- 
 tion for the Articles of War. 
 
 Part n gives the Articles of War themselves, and adds refer- 
 ences to some of the relevant passages in the Manual for 
 Courts-Martial, edition of 1917 — the official pubhcation which 
 is in effect a commentary upon the Articles of War. 
 
 Part III gives practical problems. 
 
 To read the Articles of War again and again, to apply them 
 to the problems herein given and to others, to write queries and 
 comments, and to study the Manual for Courts-Martial — this 
 is the way to know the Articles of War as they should be known. 
 Even the beginner may soon be able to call many of them by 
 their numbers; and doubtless among these will be A. W. 54, 
 58, 61, 62, 63, 64, 65, 69, 75, 83, 84, 85, 86, 93, 94, 95, and 96. 
 
 Finally, it should be borne in mind that the present Articles 
 of War were approved on August 29, 1916, and, with a few ex- 
 ceptions, did not go into effect until March 1, 1917, and that 
 consequently all documents or treatises earher than 1917 
 must be used with caution. 
 
 E. W. 
 
 Cambridge, Mass., May 30, 1917. 
 
 3 98 J 76 
 
GUIDE TO THE ARTICLES 
 
 OF WAR 
 
 PART I 
 
 EXTRACTS FROM THE CONSTITUTION OF 
 THE UNITED STATES^ 
 
 We the People of the United States, in Order to form a 
 more perfect Union, establish Justice, insure domestic Tran- 
 quility, provide for the common defence, promote the general 
 Welfare, and secure the Blessings of Liberty to ourselves and 
 our Posterity, do ordain and establish this Constitution for 
 the United States of America. 
 
 Article I, Section 8. The Congress shall have Power . ! . 
 
 [11] To declare War, . . . and make Rules concerning 
 Captures on Land and Water; 
 
 [12] To raise and support Armies, but no Appropriation of 
 Money to that Use shall be for a longer Term than two Years; 
 
 [13] To provide and maintain a Navy; 
 
 [14] To make Rules for the Government and Regulation 
 of the land and naval Forces; 
 
 [15] To provide for calling forth the Militia to execute the 
 Laws of the Union, suppress Insurrections and repel Invasions; 
 
 [16] To provide for organizing, arming, and disciplining, the 
 Militia, and for governing such Part of them as may be em- 
 
 ^ An attempt is here made to present all parts of the Constitution 
 which serve as a basis for the Articles of War. 
 
ployed in the Service of the United States, reserving to the 
 States respectively, the Appointment of the Officers, and the 
 Authority of training the Militia according to the discipline 
 prescribed by Congress; ... 
 
 [18] To make all Laws which shall be necessary and proper 
 for carrying into Execution the foregoing Powers, and all other 
 Powers vested by this Constitution in the Government of the 
 United States, or in any Department or Officer thereof. 
 
 Art. II, Sec. 2. [1] The President shall be Commander in 
 Chief of the Army and Navy of the United States, and of the 
 Militia of the several States, when called into the actual Service 
 of the United States; . . . and he shall have Power to grant 
 Reprieves and Pardons for OfiFences against the United States, 
 except in Cases of Impeachment. 
 
 Art. rV, Sec. 4. The United States shall guarantee to every 
 State in this Union a Republican Form of Government, and 
 shall protect each of them against Invasion ; and on Application 
 of the Legislature, or of the Executive (when the Legislature 
 cannot be convened) against domestic Violence. 
 
 Amendment V. No person shall be held to answer for a 
 capital, or otherwise infamous crime, unless on a presentment 
 or indictment of a Grand Jury, except in cases arising in the 
 land or naval forces, or in the Militia, when in actual service in 
 time of War or public danger; nor shall any person be subject 
 for the same offence to be twice put in jeopardy of life or limb; 
 nor shall be compelled in any criminal case to be a witness against 
 himself, nor be deprived of life, liberty, or property, without 
 due process of law ; nor shall private property be taken for public 
 use, without just compensation. 
 
PART II 
 THE ARTICLES OF WAR — WITH REFERENCES ^ 
 
 Be it enacted by the Senate and House of Representatives of the 
 United States of America in Congress assembled . . . 
 
 Sec. 3. That section thirteen hundred and forty-two of the 
 Revised Statutes of the United States be, and the same is hereby, 
 amended to read as follows: 
 
 "Sec. 1342. The articles included in this section shall be 
 known as the Articles of War and shall at all times and in all 
 places govern the armies of the United States. [M.C.M., pages 
 IX-X.] 
 
 "I. PRELIMINARY PROVISIONS 
 
 "Article 1. Definitions. — The following words when 
 used in these articles shall be construed in the sense indicated 
 in this Article, unless the context shows that a different sense 
 is intended, namely: 
 
 "(a) The word 'oflScer' shall be construed to refer to a com- 
 missioned officer; 
 
 1 The citations here appended to each of the Articles of War refer 
 to "A Manual for Courts-Martial," revised in the Judge Advocate 
 General's Office in 1916 and published by the Government Printing Office, 
 the impression used being the one "corrected to Apr. 15, 1917." 
 
 The text of the Articles of War is taken from " An Act Making appro- 
 priations for the Support of the Army for the fiscal year ending June 
 thirtieth, nineteen hundred and seventeen, and for other purposes," 
 approved Aug. 29, 1916, and printed in 39 United States Statutes at 
 Large, Part I, chap. 418, pages 619, 650-670. The Articles of War 
 are also found in M.C.M., pages 308-329. 
 
"(b) The word 'soldier' shall be construed as including a 
 non-commissioned officer, a private, or any other enlisted man; 
 
 "(c) The word ' company ' shall be understood as including a 
 troop or battery; and 
 
 "(d) The word 'battalion' shall be understood as including 
 a squadron. [M.C.M., pars. ^, 8.] 
 
 "Art. 2. Persons subject to military law. — The fol- 
 lowing persons are subject to these articles and shall be under- 
 stood as included in the term 'any person subject to military 
 law,' or 'persons subject to mihtary law,' whenever used in 
 these articles: Provided, That nothing contained in this Act, 
 except as specifically provided in Article two, subparagraph 
 (c), shall be construed to apply to any person under the United 
 States naval jurisdiction, unless otherwise specifically provided 
 by law. 
 
 " (a) All officers and soldiers belonging to the Regular Army 
 of the United 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 of the call, draft or order 
 to obey the same; 
 
 "(b) Cadets; 
 
 " (c) Officers and soldiers of the Marine Corps when detached 
 for service with the armies of the United States by order of the 
 President: Provided, That an officer or soldier of the Marine 
 Corps when so detached may be tried by military court-martial 
 for an offense committed against the laws for the government 
 of the naval service prior to his detachment, and for an offense 
 committed against these articles he may be tried by a naval 
 court-martial after such detachment ceases; 
 
 " (d) All retainers to the camp and all persons accompanying 
 or serving with the armies of the United States without the ter- 
 
ritorial 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 
 otherwise subject to these articles; 
 
 **(e) All persons under sentence adjudged by courts-martial; 
 
 "(f) All persons admitted into the Regular Army Soldiers' 
 Home at Washington, District of Columbia. [M.C.M., pars. 
 -4, 9-10, 13, 38, 7h (i).] 
 
 "II. COURTS-MARTIAL 
 
 "Art. 3. Courts-martial classified. — Courts-martial 
 shall be of three kinds, namely: 
 "First, general courts-martial; 
 "Second, special courts-martial; and 
 "Third, summary courts-martial. [M.C.M., pars. 3, 5.] 
 
 "a. composition 
 
 "Art. 4. Who may serve on courts-martial. — All offi- 
 cers 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, shall be competent to serve on courts- 
 martial for the trial of any persons who may lawfully be brought 
 before such courts for trial. [M.C.M., pars. 6, 9-12.] 
 
 "Art. 5. General courts-martial. — General courts- 
 martial may consist of any number of officers from five to thir- 
 teen, inclusive; but they shall not consist of less than thirteen, 
 when that number can be convened without manifest injury to 
 the service. [M.C.M., par. 7.] 
 
 "Art. 6. Special courts-martial. — Special courts-martial 
 may consist of any number of officers from three to five, in- 
 clusive. [M.C.M., par. 7.] 
 
6 
 
 t( 
 
 'Art. 7. Summary courts-martial. — A summary court- 
 martial shall consist of one officer. [M.C.M., pars. 7, 9, 26, 27.] 
 
 "b. by whom appointed 
 
 (( 
 
 'Art. 8. General courts-martial. — The President of 
 the United States, the commanding officer of a territorial divi- 
 sion or department, the Superintendent of the Military Academy, 
 the commanding officer of an army, an army corps, a divi- 
 sion, or a separate brigade, and, when empowered by the Presi- 
 dent, the commanding officer of any district or of any force or 
 body of troops may appoint general courts-martial; but when 
 any such commander is the accuser or the prosecutor of the 
 person or persons to be tried, the court shall be appointed by 
 superior competent authority, and no officer shall be eligible to 
 sit as a member of such court when he is the accuser or a wit- 
 ness for the prosecution. [M.C.M.y para. 6, 1^-19, 62-6^, 129- 
 131, 19U 
 
 "Art. 9. Special courts-martial. — The commanding offi- 
 cer of a district, garrison, fort, camp, or other place where troops 
 are on duty, and the commanding officer of a brigade, regiment, 
 detached battaHon, or other detached command may appoint 
 special courts-martial; but when any such commanding officer 
 is the accuser or the prosecutor of the person or persons to be 
 tried, the court shall be appointed by superior authority, and 
 may in any case be appointed by sup>erior authority when by the 
 latter deemed desirable; and no officer shall be eligible to sit as 
 a member of such court when he is the accuser or a witness for 
 the prosecution. [M.C.M., pars. 6, 17, 21-2I^, 62-6^, 129-131, 
 19J^.\ 
 
 "Art. 10. Summary courts-martial. — The command- 
 ing officer of a garrison, fort, camp, or other place where troops 
 are on duty, and the commanding officer of a regiment, detached 
 battaHon, detached company, or other detachment may ap- 
 
point summary courts-martial; but such summary courts- 
 martial may in any case be appointed by superior authority 
 when by the latter deemed desirable: Provided, That when but 
 one officer is present with a command he shall be the summary 
 court-martial of that command and shall hear and determine 
 cases brought before him. [M.C.M., pars. 6, 9, 25-29.] 
 
 "Art. 11. Appointment of judge advocates. — For each 
 general or special court-martial the authority appK)inting the 
 court shall appoint a judge advocate, and for each general court- 
 martial one or more assistant judge advocates when necessary. 
 [M.C.M., pars. 30-31, 94, 106.] 
 
 "C. JURISDICTION 
 
 "Art. 12. General courts-martial. — General courts- 
 martial shall have power to try any person subject to military 
 law for any crime or offense made punishable by these articles 
 and any other person who by the law of war is subject to trial 
 by military tribunals : Provided, That no officer shall be brought 
 to trial before a general court-martial appointed by the Super- 
 intendent of the Military Academy. [M.C.M., pars. 3, 13, 14, 
 16, 38-40, 78, 173, 320.] 
 
