Page:United States Statutes at Large Volume 41 Part 1.djvu/811

790 SIXTY-SIXTH CONGRESS. Sess. II. C11. 227. 1920. gfggjggigg m¤éx_ Anr. 15. Jvmsnrorrou Nor nxcLusrvn.—'l‘he provisions of these eiusm. articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other military tribimals of concurrent jurisdiction m respect of offenders or offenses that by statute or by the law of war rlrgay be triable by _ such military commissions, provost courts, or other `tary tribunals. T""’°‘°m°°”‘ Airr. 16. Orrrcnns; How ·r1zum.n.—Oilicers shall be triable only byl general and special courts-martial, and in no case shall an officer, w en it can be avoided, be tried by officers inferior to him in rank. ’°*<>¤¤d¤*¤· D. rnoonnunn. P*¤¤·*”¤¤°¤S· Amr. 17. TRIAL JUDGE Anvocyrn TO PROSECUTE; oomvsm. ·r0 1>m*nm>.——The trial judge advocate of a eneral or special courtmartial shall prosecute in the name of the limited States, and shall, under the direction of the court, prepare the record of its proceedings. S_§Q;;¤S¤g9f¤* yugg- The accused shall have the right to be represented in his defense before smashed. ’ ' the court by counsel of his own selection, civil counsel if he so provides, or military if such counsel be reasonably available, otherwise by the defense counsel duly appointed for the court pursuant to article 11. Should the accused have counsel of his own selection, the defense "SS°°i°” °°"“°I‘ counsel and assistant defense counsel, if any, of the court, shall, if the Ch I accused so desires, act as his associate counsel. t-.,i*°‘§§f*S‘ p_ 653, Airr. 18. O1m1.LnNens.—Members of a general or special court- °m°¤d°d· martial may be challenged by the accused or the trial judge advocate for cause stated to the coiurt. The court shall determine the relevancy and vahdity thereof, and shall not receive a challenge to more than one_ member at a time. Challengies by the trial judge advocate shall ordinarily be lpresented and deci ed before those by the accused are offered. Eac side shall be entitled to one peremptory challenge; but _ _ the law member of the court shall not be challe ed except for cause. ,€§§§g“$‘° "° °dm““S‘ ART. 19._ Oyms.-The trial judge advocate tri? a general or slpecial cog; members of the court-martial shall administer to the members of the court, efore " they proceed upon an trial, the following oath or ahirmationc "You, A._ ., do swear (or that you will well and truly try and determine, according to the evidence, the matter now before you, between the United States of America: and the person to be tried, and that you will duly admimster justice, without partiality, favor, or affection, according to the provisions of the rules and articles for the government o the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases ; and you do further swear (or affirm) that you will not divulge the findings or sentence of the court until they shall be published by the procper authority or duly announced by the court, except to the tmaldiugcgc advocate and assistant trial judge advocate; neither will you ose or discover the vote or opinion of any particular member of the court-martial upon a challenge or upon the ndings or sentence, required to give evidence thereof as a gitgess by a court of justice in due course of law. So help you o . el?·;°ailiiifiiis$.°i¤iiif°` When the oath or alliijmation has been administered to the mem- L___;ej;j€d’f9· P- *`>i3· bers of a general or special court-martial, the president of the court shall adm1n1ster to t_e trial judge advocate and to each assistant mal judge advocate, 1f any, an oath or allirmation in the following fornr; ou, A. B., do swear _(or afllrxn) that you will faithfully and unpartially perform the duties of a tual judge advocate, and wi not divulge the findings or sentence of the court to any but the pgrocper authority until they shall be duly disclosed. So help you o .