Page:United States Statutes at Large Volume 39 Part 1.djvu/673

652 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 418. 1916. Appointment. · "B. BY WHOM APPOINTED. MW- "An·r. 8. Grmnnan couars-manrmL.——The President of the United States, the commandiughtgllicer of a territorial division or de artment, the Superintendent of Military Academy, the commani£¤(g officer of an army, an army corgis, a division, or a separate brxga e, and, when empowered by the resident, the commanding officer of any district or of any force or body of troodrgs may appomt general courtsmartial; but when any such comman r is the accuser or the prosecutor of the person or persons to be tried, the court shall appointed by superior competent authority, and no officer shall be e to sit as a member of such court when he is the accuser or a witness for the prosecution. _ spam. "A1z·1·. 9. Srncun COUBTS•MARTIAL.—TlIIB commanding officer of a district, garrison, fort, camp, or other place where troops are on duty, and the commanding officecr of a brigade, regiment, detached battalion, or other detached command may agpomt special courts- , martial; but when any such commandiugmo cer is e accuser or the prosecutor of the person or persons to tried, the court shall be appointed by superior authority, and may in any case be appointed b superior authorit when by the latter deemed desirable; and no o&cer shall be eligible to sit as a member of such court when he is the accuser or a witness for the prosecution. E°m"" "A.a·r. 10. Sumner counrs-uAnr1aL.—The commanding omcer of a garrison, fort, camp, or other place where troojf are on duty, and the commanding officer of a regiment, detached attalion, detached _ compan , or other detachment may appoint courts-martial; but smell summary courts-martial may in any case be appointed b §,{,°;,‘;"·,mw, mh superior authority when by the latter deemed desirab e: Provided; ¤¤¤¤¤¤·¤¤- That when but one cilieer is present with a command he shall be the ’ summary court-martial of that command and shall hear and determine cases brought before him. ’°"€° °‘*'°°°**’°- "A.a·r. 11. Arromrumzr or moon .mvocams.—-For each general or special cout-martial the authority appointing the court shall appoint a judge advocate, and for eac general court—martial one or more assistant judge advocates when necessary. ’°'“'“°“°'* "c. Jumsmcrrox. G°°°'°’· "Am·. 12. Gm·mn..u. ooUa·rs·mmmn..—General courts-martial shall have Hpower to try any person subject to military law for any crime _ or 0 ense made punishable by these articles and any other person §{,'g"',;,"§ Mmm, who bymthe law of war is subject to trial by military tribunals: Pmmmcmu. vided, at no officer shall be brought to trial before a general courtmartial appointed by the Superintendent of the Military Academ . “P°"*“'· "An·r 13. Srscmr. comrrs-MAn*naL.—Special courts-martial shall have power to try any gerson subject to military law, except an officer, for any crime or o ense not capital made punishable b these {{·$•&Gm articles: Provided, {Phat the President may, by regulations, wliiich he ` may modify from time to time, except from the `urisdiction of special courts-martial any class or classes oi) persons subject to military law. rgaassumsnz re- "Spgma.l courts-martial shall not have power to adjudge dishonorable discharge, nor conEnement in excess of six months, nor to adjudge forfeiture of more than six months’ pay. $¤¤¤¤¤’>’· "An·r. 14. SUIGLAZBY oomzrs-1r.anrrAL.-Summaijy courts-martial shall have power to try any person sub`ect to militarv law except an officer, a cadet, or a soldier holding the privileges of a cdrtiiicate P _ of el1<nbility\ to promotion, for any crime or offense not capital made Nfygygmissioued punishable tithesearticles: Provided, That noncommissioned officers emu;. shall not, ey object thereto, be bro ht to trial before a summary court-martial without the authority ofllie officer competent to bring