 "Art. 13. Special courts-martial. — Special courts- 
 martial shall have power to try any person subject to military 
 law, except an officer, for any crime or offense not capital made 
 punishable by these articles: Provided, That the President 
 may, by regulations, which he may modify from time to time, 
 except from the jurisdiction of special courts-martial any class 
 or classes of persons subject to military law. 
 
 "Special courts-martial shall not have power to adjudge dis- 
 honorable discharge, nor confinement in excess of six months, 
 nor to adjudge forfeiture of more than six months' pay. [M.C.M., 
 pars. 41-42, 78, 173, 320.] 
 
8 
 
 "Art. 14. Summary courts-martial. — Summary courts- 
 martial shall have power to try any person subject to military 
 law, except an officer, a cadet, or a soldier holding the privileges 
 of a certificate of eligibility to promotion, for any crime or 
 offense not capital made punishable by these articles: Provided, 
 That non-commissioned officers shall not, if they object thereto, 
 be brought to trial before a summary court-martial without the 
 authority of the officer competent to bring them to trial before a 
 general court-martial: Provided further. That the President 
 may, by regulations, which he may modify from time to time, 
 except from the jurisdiction of summary courts-martial any 
 class or classes of persons subject to military law. 
 
 "Summary courts-martial shall not have power to adjudge 
 confinement in excess of three months, nor to adjudge the for- 
 feiture of more than three months' pay: Provided, That when 
 the summary court officer is also the commanding officer no sen- 
 tence 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 be carried into execution until the same shall 
 have been approved by superior authority. [M.C.M., pars. JfS- 
 U, 78, 173, 320, 483, and page ^09.] 
 
 "Art. 15. Not exclusive. — The provisions of these arti- 
 cles conferring jurisdiction upon courts-martial shall not be 
 construed as depriving military commissions, provost courts, or 
 other military tribunals of concurrent jurisdiction in resj>ect of 
 offenders or offenses that by the law of war may be lawfully 
 triable by such military commissions, provost courts, or other 
 military tribunals. [M.C.M., pars. 2-3, J^5.] 
 
 "Art. 16. Officers: how triable. — Officers shall be 
 triable only by general courts-martial, and in no case shall an 
 officer, when it can be avoided, be tried by officers inferior to 
 him in rank. [M.C.M., pars. 8, 12.] 
 
9 
 
 **D. PROCEDURE 
 
 tt 
 
 'Art. 17. Judge advocate to prosecute. — The judge 
 advocate of a general or special court-martial shall prosecute 
 in the name of the Unites States, and shall, under the direction 
 of the court, prepare the record of its proceedings. The accused 
 shall have the right to be represented before the court by counsel 
 of his own selection for his defense, if such counsel be reasonably 
 available, but should he, for any reason, be unrepresented by 
 counsel, the judge advocate shall from time to time throughout 
 the proceedings advise the accused of his legal rights. [M.C.M., 
 pars, 95-1 n, 123, 133, and pages 353-356.] 
 
 "Art. 18. Challenges. — Members of a general or special 
 court-martial may be challenged by the accused, but only for 
 cause stated to the court. The court shall determine the rele- 
 vancy and validity thereof, and shall not receive a challenge to 
 more than one member at a time. ■ [M.C.M., pars. 120-131, 137.] 
 
 "Art. 19. Oaths. — The judge advocate of a general or 
 special court-martial shall administer to the members of the 
 court, before they proceed upon any trial, the following oath or 
 affirmation: 'You, A. B., do swear (or affirm) that you will well 
 and truly try and determine, according to the evidence, 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 affection, according to the 
 provisions of the rules and articles for the government of the 
 armies of the United States, and if any doubt should arise, not 
 explained by said articles, then according to your conscience, 
 the best of your understanding, and the custom of war in like 
 cases; and you do further swear (or affirm) that you will not 
 divulge the findings or sentence of the court until they shall 
 be published by the proper authority, except to the judge advo- 
 cate and assistant judge advocate; neither will you disclose or 
 
10 
 
 discover the vote or opinion of any particular member of the 
 court-martial, unless required to give evidence thereof as a 
 witness by a court of justice in due course of law. So help you 
 God.' 
 
 "When the oath or affirmation has been administered to 
 the members of a general or special court-martial, the president 
 of the court shall administer to the judge advocate and to each 
 assistant judge advocate, if any, an oath or affirmation in the 
 following form: *You, A. B., do swear (or affirm) that you will 
 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.' 
 
 "All persons who give evidence before a court-martial shall 
 be examined on oath or affirmation in the following form : ' You 
 swear (or affirm) that the evidence 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.' 
 
 "Every rep>orter of the proceedings of a court-martial shall, 
 before entering upon his duties, make oath or affirmation in the 
 following form: 'You swear (or affirm) that you will faithfully 
 perform the duties of reporter to this court. So help you God.' 
 
 "Every interpreter in the trial of any case before a court- 
 martial shall, before entering upon his duties, make oath or 
 affirmation in the following form: 'You swear (or affirm) that 
 you will truly interpret in the case now in hearing. So help 
 you God.' 
 
 "In case of affirmation the closing sentence of adjuration 
 will be omitted. [M.C.M., pars. 91, 132-136.] 
 
 "Art. 20. Continuances. — A court-martial may, for 
 reasonable cause, grant a continuance to either party for such 
 time and as often as may appear to be just. [M.C.M., pars. 
 
 139-1 U'] 
 
 "Art. 21. Refusal to plead. — When the accused, ar- 
 
11 
 
 raigned before a court-martial, from obstinacy and deliberate 
 design stands mute or answers foreign to the purpose, the court 
 may proceed to trial and judgment as if he had pleaded not 
 guilty. [M.C.M., pars. lJi.4--14^, 155.] 
 
 "Art. 22. Process to obtain witnesses. — Every judge 
 advocate of a general or special court-martial and every sum- 
 mary court-martial shall have power to issue the like process 
 to compel witnesses to appear and testify which courts of the 
 United States, having criminal jurisdiction, may lawfully issue; 
 but such process shall run to any part of the United States, its 
 Territories, and possessions. [M.C.M., pars. 159-169, 172, and 
 pages 383-390.] 
 
 "Art. 23. Refusal to appear or testify. — Every person 
 not subject to mihtary law who, being duly subpoenaed to 
 appear as a witness before any 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, willfully 
 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 legally 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, juris- 
 diction being hereby conferred upon such courts for such pur- 
 pose; and it shall be the duty of the United States district 
 attorney or the officer prosecuting for the Government in any 
 such court of original criminal jurisdiction, on the certification 
 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 imprison- 
 
12 
 
 ment 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. [M.C.M., pars. 168, 170-172, 183-188, 
 192, 232, 235, and pages 381-388.] 
 
 "Akt. 24. Compulsory self-incrimination prohibited. — 
 No 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 a mihtary court, 
 commission, court of inquiry, or board, shall be compelled to 
 incriminate himself or to answer any questions which may tend 
 to incriminate or degrade him. [M.C.M., pars. 2U-215, 233- 
 
 236.] 
 
 "Art. 25. Depositions — When admissible. — 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 proceeding 
 before a court of inquiry or a military board, if such deposition 
 be taken when the witness resides, 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 one hundred miles from the place of trial or hearing, or when 
 it appears to the satisfaction of the court, commission, board, 
 or appointing authority that tlie witness, by reason of age, 
 sickness, bodily infirmity, imprisonment, or other reasonable 
 cause, is unable to appear and testify in person at the place of 
 trial or hearing: Provided, That testimony by deposition may 
 be adduced for the defense in capital cases. [M.C.M., pars, 
 165, 167, 174, 263-269, 275, and pages 379-382.] 
 
 "Art. 26. Depositions — Before whom taken. — Depo- 
 sitions to be read in evidence before military courts, commissions. 
 
13 
 
 courts of inquiry, or military boards, or for other use in military 
 administration, may be taken before and authenticated by any 
 oflBcer, mihtary or civil, authorized by the laws of the United 
 States or by the laws of the place where the deposition is taken 
 to administer oaths. [M.C.M., pars. 175-182.] 
 
 "Art. 27. Courts of inquiry — Records of, when 
 ADMISSIBLE. — The record of the proceedings of a court of 
 inquiry may be read in evidence before any court-martial or 
 military commission in any case not capital nor extending to 
 the dismissal of an officer, and may also be read in evidence in 
 any proceeding before a court of inquiry or a military board: 
 Provided, That such evidence may be adduced by the defense 
 in capital cases or cases extending to the dismissal of an officer. 
 [M.C.M., pars, m, 272, Jf75.] 
 
 "Art. 28. Resignation without acceptance does not 
 RELEASE OFFICER. — Any officer who, having tendered his 
 resignation and prior to due notice of the acceptance of the 
 same, quits his post or proper duties without leave and with 
 intent to absent himself permanently therefrom shall be deemed 
 a deserter. [M.C.M., pars. 281, 28^.] 
 
 "Art. 29. Enlistment without discharge. — Any soldier 
 who, without having first received a regular discharge, again 
 enlists in the Army, or in the militia when in the service of the 
 United States, or in the Navy or Marine Corps of the United 
 States, or in any foreign army, shall be deemed to have deserted 
 the service of the United States; and, where the enlistment is 
 in one of the forces of the United States mentioned above, to 
 have fraudulently enlisted therein. [J/.C.Jf., pars. 74 (n), 
 284, 409.] 
 
 "Art. 30. Closed sessions. — Whenever a general or special 
 court-martial shall sit in closed session, the judge advocate 
 and the assistant judge advocate, if any, shall withdraw; and 
 when their legal advice or their assistance in referring to the 
 
14 
 
 recorded evidence is required, it shall be obtained in open court, 
 and in the presence of the accused and of his counsel if there 
 be any. [M.C.M., pars. 91-92, 101.] 
 
 "Art. 31. Order of voting. — Members of a general or 
 special court-martial, in giving their votes, shall begin with the 
 junior in rank. [M.C.M., pars. 90, 29J^, 308.] 
 
 "Art. 32. Contempts. — A court-martial may punish at 
 discretion, subject to the limitations contained in Article four- 
 teen, any p>erson who uses any menacing words, signs, or ges- 
 tures in its presence, or who disturbs its proceedings by any 
 riot or disorder. [M.C.M., par. 173.] 
 
 "Art. 33. Records — General courts-martial. — Each 
 general court-martial shall keep a separate record of its pro- 
 ceedings in the trial of each case brought before it, and such 
 record shall be authenticated by the signature of the president 
 and the judge advocate; but in case the record can not be 
 authenticated by the judge advocate, by reason of his death, 
 disability, or absence, it shall be signed by the president and an 
 assistant judge advocate, if any; and if there be no assistant 
 judge advocate, or in case of his death, disability, or absence, 
 then by the president and one other member of the court. 
 [M.C.M., pars. 95, 107, m (d), 354-357, 400, and pages 357- 
 364 and 375.] 
 
