Page:United States Statutes at Large Volume 41 Part 1.djvu/814

SIXTY-SIXTH CONGRESS. Sess. II. Ch. 227. 1920. 793 shall at once announce such result in open court. Under such regu- ·*””°'·” °' "**· lagons as the P1i)es1den_t niay prescribeei the findings and sentence in o er cases may e ar y announc . — Anr. 30. Cnosmn s1css10Ns.—Whenever a general or special court- mf1},‘§°° ¤°°**°¤¤ °‘ martial shall sit in closed session, the trial judge advocate and the ' assistant trial judge advocate, if arréy, shall withdraw; and when their assistance in referring to the reco ed evidence is required, it shall be obtaimi:difini;1;>penbc0urt, and in the presence of the accused and of his counse , ere e any. Ama 31. Mnruon or vo#nNe.~—Vo b members of a eral or §°‘§§,,",,‘;{'°““*· special court martial upon questions enge, on the findhsdlgs, and cyl-3% 1>·655.¤¤¤¤¤¤- on the sentence shall be by secret written ballot. The junior member ' of the court shall in each case count the votes, which coimt shall be checked by the president, who will forthwith announce the result of the ballot to the members of the court. The law member of the miggrtlinss in open court, if any, or if there be no law member of the co1u·t, then the ‘ president, may] rule in o_pen court upon interlocutory wgéiestions, other than cha enges, arismiduring the proceedings: Pr ed, That €§$§"’,l",,,;,, ,,,,,,,_ unlesg suclh be mtide y thsigivzmgmbeé of ghgl coouirt iijlagly mem eroject ereto ecourt e ear an os an e uestion decided b a ma°ority vote, viva voce, b ' with the gunior in rank: And, provided further, That if any such ruling be made q,§,,,,,§f"°“°°“‘°”’ by the law member of the court upon any mterlocutorglcguestion other than an objection to the admissibility of evidence off during the trial, and any member object to the ruling, the court shall like- _ wise be cleared and closed and the question decided by a majority vote, viva voce b with the junior in rank: Provided further, m}s?_g¤ibig{,¢g_¤ gg *30;;; however, That the p , "objection to the admissibility of evidence mmquuums. offered during the trial," as used in the next precedintglproviso hereof, shall not be construed to include questions as to e order of the introduction of witnesses or other evidence, nor of the recall of witnesses for further examination, nor as to whether expert witnesses shall be admitted or called upon any question, nor as to whether the court shall view the premises where an offense is alleged to have been committed, nor as to the competency of witnesses, as, for instance, of children, witnesses alleged to be mentally} incomtpletent, and the like, nor as to the of accused, or w ether e existence of mental disease or mental erangement on the part of the accused has become an issue in tim arial, or accused required to submij; to physiical examination, nor w et er an argument or statement o co or the accused or of the trial judlge advocate is improper, nor any ruling in a case involving military Strategy or tactics or correct military action; but, upon all these aluestions arising on the trial, if any member object to any ruling of e law member, the court shall be cleared and closed and tgie quesltion decided by majority vote of the members in the manner a oresai . _ ,,],,,,,1,,,, m_ Am: 32. CONTEMPTS.—§A military tribunal ma§S punish as for cehpcég P M_ contemtan ers0uWOHS8S8.n menac wor ,81 ,orges-,d_"" tures inpits plegence, or who disturhs its prldlcllaedings bygy riot or rmao. disorder: Pggagided, That svg; purgighment slgallhin no case exceed one Limimentlrs co ement, or a e o 100, or ot . Rmd, 0, wm Am. 33. RECORDS*·GENEBAL covers-mAnrrAL,—Each general mrgggzljd court·martial shall keep; a separate record of its proceedings in the Vol.35,p:655,amendtrial of each case broug t be ore it, and such record shall be authen- °"· ticated by the signature of the president and the trial judge advocatebut in case the record can not e authenticated by the president and trial judge advocate, by reason of the death, disa ility, or absence of either or both of them, it shall be signed by a member in lieu of the president and by an assistant trial judge advocate, if there be one, 4-i28l°—2l———-52