 "Art. 34. Records — Special and summary courts- 
 martial. — Each special court-martial and each summary 
 court-martial shall keep a record of its proceedings, separate for 
 each case, which record shall contain such matter and be 
 authenticated in such manner as may be required by regu- 
 lations which the President may from time to time prescribe. 
 [M.C.M., pars. 154 (d), 358-363, 400, and pages 365-367 and 
 376-377.] 
 
 "Art. 35. Disposition of records — General courts- 
 martial. — The judge advocate of each general court-martial 
 
15 
 
 shall, with such expedition as circumstances may permit, 
 forward to the appointing authority or to his successor in com- 
 mand the original record of the proceedings of such court in the 
 trial of each case. All records of such proceedings shall, after 
 having been finally acted upon, be transmitted to the Judge 
 Advocate General of the Army. [M.C.M., pars. 366-368.] 
 
 "Art. 36. Disposition of records — Special and sum- 
 mary COURTS-MARTIAL. — After having been acted upon by the 
 oflBcer appointing the court, or by the oflScer commanding for * 
 the time being, the record of each trial by special court-martial 
 and a report of each trial by summary court-martial shall be 
 transmitted to such general headquarters as the President may 
 designate in regulations, there to be filed in the office of the 
 judge advocate. When no longer of use, records of special 
 and summary courts-martial may be destroyed. [M.C.M., 
 pars. 366-368.] 
 
 "Art. 37. Irregularities — Effect of. — The proceed- 
 ings of a court-martial shall not be held invalid, nor the findings 
 or sentence disapproved, in any case on the ground of improper 
 admission or rejection of evidence or for any error as to any 
 matter of pleading or procedure unless in the opinion of the 
 reviewing or confirming authority, after an examination of 
 the entire proceedings, it shall appear that the error complained 
 of has injuriously affected the substantial rights of an accused: 
 Provided, That the act or omission upon which the accused has 
 been tried constitutes an offense denounced and made punish- 
 able by one or more of these articles : Provided further. That 
 the omission of the words 'hard labor' in any sentence of a 
 court-martial adjudging imprisonment or confinement shall 
 not be construed as depriving the authorities executing such 
 sentence of imprisonment or confinement of the power to 
 require hard labor as a part of the punishment in any case 
 where it is authorized by the Executive order prescribing maxi- 
 
16 
 
 mum punishments. [M.C.M., pars. 3h 7Jf (e), 101, 322, 352- 
 353, 36J^-365.] 
 
 "Art. 38. President may prescribe rules. — The Presi- 
 dent may by regulations, which he may modify from time to 
 time, prescribe the procedure, including modes of proof, in cases 
 before courts-martial, courts of inquiry, military commissions, 
 and other military tribunals: Provided, That nothing contrary 
 to or inconsistent with these articles shall be so prescribed: 
 Provided further. That all rules made in pursuance of this article 
 shall be laid before the Congress annually. [M.C.M., pars. 
 198-199.] 
 
 "e. limitations upon prosecutions 
 
 (C 
 
 'Art. 39. As to time. — Except for desertion committed in 
 time of war, or for mutiny or murder, no person subject to mili- 
 tary law shall be liable to be tried or punished by a court- 
 martial for any crime or offense committed more than two years 
 before the arraignment of such person: Provided, That for de- 
 sertion in time of j>eace or for any crime or offense punishable 
 under articles ninety-three and ninety-four of this code the 
 period of limitations upon trial and punishment by court- 
 martial shall be three years : Provided further. That the period 
 of any absence of the accused from the jurisdiction of the 
 United States, and also any period during which by reason of 
 some manifest imp)ediment the accused shall not have been 
 amenable to military justice, shall be excluded in computing 
 the aforesaid periods of limitation: And provided further. That 
 this article shall not have the effect to authorize the trial or 
 punishment for any crime or offense barred by the provisions of 
 existing law. [M.C.M., pars. 1^9, U51.] 
 
 "Art. 40. As to number. — No person shall be tried a 
 second time for the same oflFense. [M.C.M., par. 149.] 
 
17 
 
 "f. punishments 
 
 *'Art. 41. Certain kinds prohibited. — Punishment by 
 flogging, or by branding, marking, or tattooing on the body is 
 prohibited. [M.C.M., pars. 3^-3 Jf5.] 
 
 "Art. 42. Places of confinement — When latvtul. — 
 Except for desertion in time of war, repeated desertion in time 
 of peace, and mutiny, no i>erson shall under the sentence of a 
 court-martial be punished by confinement in a penitentiary 
 unless an act or omission of which he is con\'icted is recognized 
 as an offense of a civil nature by some statute of the United 
 States, or at the common law as the same exists in the District 
 of Columbia, or by way of commutation of a death sentence, 
 and unless, also, the period of confinement authorized and ad- 
 judged by such court-martial is one year or more: Provided, 
 That when a sentence of confinement is adjudged by a court- 
 martial upon con\'iction of two or more acts or omissions any 
 one of which is punishable under these articles by confinement 
 in a penitentiary, the entire sentence of confinement may be 
 executed in a penitentiary: Provided further , That p>enitentiary 
 confinement hereby authorized may be served in any i>eni- 
 tentiary directly or indirectly under the jurisdiction of the 
 United States: Provided further. That persons sentenced to 
 dishonorable discharge and to confinement not in a peniten- 
 tiary, shall be confined in the United States Disciplinary Bar- 
 racks or elsewhere as the Secretary of War or the reviewing 
 authority may direct, but not in a penitentiary. [M.C.M., pars. 
 337-339, 341, 396-399.] 
 
 "Art. 43. Death sentence — When lawful. — No per- 
 son shall, by general court-martial, be convicted of an offense 
 for which the death penalty is made mandatory by law, nor 
 sentenced to suffer death, except by the concurrence of two- 
 thirds of the members of said court-martial and for an offense 
 
18 
 
 in these articles expressly made punishable by death. All other 
 convictions and sentences, whether by general or special court- 
 martial, may be determined by a majority of the members 
 present. [M.C.M., pars. 40-^1, 90, 295, 308, 3^6, 378, 391.] 
 
 "Art. 44. Cowardice; fraud — Accessory penalty. — 
 When an oflBcer is dismissed from the service for cowardice or 
 fraud, the crime, punishment, name, and place of abode of the 
 delinquent shall be published in the newspapers in and about the 
 camp and in the State from which the offender came or where 
 he usually resides; and after such publication it shall be scan- 
 dalous for an officer to associate with him. [M.C.M., par. 344-] 
 
 "Art. 45. Maximum limits. — Whenever the punishment 
 for a crime or offense made punishable by these articles is left 
 to the discretion of the court-martial, the punishment shall not, 
 in time of peace, exceed such limit or limits as the President 
 may from time to time prescribe. [M.C.M., pars. 40, 42, 4-4> 
 306-307, 309-328, 330-333, 340-349, 400, and pages 369-370 
 and 375-377. 
 
 "g. action by appointing or superior authority 
 
 {< 
 
 Art. 46. Approval and execution of sentence. — No 
 sentence of a court-martial shall be carried into execution until 
 the same shall have been approved by the officer appointing the 
 court or by the officer commanding for the time being. [M.C.M., 
 pars. 369-376 and pages 371-373.] 
 
 "Art. 47. Powers incident to power to approve. — The 
 power to approve the sentence of a court-martial shall be held 
 to include: 
 
 "(a) The power to approve or disapprove a finding and to 
 approve only so much of a finding of guilty of a particular 
 offense as involves a finding of guilty of a lesser included offense 
 when, in the opinion of the authority having power to approve. 
 
19 
 
 the evidence of record requires a finding of only the lesser de- . 
 gree of guilt; and 
 
 " (b) The power to approve or disapprove the whole or any 
 part of the sentence. [M.C.M., par. 377.] 
 
 "Art. 48. Confirmation — When required. — In ad- 
 dition to the approval required by Article forty-six, confirma- 
 tion by the President is required in the following cases before 
 the sentence of a court-martial is carried into execution, namely : 
 
 "(a) Any sentence respecting a general officer: 
 
 "(b) Any sentence extending to the dismissal of an officer, 
 except that in time of war a sentence extending to the dismissal 
 of an officer below the grade of brigadier general may be car- 
 ried into execution upon confirmation by the commanding gen- 
 eral of the Army in the field or by the commanding general of 
 the territorial department or division; 
 
 "(c) Any sentence extending to the suspension or dismissal 
 of a cadet; and 
 
 "(d) Any sentence of death, except in the cases of persons 
 convicted in time of war of murder, rape, mutiny, desertion, 
 or as spies; and in such excepted cases a sentence of death 
 may be carried into execution upon confirmation by the com- 
 manding general of the Army in the field or by the commanding 
 general of the territorial department or division. 
 
 "When the authority competent to confirm the sentence has 
 already acted as the approving authority no additional con- 
 firmation by him is necessary. [M.C.M., par. 378.] 
 
 "Art. 49. Powers incident to power to confirm. — 
 The power to confirm the sentence of a court-martial shall be 
 held to include: 
 
 " (a) The power to confirm or disapprove a finding, and to 
 confirm so much only of a finding of guilty of a particular of- 
 fense as involves a fijiding of guilty of a lesser included offense 
 when, in the opinion of the authority having power to con- 
 
20 
 
 firm, the evidence of record requires a finding of only the lesser 
 degree of guilt; and 
 
 " (b) The power to confirm or disapprove the whole or any 
 part of the sentence. [M.C.M., pars. 377, 379, 386, 388.] 
 
 "Art. 50. Mitigation or remission of sentences. — The 
 power to order the execution of the sentence adjudged by a 
 court-martial shall be held to include, inter alia, the power to 
 mitigate or remit the whole or any part of the sentence, but no 
 sentence of dismissal of an officer and no sentence of death shall 
 be mitigated or remitted by any authority inferior to the 
 President. 
 
 "Any unexecuted portion of a sentence adjudged by a court- 
 martial may be mitigated or remitted by the military authority 
 competent to appoint, for the command, exclusive of peniten- 
 tiaries and the United States Disciplinary Barracks, in which 
 the person under sentence is held, a court of the kind that im- 
 posed the sentence, and the same power may be exercised by 
 superior military authority; but no sentence extending to the 
 dismissal of an officer or loss of files, no sentence of death, and 
 no sentence approved or confirmed by the President shall be 
 remitted or mitigated by any other authority. 
 
 "The power of remission and mitigation shall extend to all 
 uncollected forfeitures adjudged by sentence of a court-mar- 
 tial. [M.C.M., pars. 380-385, 390, m-W3.] 
 
 "Art 51. Suspension of sentences of dismissal or 
 DEATH. — The authority competent to order the execution of a 
 sentence of dismissal of an officer or a sentence of death may sus- 
 pend such sentence until the pleasure of the President be known, 
 and in case of such suspension a copy of the order of suspen- 
 sion, together with a copy of the record of trial, shall imme- 
 diately be transmitted to the President. [M.C.M., par. 391.] 
 
 "Art. 52. Suspension of sentence of dishonorable 
 DISCHARGE. — The authority competent to order the execution 
 
21 
 
 of a sentence, including dishonorable discharge, may suspyend 
 the execution of the dishonorable discharge until the soldier's 
 release from confinement; but the order of suspension may be 
 vacated at any time and the execution of the dishonorable 
 discharge directed by the officer having general court-martial 
 jurisdiction over the command, exclusive of penitentiaries and 
 the United States Disciplinary Barracks, in which the soldier is 
 held or by the Secretary of War. [M.C.M., par. 393.] 
 
 "Art. 53. Suspension of sentences of forfeiture or 
 CONFINEMENT. — The authority competent to order the exe- 
 cution of a sentence adjudged by a court-martial may, if the 
 sentence involve neither dismissal nor dishonorable discharge, 
 suspend the execution of the sentence in so far as it relates to the 
 forfeiture of pay or to confinement, or to both; and the p>erson 
 under sentence may be restored to duty during the suspension of 
 confinement. At any time within one year after the date of the 
 order of suspension such order may, for sufficient cause, be va- 
 cated and the execution of the sentence directed by the mihtary 
 authority comp)etent to order the execution of like sentences in 
 the command, exclusive of |>enitentiaries and the United States 
 Disciplinary Barracks, to which the person under sentence be- 
 longs or in which he may be found; but if the order of suspen- 
 sion be not vacated within one year after the date thereof the 
 susj)ended sentence shall be held to have been remitted. [M.C.M.^ 
 par. 392 and page 373.] 
 
 "III. PUNITIVE ARTICLES 
 
 **A. enlistment; muster; returns 
 
 "Art. 54. Fraudulent enlistment. — Any person who 
 shall procure himself to be enlisted in the military service of 
 the United States by means of willful misrepresentation or con- 
 
22 
 
 cealment as to his qualifications for enlistment, and shall re- 
 ceive pay or allowances under such enlistment, shall be punished 
 as a court-martial may direct. [M.C.M., pars. 60, 74 (w), 1^9, 
 281, 405, and pages 335-337, and 393-396.] 
 
 "Art. 55. Officer making unlawful enlistment. — 
 Any officer who knowingly enlists or musters into the military 
 service any person whose enlistment or muster in is prohibited 
 by law, regulations, or orders shall be dismissed from the serv- 
 ice or suffer such other punishment as a court-martial may 
 direct. [M.C.M., pars. 281, 312, 320, 378, 407, and page 
 337.] 
 
 "Art. 5Q. Muster rolls — False muster. — At every 
 muster of a regiment, troop, batter3% or company the command- 
 ing officer thereof shall give to the mustering officer certificates, 
 signed by himself, stating how long absent officers have been 
 absent and the reasons of their absence. And the command- 
 ing officer of every troop, battery, or company shall give like 
 certificates, stating how long absent non-commissioned officers 
 and private soldiers have been absent and the reasons of their 
 absence. Such reasons and time of absence shall be inserted in 
 the muster rolls opposite the names of the respective absent 
 officers and soldiers, and the certificates, together with the mus- 
 ter rolls, shall be transmitted by the mustering officer to the 
 Department of War as speedily as the distance of the place and 
 muster will admit. Any officer who knowingly makes a false 
 muster of man or animal, or who signs or directs or allows the 
 signing of any muster roll knowing the same to contain a false 
 muster or false statement as to the absence or pay of an officer 
 or soldier, or who wrongfully takes money or other considera- 
 tion on mustering in a regiment, company, or other organiza- 
 tion, or on signing muster rolls, or who knowingly musters as 
 an officer or soldier a person who is not such officer or soldier, 
 shall be dismissed from the service and suffer such other pun- 
 
S3 
 
 ishment as a court-martial may direct. [M.C.M., pars. 281, 
 320, 378, Jt07, and page 337.] 
 
 "Art. 57. False returns — Omission to render re- 
 turns. — Every officer commanding a regiment, an indepen- 
 dent troop, battery, or company, or a garrison, shall, in the 
 beginning of every month, transmit through the proper chan- 
 nels, to the Department of War, an exact return of the same, 
 specifying the names of the officers then absent from their posts, 
 with the reasons for and the time of their absence. Every offi- 
 cer whose duty it is to render to the War Department or other 
 superior authority a return of the state of the troops under his 
 command, or of the arms, ammunitions, clothing, funds, or 
 other property thereunto belonging, who knowmgly makes a 
 false return thereof shall be dismissed from the service and 
 suffer such other punishment as a court-martial may direct. 
 And any officer who, through neglect or design, omits to render 
 such return shall be punished as a court-martial may direct. 
 [M.C.M., pars. 281, 320, 378, m, and page 338.] 
 
 " B. desertion — absence without leave 
 
 "Art. 58. Desertion. — Any person subject to military law 
 who deserts or attempts to desert the service of the United States 
 shall, if the offense be committed in time of war, suffer death or 
 such other punishment as a court-martial may direct, and, if 
 the oflFense be committed at any other time, any punishment, 
 excepting death, that a court-martial may direct. [M.C.M., 
 pars. 41, 60, 74- (n), U9, 281, 28^-286, 3^0, 378, 409, and pages 
 336, 338, 378, and 393-396.] 
 
 "Art. 59. Advising or aiding another to desert. — Any 
 person subject to military law who advises or persuades or 
 knowingly assists another to desert the service of the United 
 States shall, if the offense be committed in time of war, suffer 
 
death, or such other punishment as a court-martial may di- 
 rect, and, if the offense be committed at any other time, any 
 punishment, excepting death, that a court-martial may direct. 
 [M.C.M., pars. U, 378, UO, and page 338.] 
 
 "Aht. 60. Entertaining a deserter. — Any officer who, 
 after having discovered that a soldier in his command is a 
 deserter from the military or naval service or from the Marine 
 Corps, retains such deserter in his command without informing 
 superior authority or the commander of the organization to 
 wliich the deserter belongs, shall be punished as a court-martial 
 may direct. [M.C.M., par. 411 and page 339.] 
 
 "Art. 61. Absence without leave. — Any person subject 
 to military law who fails to repair at the fixed time to the 
 properly appointed place of duty, or goes from the same without 
 proper leave, or absents himself from his command, guard, 
 quarters, station, or camp without proper leave, shall be punished 
 as a court-martial may direct. [M.C.M., pars. 66, 1J^9, 281, 
 283-284, 412, and page 339.] 
 
 *'c. disrespect — insubordination — mutiny 
 
 "Art. 62. Disrespect toward the President, Vice 
 President, Congress, Secretary of War, governors, 
 legislatures. — Any officer who uses contemptuous or dis- 
 respectful words against the President, Vice President, the 
 Congress of the United States, the Secretary of War, or the 
 governor or legislature of any State, Territory, or other posses- 
 sion of the United States in which he is quartered shall be dis- 
 missed from the service or suffer such other punishment as a 
 court-martial may direct. Any other person subject to military 
 law who so offends shall be punished as a court-martial may 
 direct. [M.C.M., pars. 312, 378, U3, and page 339.] 
 
 "Art. 63. Disrespect toward superior officer. — Any 
 
25 
 
 person subject to military law who behaves himself wnth dis- 
 respect toward his superior officer shall be punished as a court- 
 martial may direct. [M.C.M., par. 41Jf and page 339.] 
 
 "Art. 64. Assaulting or willfully disobeying superior 
 OFFICER. — Any person subject to mihtary law who, on any 
 pretense whatsoever, strikes his superior officer or draws or 
 lifts up any weapon or offers any violence against him, being 
 in the execution of liis office, or willfully disobej^s any lawful 
 command of his superior officer, shall suffer death or such other 
 punishment as a court-martial may direct. [M.C.M., pars. 
 41, 7i (d), 286, 378, ^15, and page 339.] 
 
 "Art. 65. Insubordinate conduct toward noncom- 
 missioned OFFICER. — Any soldier who strikes or assaults, 
 or who attempts or threatens to strike or assault, or will- 
 fully disobeys the lawful order of a noncommissioned offi- 
 cer while in the execution of liis office, or uses threaten- 
 ing or insulting language, or behaves in an insubordinate 
 or disrespectful manner toward a noncommissioned officer while 
 in the execution of his office, shall be punished as a court- 
 martial may direct. [M.C.M., pars. U6> W {IX), and pages 
 
 339-3W-] 
 
 "Art. 66. Mutiny or sedition. — Any person subject to 
 military law who attempts to create or who begins, excites, 
 causes, or joins in any mutiny or sedition in any company, party, 
 post, camp, detachment, guard, or other command shall suffer 
 death or such other punishment as a court-martial may direct. 
 [M.C.M., pars. U, 378, U7, and page 3JfO.] 
 
 "Art. 67. Failure to suppress mutiny or sedition. — 
 Any officer or soldier who, being present at any mutiny or 
 sedition, does not use his utmost endeavor to suppress the same, 
 or knowing or having reason to believe that a mutiny or sedition 
 is to take place, does not without delay give information thereof 
 to his commanding officer shall suffer death or such other 
 
26 
 
 punishment as a court-martial may direct. [M.C.M., pars. j^I, 
 378, 418, and page SJ^O.] 
 
 "Art. 68. Quarrels; frays; disorders. — All ojQBcers 
 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 circumstances may require, 
 until their prof>er superior officer is acquainted therewith. And 
 whosoever, being so ordered, refuses to obey such officer or 
 noncommissioned officer or draws a weapon upon or otherwise 
 threatens or does violence to him shall be punished as a court- 
 martial may direct. [M.C.M., pars. Ifl^ 52, 419, and page 3^0.] 
 
 *'d. arrest; confinement. 
 
 "Art. 69. Arrest or confinement of accused persons. — 
 An officer charged with crime or with a serious oflFense under 
 these articles shall be placed in arrest by the commanding 
 officer, and in exceptional cases an officer so charged may be 
 placed in confinement by the same authority. A soldier charged 
 with crime or with a serious offense under these articles shall be 
 placed in confinement, and when charged with a minor offense 
 he may be placed in arrest. Any other person subject to military 
 law charged with crime or with a serious offense under these 
 articles shall be placed in confinement or in arrest, as circum- 
 stances may require; and when charged with a minor offense 
 such person may be placed in arrest. Any person placed in 
 arrest under the provisions of this article shall thereby be 
 restricted to his barracks, quarters, or tent, unless such limits 
 shall be enlarged by proper authority. Any officer who breaks 
 his arrest or who escapes from confinement before he is set at 
 liberty by proper authority shall be dismissed from the service 
 
27 
 
 or suffer such other punishment as a court-martial may direct; 
 and any other person subject to miHtary law who escapes from 
 confinement or who breaks his arrest before he is set at liberty 
 by proper authority shall be punished as a court-martial may 
 direct. [M.C.M., pars. Jf6-57, 378, Ji.20, and page 3^0.] 
 
 *'Akt. 70. Investigation of and action upon charges. — 
 No person put in arrest shall be continued in confinement more 
 than eight days, or until such time as a court-martial can be 
 assembled. When any person is put in arrest for the purpose 
 of trial, except at remote military posts or stations, the officer 
 by whose order he is arrested shall see that a copy of the charges 
 on which he is to be tried is served upon him within eight days 
 after his arrest, and that he is brought to trial within ten days 
 thereafter, unless the necessities of the service prevent such 
 trial; and then he shall be brought to trial within thirty days 
 after the expiration of said ten days. If a copy of the charges 
 be not served, or the arrested person be not brought to trial, as 
 herein required, the arrest shall cease. But persons released 
 from arrest, under the provisions of this -article, may be tried, 
 whenever the exigencies of the service shall permit, within 
 twelve months after such release from arrest: Provided, That 
 in time of peace no person shall, against his objection, be brought 
 to trial before a general court-martial within a period of five 
 days subsequent to the service of charges upon him. [M.C.M., 
 pars, 5^, 77, 80.] 
 
 "Akt. 71. Refusal to receive and keep prisoners. — 
 No provost marshal or commander of a guard shall refuse to 
 receive or keep any prisoner committed to his charge by an officer 
 belonging to the forces of the United States, provided the officer 
 committing shall, at the time, deHver an account in writing, 
 signed by himself, of the crime or offense charged agamst the 
 prisoner. Any officer or soldier so refusing shall be punished as a 
 court-martial may direct. [M.C.M., pars. 55, J^21, and page 3Jf2.] 
 
28 
 
 "Art. 72. Report of prisoners received. — Every com- 
 mander of a guard to whose charge a prisoner is committed 
 shall, within twenty-four hours after such confinement, or as 
 soon as he is relieved from his guard, report in writing to the 
 commanding officer the name of such prisoner, the offense 
 charged against him, and the name of the officer committing 
 him; and if he fails to make such report he shall be punished 
 as a court-martial may direct. [M.C.M., pars. 55, Jf22y and page 
 
 "Art. 73. Releasing prisoner without proper author- 
 ity. — Any person subject to military law who, without proper 
 authority, releases any prisoner duly committed to his charge, 
 or who through neglect or design suffers any prisoner so com- 
 mitted to escape, shall be punished as a court-martial may 
 direct. [M.C.M., pars. 57,2IiS, and page 3^.] 
 
 "Art. 74. Delivery of offenders to civil authorities. 
 — When any person subject to mihtary law, except one who is 
 held by the military authorities to answer, or who is awaiting 
 trial or result of trial, or who is undergoing sentence for a crime 
 or offense punishable under these articles, is accused of a crime 
 or offense committed within the geographical limits of the States 
 of the Union and the District of Columbia, and punishable by 
 the laws of the land, the commanding officer is required, except 
 in time of war, upon application duly made, to use his utmost 
 endeavor to deliver over such accused person to the civil authori- 
 ties, or to aid the officers of justice in apprehending and securing 
 him, in order that he may be brought to trial. Any command- 
 ing officer who upon such application refuses or willfully neglects, 
 except in time of war, to deliver over such accused person to 
 the civil authorities or to aid the officers of justice in apprehend- 
 ing and securing him shall be dismissed from the service or 
 suffer such other punishment as a court-martial may direct. 
 
 " When, under the provisions of this article, delivery is made 
 
29 
 
 to the civil authorities of an offender undergoing sentence of a 
 court-martial, such delivery, if followed by conviction, shall 
 be held to interrupt the execution of the sentence of the court- 
 martial, and the offender shall be returned to military custody, 
 after having answered to the civil authorities for his offense, 
 for the completion of the said court-martial sentence. [M.C.M., 
 pars. 35, 281, 312, 378, m, ^2J^'] 
 
 **E. WAR OFFENSES. 
 
 "Art. 75. Misbehavior before the enemy. — Any officer 
 or soldier who misbehaves himself before the enemy, runs away, 
 or shamefully abandons or delivers up any fort, post, camp, 
 guard, or other command which it is his duty to defend, or 
 speaks words inducing others to do the like, or casts away his 
 arms or ammunition, or quits his post or colors to plunder or 
 pillage, or by any means whatsoever occasions false alarms in 
 camp, garrison, or quarters, shall suffer death or such other 
 punishment as a court-martial may direct. [M.C.M., pars. 4^1, 
 3^7, 378, Ji.25, and pages 3^-3^2.] 
 
 "Art. 76. Subordinates compelling commander to sur- 
 render. — If any commander of any garrison, fort, post, 
 camp, guard, or other command is compelled, by the officers 
 or soldiers under his command, to give it up to the enemy or 
 to abandon it, the officers or soldiers so offendmg shall suffer 
 death or such other punishment as a court-martial may direct. 
 [M.C.M., pars. U, 378, 426, and page 3^2.] 
 
 "Art. 77. Lmproper use of countersign. — Any person 
 subject to military law who makes knowTi the parole or counter- 
 sign to any person not entitled to receive it according to the 
 rules and disciphne of war, or gives a parole or countersign 
 different from that which he received, shall, if the offense be 
 committed in time of war, suffer death or such other punish- 
 
30 
 
 ment as a court-martial may direct. [M.C.M., pars. U, 378, 
 J^27, and page 3Jt.2.] 
 
 "Art. 78. Forcing a safeguard. — Any person subject to 
 military law who, in time of war, forces a safeguard shall suffer 
 death or such other punishment as a court-martial may direct. 
 [M.C.M., pars, ^i, 378, m, and page 3^2.] 
 
 "Art. 79. Captured property to be secured for public 
 SERVICE. — All public property taken from the enemy is the 
 property of the United States and shall be secured for the 
 service of the United States, and any person subject to military 
 law who neglects to secure such property or is guilty of wrongful 
 appropriation thereof shall be punished as a court-martial may 
 direct. [M.C.M., pars. J^29-J^30 and pages 3^2-3JfS.] 
 
 "Art. 80. Dealing in captured or abandoned property. 
 — Any person subject to military law who buys, sells, trades, 
 or in any way deals in or disposes of captured or abandoned 
 property, whereby he shall receive or expect any profit, benefit, 
 or advantage to himself or to any other person directly or 
 indirectly connected with himself, or who fails whenever such 
 property comes into his possession or custody or within his 
 control to give notice thereof to the proper authority and 
 to turn over such property to the proper authority without 
 delay, shall, on conviction thereof, be punished by fine or 
 imprisonment, or by such other punishment as a court-mar- 
 tial, military commission, or other mihtary tribunal may ad- 
 judge, or by any or all of said penalties. [M.C.M., par. Jt^O 
 and page 3JtS.] 
 
 "Art. 81. Relieving, corresponding with, or aiding 
 the enemy. — Whosoever relieves the enemy with arms, 
 ammunition, supplies, money, or other thing, or knowingly 
 harbors or protects or holds correspondence with or gives 
 intelligence to the enemy, either directly or indirectly, shall 
 suffer death, or such other punishment as a court-martial or 
 
31 
 
 military commission may direct. [M.C.M., pars. 4-1, 378, 431, 
 and page 343.] 
 
 "Art. 82. Spies. — Any j>erson who in time of war shall be 
 found lurking or acting as a spy in or about any of the fortifica- 
 tions, posts, quarters, or encampments of any of the armies of 
 the United States, or elsewhere, shall be tried by a general 
 court-martial or by a military commission, and shall, on con- 
 viction thereof, suffer death. [M.C.M., pars. 13, 39-41, 308, 
 378, 432, and pages 343-344-] 
 
 "f. miscellaneous crimes and offenses 
 
 (( 
 
 Art. 83. Military property — Willful or negligent 
 loss, damage, or wrongful disposition of. — Any person 
 subject to military law who willfully, or through neglect, suffers 
 to be lost, spoiled, damaged, or wrongfully disposed of, any 
 military proi>erty belonging to the United States shall make 
 good the loss or damage and suffer such punishment as a court- 
 martial may direct. [M.C.M., pars. 281, 433, and page 344-] 
 
 "Art. 84. Waste or unlawful disposition of military 
 PROPERTY ISSUED TO SOLDIERS. — Any soldier who sells or 
 wrongfully disposes of or willfully or through neglect injures or 
 loses any horse, arms, ammunition, accouterments, equipment, 
 clothing, or other property issued for use in the military service, 
 shall be punished as a court-martial may direct. [M.C.M., pars. 
 74 (c), 281, 299, 434, and page 344] 
 
 "Art. 85. Drunk on duty. — Any oflScer who is found drunk 
 on duty shall, if the offense be committed in time of war, be 
 dismissed from the service and suffer such other punishment 
 as a court-martial may direct; and if the offense be committed 
 in time of peace, he shall be punished as a court-martial may 
 direct. Any person subject to military law, except an officer, 
 who is found drunk on duty shall be punished as a court-mar- 
 
32 
 
 tial may direct. [M.C.M., pars. W, Tk ip), ^87, 30J^, S78, 1^5, 
 and page SIt-If] 
 
 "Art. 86. Misbehavior of sentinel. — Any sentinel who 
 is found drunk or sleeping upon his post, or who leaves it before 
 he is regularly relieved, shall, if the offense be committed in 
 time of war, suffer death or such other punishment as a court- 
 martial may direct; and if the offense be committed in time of 
 peace, he shall suffer any punishment, except death, that a court- 
 martial may direct. [M.C.M.y pars. U, 281 y 378, Jt36, and page 
 
 3U-] 
 
 "Art. 87. Personal interest in sale of provisions. — 
 Any officer commanding in any garrison, fort, barracks, camp, 
 or other place where troops of the United States may be serv- 
 ing who, for his private advantage, lays any duty or imposi- 
 tion upon or is interested in the sale of any victuals or other ne- 
 cessaries of hfe brought into such garrison, fort, barracks, camp, 
 or other place for the use of the troops, shall be dismissed from 
 the service and suffer such other punishment as a court-mar- 
 tial may direct. [M.C.M., pars. kO, 378, J^37, and page 3U-] 
 
 "Art. 88. Intimidation of persons bringing provisions. 
 — Any person subject to military law who abuses, intimidates, 
 does violence to, or wrongfully interferes with any person 
 bringing provisions, supplies, or other necessaries to the camp, 
 garrison, or quarters of the forces of the United States shall 
 suffer such punishment as a court-martial may direct. [M.C.M., 
 par. 1^38 and pages 3^4--3J^5.] 
 
 "Art. 89. Good order to be maintained and wrongs 
 redressed. — All persons subject to military law are to be- 
 have themselves orderly in quarters, garrison, camp, and on the 
 march; and any person subject to military law who commits 
 any waste or spoil, or willfully destroys any property whatso- 
 ever (unless by order of his commanding officer), or commits 
 any kind of depredation or riot shall be punished as a court- 
 
33 
 
 martial may direct. Any commanding officer who, upon com- 
 plaint made to him, refuses or omits to see reparation made to the 
 party injured, in so far as the offender's pay shall go toward 
 such reparation, as provided for in article one hundred and five, 
 shall be dismissed from the service, or otherwise punished, as 
 a court-martial may direct. [M.C.M., pars. 4S9, 4^1, and page 
 
 * ' Akt. 90. Provoking speeches or gestures. — No per- 
 son subject to military law shall use any reproachful or pro- 
 voking sj>eeches or gestures to another; and any person subject 
 to military law who offends against the provisions of this arti- 
 cle shall be punished as a court-martial may direct. [M.C.M., 
 par. Jf-ItO and page 34-5.] 
 
 "Art. 91. Dueling. — Any person subject to military law 
 who fights or promotes or is concerned in or connives at fight- 
 ing a duel, or who ha\'ing knowledge of a challenge sent or about 
 to be sent fails to report the fact promptly to the proper au- 
 thority shall, if an officer, be dismissed from the service or suffer 
 such other punishment as a court-martial may direct; and if 
 any other person subject to mihtary law, shall suffer such pun- 
 ishment as a court-martial may direct. [M.C.M., pars. 37 Sy 
 44-1 , and page 345.] 
 
 "Art. 92. Murder — Rape. — Any person subject to 
 military law who commits murder or rape shall suffer death or 
 imprisonment for life, as a court-martial may direct; but no 
 person shall be tried by court-martial for murder or rape com- 
 mitted within the geographical limits of the States of the Union 
 and the District of Columbia in time of peace. [M.C.M., 
 pars. 35, 40, 346, 378, ^^^, and page 346.] 
 
 "Art. 93. Various crimes. — Any person subject to mili- 
 tary law who commits manslaughter, mayhem, arson, burglary, 
 robbery, larceny, embezzlement, perjury, assault with intent to 
 commit any felony, or assault with intent to do bodily harm, 
 
34 
 
 shall be punished as a court-martial may direct. [M.C.M.y 
 pars. 35, U9, 280, 285, W, and page 3^6.] 
 
 "Art. 94. Frauds against the Governisient. — Any per- 
 son subject to military law who makes or causes to be made 
 any claim against the United States, or any officer thereof, 
 knowing such claim to be false or fraudulent; or 
 
 "Who presents or causes to be presented to any person in the 
 civil or military service thereof, for approval or payment, any 
 claim against the United States, or any officer thereof, knowing 
 such claim to be false or fraudulent; or 
 
 "Who enters into any agreement or conspiracy to defraud 
 the United States by obtaining, or aiding others to obtain, the 
 allowance or payment of any false or fraudulent claim; or 
 
 "Who, for the purpose of obtaining, or aiding others to ob- 
 tain, the approval, allowance, or payment of any claim against 
 the United States or against any officer thereof, makes or uses, 
 or procures, or advises the making or use of, any writing or other 
 paper, knowing the same to contain any false or fraudulent 
 statements; or 
 
 " Who, for the purpose of obtaining, or aiding others to obtain, 
 the approval, allowance, or payment of any claim against the 
 United States or any officer thereof, makes, or procures, or ad- 
 vises the making of, any oath to any fact or to any writing or 
 other paper knowing such oath to be false; or 
 
 "Who, for the purpose of obtaining, or aiding others to obtain, 
 the approval, allowance, or payment of any claim against the 
 United States or any officer thereof, forges or counterfeits, or 
 procures, or advises the forging or counterfeiting of any signa- 
 ture upon any writing or other paper, or uses, or procures, or 
 advises the use of any such signature, knowing the same to be 
 forged or counterfeited; or 
 
 "Who, having charge, possession, custody, or control of any 
 money or other property of the United States, furnished or in- 
 
35 
 
 tended for the military service thereof, knowingly delivers, or 
 causes to be delivered, to any person having authority to re- 
 ceive the same, any amount thereof less than that for which he 
 receives a certificate or receipt; or 
 
 "Who, being authorized to make or deliver any paper certi- 
 fying the receipt of any property of the United States furnished 
 or intended for the military service thereof, makes or deHvers 
 to any person such writing, without having full knowledge of the 
 truth of the statements therein contamed and with intent to 
 defraud the United States; or 
 
 "Who steals, embezzles, knowingly and willingly misappro- 
 priates, applies to his ow^n use or benefit, or wrongfully or 
 knowingly sells or disposes of any ordnance, arms, equipments, 
 ammunition, clothing, subsistence stores, money, or other 
 property of the United States furnished or mtended for the 
 military service thereof; or 
 
 " ^^^lO knowingly purchases or receives in pledge for any obli- 
 gation or indebtedness from any soldier, officer, or other person 
 who is a part of or employed in said forces or service, any ord- 
 nance, arms, equipment, ammunition, clothing, subsistence 
 stores, or other property of the United States, such soldier, offi- 
 cer, or other person not havmg law^ful right to sell or pledge the 
 
 same; 
 
 "Shall, on conviction thereof, be punished by fine or imprison- 
 ment, or by such other punishment as a court-martial may ad- 
 judge, or by any or all of said penalties. And if any person, 
 being guilty of any of the offenses aforesaid while m the mihtary 
 service of the United States, receives his discharge or is dis- 
 missed from the service, he shall continue to be liable to be ar- 
 rested and held for trial and sentence by a court-martial in the 
 same manner and to the same extent as if he had not received 
 such discharge nor been dismissed. [M.C.M., pars. 35, 38, 74 (o), 
 U9, 28G, 3Jt7, Uh and pages 3J^6-3J^8.] 
 
36 
 
 C( 
 
 'Art. 95. Conduct unbecoming an officer and gentle- 
 man. — Any officer or cadet who is convicted of conduct un- 
 becoming an officer and a gentleman shall be dismissed from the 
 service. [M.C.M., pars. W, 71, 308-309, 312, 378, Uo, and pages 
 3Jf8-3J^9.] 
 
 "Art. 96. General article. — Though not mentioned in 
 these articles, all disorders and neglects to the prejudice of good 
 order and military discipline, all conduct of a nature to bring dis- 
 credit upon the military service, and all crimes or offenses not 
 capital, of which persons subject to military law may be guilty, 
 shall be taken cognizance of by a general or special or summary 
 court-martial, according to the nature and degree of the offense, 
 and punished at the discretion of such court. [M.C.M., pars. 
 35, 71, 7J^ {e), 90, 173, 231, 235, 286, 29^, U5, ^20, m* U6, W, 
 and pages 336 and 3^9-352.] 
 
 "IV. COURTS OF INQUIRY 
 
 "Art. 97. When and by whom ordered. — A court of in- 
 quiry to examine into the nature of any transaction of or accu- 
 sation or imputation against any officer or soldier may be ordered 
 by the President or by any commanding officer; but a court of 
 inquiry shall not be ordered by any commanding officer except 
 upon the request of the officer or soldier whose conduct is to be 
 inquired into. [M.C.M., pars. 13, W-Ii.52.] 
 
 "Art. 98. Composition. — A court of inquiry shall consist 
 of three or more officers. For each court of inquiry the author- 
 ity appointing the court shall appoint a recorder. [M.C.M., 
 pars. k53-k57, J^65.] 
 
 "Art. 99. Challenges. — Members of a court of inquiry 
 may be challenged by the party whose conduct is to be inquired 
 into, but only for cause stated to the court. The court shall de- 
 termine the relevancy and validity of any challenge, and shall 
 
37 
 
 not receive a challenge to more than one member at a time. 
 The party whose conduct is being inquired into shall have the 
 right to be represented before the court by counsel of his own 
 selection, if such counsel be reasonably available. [M.C.M.y 
 par. 464-.] 
 
 "Art. 100. Oath of members and recorder. — The re- 
 corder of a court of inquiry shall administer to the members 
 the following oath: 'You, A. B., do swear (or affirm) that you 
 will well and truly examine and inquire, according to the evi- 
 dence, into the matter now before you, without partiality, favor, 
 affection, prejudice, or hope of reward. So help you, God.' 
 After which the president of the court shall administer to the 
 recorder the following oath: *You, A. B., do swear (or affirm) 
 that you will, according to your best abilities, accurately and 
 impartially record the proceedings of the court and the evidence 
 to be given in the case in hearing. So help you, God.' 
 
 "Li case of affirmation the closing sentence of adjuration will 
 be omitted. [M.C.M., par. ^66.] 
 
 "Art. 101. Powers; procedure. — A court of inquiry, and 
 the recorder thereof shall have the same power to summon and 
 examine witnesses as is given to courts-martial and the judge 
 advocate thereof. Such witnesses shall take the same oath or 
 affirmation that is taken by witnesses before courts-martial. A 
 reporter or an interpreter for a court of inquiry shall, before 
 entering upon his duties, take the oath or affirmation required 
 of a repK)rter or an interpreter for a court-martial. The party 
 whose conduct is being inquired into or his counsel, if any, 
 shall be f>ermitted to examine and cross-examine witnesses so as 
 fuUy to investigate the circumstances in question. [M.C.M.y 
 pars. J^58-J^72.] 
 
 "Art. 102. Opinion on merits of case. — A court of in- 
 quiry shall not give an opinion on the merits of the case inquired 
 into unless specially ordered to do so. [M.C.M., par. Ji.69.] 
 
38 
 
 "Art. 103. Record of proceedings — How authenti- 
 cated. — Each court of inquiry shall keep a record of its proceed- 
 ings, which shall be authenticated by the signature of the presi- 
 dent and the recorder thereof, and be forwarded to the conven- 
 ing authority. In case the record can not be authenticated by 
 the recorder, by reason of his death, disabihty, or absence, it shall 
 be signed by the president and by one other member of the 
 court. [M.C.M., pars. 272, ^75-^75.] 
 
 "V. MISCELLANEOUS PROVISIONS 
 
 "Art. 104. Disciplinary powers of commanding offi- 
 cers. — Under such regulations as the President may pre- 
 scribe, and which he may from time to time revoke, alter, or add 
 to, the commanding officer of any detachment, company, or 
 higher command may, for minor ofiFenses not denied by the ac- 
 cused, impose disciplinary punishments upon persons of his 
 command without the intervention of a court-martial, unless 
 the accused demands trial by court-martial. 
 
 "The disciplinary punishments authorized by this article 
 may include admonition, reprimand, withholding of privileges, 
 extra fatigue, and restriction to certain specified limits, but 
 shall not include forfeiture of pay or confinement under guard. 
 A person punished under authority of this article, who deems 
 his punishment unjust or disproportionate to the offense, may, 
 through the proper channel, appeal to the next superior author- 
 ity, but may in the meantime be required to undergo the pun- 
 ishment adjudged. The commanding officer who imposes the 
 punishment, his successor in command, and superior authority 
 shall have power to mitigate or remit any unexecuted portion 
 of the punishment. The imposition and enforcement of disci- 
 plinary punishment under authority of this article for any act or 
 omission shall not be a bar to trial by court-martial for a crime 
 
39 
 
 or offense growing out of the same act or omission; but the fact 
 that a discipHnary punishment has been enforced may be shown 
 by the accused upon trial, and when so shown shall be consid- 
 ered in determining the measure of punishment to be adjudged 
 in the event of a findmg of guilty. [M.C.M.. pars. 320, 333-336.] 
 "Art. 105. Injuries to person or property — Redress 
 QY. — Whenever complaint is made to any commanding officer 
 that damage has been done to the property of any person or that 
 his property has been wrongfully taken by persons subject to 
 military law, such complaint shall be investigated by a board 
 consisting of any number of officers from one to three, which 
 board shall be convened by the commanding officer and shall 
 have, for the purpose of such investigation, power to summon 
 witnesses and examine them upon oath or affirmation, to receive 
 depositions or other documentary evidence, and to assess the 
 damages sustained against the responsible parties. The assess- 
 ment of damages made by such board shall be subject to the 
 approval of the commanding officer, and in the amount ap- 
 proved by him shall be stopped against the pay of the offenders. 
 And the order of such commanding officer directing stoppages 
 herein authorized shall be conclusive on any disbursing officer 
 for the payment by him to the injured parties of the stoppages 
 
 so ordered. 
 
 "Where the offenders can not be ascertained, but the organiza- 
 tion or detachment to which they belong is known, stoppages 
 to the amount of damages inflicted may be made and assessed 
 in such proportion as may be deemed just upon the individual 
 members thereof who are showTi to have been present with such 
 organization or detachment at the time the damages complained 
 of were inflicted as determined by the approved findmgs of the 
 board. [M.C.M., par. ^i.] 
 
 Art. 106. Arrest of deserters by civil officials. — It 
 shall be lawful for any civil officer having authority under the 
 
40 
 
 laws of the United States, or of any State, Territory, District, 
 or possession of the United States, to arrest offenders, sum- 
 marily to arrest a deserter from the military service of the 
 United States and deliver him into the custody of the military 
 authorities of the United States. [M.C.M., pars. 58-59.] 
 
 "Art. 107. Soldiers to make good time lost. — Every 
 soldier who in an existing or subsequent enlistment deserts the 
 service of the United States or without proper authority absents 
 himself from his organization, station, or duty for more than one 
 day, or who is confined for more than one day under sentence, 
 or while awaiting trial and disposition of his case, if the trial 
 results in conviction, or through the intemperate use of drugs 
 or alcoholic liquor, or through disease or injury the result of 
 his own misconduct, renders himself unable for more than one 
 day to perform duty, shall be liable to serve, after his return to 
 a full-duty status, for such period as shall, with the time he 
 may have served prior to such desertion, unauthorized absence, 
 confinement, or inability to perform duty, amount to the full 
 term of that part of his enlistment period which he is required 
 to serve with his organization before being furloughed to the 
 Army reserve. [M.C.M., pars. 38, 3^0.] 
 
 "Art. 108. Soldiers — Separation from the service. — 
 No enlisted man, lawfully inducted into the military service of 
 the United States, shall be discharged from said service without 
 a certificate of discharge, signed by a field officer of the regiment 
 or other organization to which the enlisted man belongs or by 
 the commanding officer when no such field officer is present; 
 and no enlisted man shall be discharged from said service 
 before his term of service has expired, except by order of the 
 President, the Secretary of War, the commanding officer of a 
 department, or by sentence.of a general court-martial. [M.C.M., 
 pars, m, U, 320, 382, 392-393, 403.] 
 
 "Art. 109. Oath of enlistment. — At the time of his 
 
41 
 
 enlistment every soldier shall take the following oath or affirma- 
 tion : * I, ,"do solemnly swear (or affirm) that I will bear 
 
 true faith and allegiance to the United States of America; that 
 I will serve them honestly and faithfully against all their enemies 
 whomsoever; and that I will obey the orders of the President 
 of the United States and the orders of the officers appointed 
 over me, according to the Rules and Articles of War.' This 
 oath or affirmation may be taken before any officer. [M.C.M.y 
 par. 282.] 
 
 "Art. 110. Certain articles to be read and explained. 
 — Articles one, two, and twenty -nine, fifty-four to ninety-six, 
 inclusive, and one hundred and four to one hundred and nine, 
 inclusive, shall be read and explained to every soldier at the 
 time of his enlistment or muster in, or within six days thereafter, 
 and shall be read and explained once every six months to the 
 soldiers of every garrison, regiment, or company in the service 
 of the United States. {M.C.M., far. 282.] 
 
 "Art. 111. Copy of record of trial. — Every person 
 tried by a general court-martial shall, on demand therefor, 
 made by himself or by any person in his behalf, be entitled to 
 a copy of the record of the trial. [M.C.M., pars. 117, 351^-357.] 
 
 "Art. 112. Effects of deceased persons — Disposition 
 OF. — In case of the death of any person subject to military 
 law, the commanding officer of the place or command will 
 permit the legal representative or widow of the deceased, if 
 present, to take possession of all his effects then in camp or 
 quarters, and if no legal representative or widow be present, the 
 commanding officer shall direct a summary court to secure all 
 such effects; and said summary court shall have authority 
 to convert such effects into cash, by public or private sale, not 
 earher than thirty days after the death of the deceased, and to 
 collect and receive any debts due decedent's estate by local 
 debtors; and as, soon as practicable after converting such 
 
42 
 
 effects into cash said summary court shall deposit with the 
 proper officer, to be designated in regulations, any cash belong- 
 ing to decedent's estate, and shall transmit a receipt for such 
 deposit, accompanied by any will or other papers of value belong- 
 ing to the deceased, an inventory of the effects secured by said 
 summary court, and a full account of his transactions to the 
 War Department for transmission to the Auditor for the War 
 Department for action as authorized by law in the settlement 
 of the accounts of deceased officers or enlisted men of the Army; 
 but if in the meantime the legal representative, or widow, shall 
 present himself or herself to take possession of decedent's estate 
 the said summary court shall turn over to him or her all effects 
 not sold and cash belonging to said estate, together with an 
 inventory and account, and make to the War Department a 
 fuU report of his transactions. 
 
 *'The provisions of this article shall be applicable to inmates 
 of the United States Soldiers' Home who die in any United 
 States military hospital outside of the District of Columbia 
 where sent from the home for treatment. [M.C.M., par. 4-82.] 
 
 "Art. 113. Inquests. — When at any post, fort, camp, or 
 other place garrisoned by the military forces of the United 
 States and under the exclusive jurisdiction of the United States, 
 any person shall have been found dead under circumstances 
 which appear to require investigation, the commanding officer 
 will designate and direct a summary court-martial to investigate 
 the circumstances attending the death; and, for this purpose, 
 such summary court-martial shall have power to summon 
 witnesses and examine them upon oath or affirmation. He shall 
 promptly transmit to the post or other commander a report 
 of his investigation and of his findings as to the cause of the 
 death. [M.C.M., par. 4^83 and page 409.] 
 
 "Art. 114. Authority to administer oaths. — Any judge 
 advocate or acting judge advocate, the president of a general 
 
[S 
 
 or special court-martial, any summary court-martial, the judge 
 advocate or any assistant judge advocate of a general or special 
 court-martial, the president or the recorder of a court of inquiry 
 or of a military board, any officer designated to take a depo- 
 sition, any officer detailed to conduct an investigation, and the 
 adjutant of any command shall have power to administer oaths 
 for the purposes of the administration of military justice and 
 for other purposes of military administration; and in foreign 
 places where the Army may be serving shall have the general 
 powers of a notary public or of a consul of the United States 
 in the administration of oaths, the execution and acknowledg- 
 ment of legal instruments, the attestation of documents, and 
 all other forms of notarial acts to be executed by persons sub- 
 ject to miUtary law. [M.C.M., par. 138.] 
 
 "Art. 115. Appointment of reporters and interpret- 
 ers. — Under such regulations as the Secretary of War may from 
 time to time prescribe, the president of a court-martial or 
 military commission, or a court of inquiry shall have power to 
 appoint a reporter, who shall record the proceedings of and 
 testimony taken before such court or commission and may set 
 down the same, in the first instance, in shorthand. Under like 
 regulations the president of a court-martial or military com- 
 mission, or court of inquiry, or a summary court, may appoint 
 an interpreter, who shall interpret for the court or commission. 
 [M.C.M., pars. 112-119, 135-136, 457.] 
 
 "Art. lie. Powers of assistant judge advocates. — An 
 assistant judge advocate of a general court-martial shall be 
 competent to perform any duty devolved by law, regulation, or 
 the custom of the service upon the judge advocate of the court. 
 [M.C.M., pars. 106-107.] 
 
 "Art. 117. Removal of civil suits. — When any civil 
 suit or criminal prosecution is commenced in any court of a 
 State against any officer, soldier, or other person in the military 
 
44 
 
 service of the United States on account of any act done under 
 color of his office or status, or in respect to which he claims any 
 right, title, or authority under any law of the United States 
 respecting the military forces thereof, or under the law of war, 
 such suit or prosecution may at any time before the trial or 
 final hearing thereof be removed for trial into the district court 
 of the United States in the district where the same is pending 
 in the manner prescribed in section thirty-three of the Act 
 entitled 'An Act to codify, revise, and amend the laws relating 
 to the judiciary,' approved March third, nineteen hundred and 
 eleven, and the cause shall thereupon be entered on the docket 
 of said district court and shall proceed therein as if the cause 
 had been originally commenced in said district court and the 
 same proceedings had been taken in such suit or prosecution in 
 said district court as shall have been had therein in said State 
 court prior to its removal, and said district court shall have full 
 power to hear and determine said cause. [M.C.M., par. ^5^.] 
 
 "Art. 118. Officers — Separation from service. — No 
 officer shall be discharged or dismissed from the service except 
 by order of the President or by sentence of a general court- 
 martial; and in time of peace no officer shall be dismissed except 
 in pursuance of the sentence of a court-martial or in mitigation 
 thereof; but the President may at any time drop from the rolls 
 of the Army any officer who has been absent from duty three 
 months without leave or who has been absent in confinement in 
 a prison or penitentiary for three months after final conviction 
 by a court of competent jurisdiction. [M.C.M., pars. 15, 38, 
 Jt2, U, S20, 378, 382, 391-393, ^03.] 
 
 "Art. 119. Rank and precedence among regulars, 
 militia, and voLtTNTEERS. — That in time of war or public 
 danger, when two or more officers of the same grade are on 
 duty in the same field, department, or command, or of organiza- 
 tions thereof, the President may assign the command of the 
 
45 
 
 forces of such field, department, or command, or of any organi- 
 zation thereof, without regard to seniority of rank in the same 
 grade. In the absence of such assignment by the President, 
 officers of the same grade shall rank and have precedence in the 
 following order, without regard to date of rank or commission 
 as between officers of different classes, namely: First, officers 
 of the Regular Army and officers of the Marine Corps detached 
 for service with the Army by order of the President; second, 
 officers of forces drafted or called into service of the United 
 States; and, third, officers of the volunteer forces: Provided, 
 That officers of the Regular Army holding commissions in forces 
 drafted or called into the service of the United States or in the 
 volunteer forces shall rank and have precedence under said 
 commissions as if they were commissions in the Regular Army; 
 the rank of officers of the Regular Army under commissions in 
 the National Guard as such shall not, for the purposes of this 
 article, be held to antedate the acceptance of such officers 
 into the service of the United States under said commissions. 
 [M.C.M., pars. 10-12.] 
 
 "Art. 120. Command when different corps or com- 
 mands HAPPEN TO JOIN. — When different corps or commands 
 of the mihtary forces of the United States happen to join or 
 do duty together the officer highest in rank of the line of the 
 Regular Army, Marine Corps, forces drafted or called into the 
 service of the United States or Volunteers, there on duty, shall, 
 subject to the provisions of the last preceding article, command 
 the whole and give orders for what is needful in the service, 
 unless otherwise directed by the President. [M.C.M., pars. 
 10-12, U, 21, 25.] 
 
 "Art. 121. Complaints of wrongs. — Any officer or soldier 
 who believes himself wronged by his commandmg officer, and, 
 upon due application to such commander, is refused redress, 
 may complain to the general commanding in the locality where 
 
46 
 
 the officer against whom the complaint is made is stationed. 
 The general shall examine into said complaint and take prop>er 
 measures for redressing the wrong complained of; and he shall, 
 as soon as possible, transmit to the Department of War a true 
 statement of such complaint, with the proceedings had thereon." 
 [M.C.M., pars. 104, 4S5.] 
 
 Sec. 4. The provisions of section three of this Act shall take 
 efiFect and be in force on and after the first day of March, nine- 
 teen hundred and seventeen: Provided, That articles four, 
 thirteen, fourteen, fifteen, twenty-nine, forty-seven, forty-nine, 
 and ninety-two shall take effect immediately upon the approval 
 of this Act. [M.C.M. , par. 4^6.] 
 
 Sec. 5. That all offenses committed and all penalties, for- 
 feitures, fines, or liabilities incurred prior to the taking effect 
 of this Act, under any law embraced in or modified, changed, 
 or repealed by this Act, may be prosecuted, punished, and 
 enforced in the same manner and with the same effect as if 
 this Act had not been passed. [M.C.M., par. 487.] 
 
 Sec. 6. All laws and parts of laws in so far as they are incon- 
 sistent with this Act are hereby repealed. [M.C.M., page IX.] 
 
 Approved, August 29, 1916. 
 
I 
 
47 
 
 PART III 
 
 PROBLEMS 1 
 
 For each of the following statements of fact it is necessary to 
 determine (a) whether there is a military offense, (b) under 
 which of the Articles of War the offense, if any, belongs, (c) 
 what should be the tribunal, and (d) how a charge and specifica- 
 tion should be framed ^ in case the tribunal should be a court- 
 martial. 
 
 PROBLEM 1 
 
 From 7 a.m., March 23, 1917, until 5.30 p.m., March 24, 
 1917, Private Samuel Kelham, Company B, 2d Field Battahon, 
 Signal Corps, U. S. Army, at Camp Stewart, Texas, absented 
 himself from his company without permission, after having 
 gone to the properly appointed place for the performance of 
 duty as Kitchen Police to which he had been detailed. 
 
 PROBLEM 2 
 
 At Brownsville, Texas, during troop drill on April 13, 1917, 
 Private Henry Williams, of Machine Gun Troop, Seventh Cav- 
 alry, was ordered by First Lieutenant James I. Kelsey, Seventh 
 Cavalry, to ride horse No. 43. He refused to ride the horse. 
 The horse was slow and stubborn, but not vicious. 
 
 1 Each statement is based upon some case brought before a court- 
 martial since the present Articles of War went into effect; but names of 
 persons and of places have been changed. 
 
 2 M.C.M., pars. 61-74 and pages 333-352. 
 
I 
 I 
 
48 
 
 PROBLEM 3 
 
 Private William Clark, Company K, 26tli Infantry, at Fort 
 Grant, Canal Zone, on February 22, 1917, procured himself to 
 be enlisted by concealing from First Lieutenant Henry Q. King, 
 Medical Reserve Corps, a recruiting officer, the fact that under 
 the name of William Park he had been dishonorably^ discharged 
 from Battery E, 6th Field Artillery, on April 19, 1912, pursuant 
 to a sentence of court-martial. After his last enlistment he re- 
 ceived pay and allowances. 
 
 PROBLEM 4 
 
 At Bosque Bonite Ranch, Texas, on March 22, 1917, Private 
 Knox K. Smith, Company K, 34th Lifantry, refused to submit 
 to a surgical operation prescribed by First Lieutenant Larz K. 
 Trask, Medical Reserve Corps, the operation being one without 
 appreciable risk to life. 
 
 PROBLEM 5 
 
 Private Charles H. Anderson, Troop H, 14th Cavalry, at 
 Fort Kamehameha, Hawaii Territory, on March 7, 1917, 
 received a pass from noon until reveille next morning. In the 
 afternoon of March 8 he was seen in Honolulu by his captain 
 and was ordered to return to the fort by a train starting in an 
 hour and a half. Before the train started, he went to a pier and 
 boarded a steamship which was bound for Kaui. He was then 
 in uniform; but the uniform was covered with overalls and a 
 brown coat, and for the cap was substituted a fireman's cap. 
 A harbor police officer arrested him and asked him where he was 
 going. Andecson said, "Any old place." At the time of the 
 arrest the train had been gone for an hour. Anderson was not 
 drunk on March 8, but he had been drinking the night before. 
 
49 
 
 PROBLEM 6 
 
 Private Aaron K. Keyser, Company G, 34th Infantry, at 
 Camp Wilson, Texas, on April 7, 1917, after the Articles of War 
 had been read to the company on notification of the declaration 
 of the state of war with Germany, loaded his rifle and said, 
 "I'll kill myself rather than go to war and get killed." On April 
 19, at the same place, he stole one bandoleer of ball ammunition, 
 caliber 30, model 1906, of the value of $1.56, property of the 
 United States issued to Corporal W^illiam Mills, Company G, 
 84th Infantry, which had been intended for the military serv- 
 ice of the Government. Keyser sold this ammunition the 
 same day. 
 
 PROBLEM 7 
 
 At Schofield Barracks, Hawaii Territory, on March 4, 1917, 
 Private Richard K. Phelps, Company L, 4th Field Artillery, 
 negligently lost an olive-drab sweater, value $2.40, military 
 property belonging to the United States. 
 
 PROBLEM 8 
 
 On March 8, 1917, Bugler Henry Pitkin, Fifth Company, 
 Coast Artillery Corps, was tried before a special court-martial 
 at Fort Grant, Canal Zone, for having assaulted a postal clerk. 
 He was sworn as a witness, and he testified that in the alter- 
 cation with the postal clerk he used no bad language. William 
 K. Jones and John Sheldon were present at the altercation; 
 and they are now ready to testify that Pitkin's testimony was 
 untrue. 
 
 PROBLEM 9 
 
 At Fort Shafter, Hawaii Territory, Private James Sullivan, 
 at 2 A.M., March 12, 1917, had in his possession a bottle of in- 
 
50 
 
 toxicating liquor and was prowling around officers' quarters in 
 xiolation of the restrictions imposed upon class "B" conduct 
 grade, in which class he had been placed. 
 
 PROBLEM 10 
 
 On March 23, 1917, Private Henry Judson, Company C, 
 7th Infantry, at Fort Oglethorpe, Ga., talked and swore in the 
 ranks while at drill. Captain John S. Dilworth, 7th Infantry, 
 his superior officer, then put him under arrest. The arrest was 
 administered by causing a sentry to go about behind him. 
 The next day Judson went to Captain Dilworth and asked that 
 the sentry be taken off and that confinement in the guard house 
 be substituted. The request was refused, and thereupon Judson 
 swore at Captain Dilworth. 
 
 PROBLEM 11 
 
 John C. Duncan, Private, Troop G, 12th Cavalry, carelessly 
 discharged a service pistol in his tent, at Culberson's Ranch, 
 N. M., in violation of orders, on March 27, 1917. He was ordered 
 by his commanding officer into confinement. On March 29, 
 1917, he escaped from confinement, at Laing's Ranch, N. M., 
 before he had been set at liberty. 
 
 PROBLEM 12 
 
 Private David G. King, Troop B, Third Cavalry, having re- 
 ceived a command from his superior officer, First Lieutenant 
 Estes M. Hord, Third Cavalry, to go out for drill, and having 
 received an order to the same effect from Sergeant Thomas J. 
 Murphy, Troop B, Third Cavalry, in the discharge of his office, 
 willfully disobeyed, at Fort Randolph, Canal Zone, on March 
 13, 1917. 
 
I ' f 
 
 51 
 PROBLlEM 13 
 
 On March 21, 1917, Private Peter A. Fish, Company A, 3d 
 Infantry, at Fort Oglethorpe, Ga., was drunk in the company's 
 quarters at seven o'clock in the evening. The same night, while 
 still drunk, he took from the cooks' supphes twenty-five pounds 
 of pork sausage, worth $7.62, twenty-two pounds of ham, 
 worth $4.81, and seven pounds of cheese, worth $1.42, all this 
 being property of the company. He put this property in a box, 
 which he left at the company's bakery, and he told one of the 
 cooks that he had done all this, that he had done it as a joke 
 on the cooks, and that the property would be found at the 
 bakery. The property was found the same night. 
 
 PROBLEM 14 
 
 Private Henry Henderson, Company K, 20th Infantry, was 
 drunk in camp at Camp Wilson, Texas, on April 13, 1917. 
 
 PROBLEM 15 
 
 Private Samuel K. Hurd, Company B, 25th Infantry, on 
 guard as a sentinel at El Paso, Texas, April 16, 1917, was found 
 asleep. He was sixteen years old. He had been in the service 
 for three months. He had gone on guard at four o'clock in the 
 morning. After walking on guard for about an hour and fifteen 
 minutes, he felt a cramp and sat down to rest. It was then that 
 he fell asleep. 
 
 PROBLEM 16 
 
 Private Francis Leary, Company C, 3d Infantry, on March 10, 
 1917, at Panama, R. P., wrongfully used cocaine, a narcotic 
 drug. 
 
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YA 03l3o 
 
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 UNIVERSITY OF CAUFORNIA LIBRARY