Page:United States Statutes at Large Volume 41 Part 1.djvu/820

SIXTY-SIXTH CONGRESS. Sess. II. C11. 227. 1920. 799 Oi;H¢,; and if found legally insufficient to support the iindin and ·¤¤¤·¤ °* '¤· sentence, in whole or in part, shall be examined by the boardgbf review, end the board, if it also finds that such record is legally insuHicient to support the and sentence, m whole or in part, shall, in writing, submit its opinion to the Judge Advocate General, who shall transmit the record and the board’s opmron, with his recommendations, directly to the Secretary of War for the action of the _ President. In any such case the President may approve, disapprove, ¤,§¥»$§§§f,,2F“°" by or vacate, in whole or in part, any Endings of guilty, or confirm, mitigate, commute, remit,_or vacate any sentence, rn whole or in part, and direct the execution of the sentence as confirmed or modiiied, and he may restore the accused to all rights affected by the iindin and sentence, or part thereof, held to be invalid; and the PfBSl(£§1t,S necessag orders to this end shall be binding upon all de artments and 0 cers of the Government. . _ €V'henever necessary, the Judge Advocate General may constitute ,,{,‘,§${“°“°' "°“'d¤ °‘ two or more boards of review rn his office, with equal powers and duties. ~ - Whenever the Preddent deems such action necessary, he may aeim'.’i°§ge'ii¤?$1i°i°¤r`% direct the Judge Advocate General to establish a-_branch of his ;},‘§,‘{,_°,‘j,Q‘f,°,,,,§’,,‘§‘}_§,‘_§{’ office, under an Assistant Judge Advocate General, with any distant command, and to establish in such branch officea board of review, P wm to mm or more than one. Such Assistant Judge Advocate General and such ma.° ° " board or boards of review shall be empowered to plerform for that command, under the gheneral supervision of the udge Advocate General, the duties whic the Judge Advocate General and the board or boards of review in his office would otherwise be required to perform in respect of all cases involving sentences not requiring approval or confirmation by the President. - = B,,,,,,,,,,,,,, 0, W,. Anr. 51. Susrmusrorr or smrrrmacms or msrnsslu. OR DEATH.*·Th8 ¤•¤I·2<·>=¤-. M dam authority corrgéietent to order the execution of a sentence of dismissal of an officer or a. sentence of death may suspend such sentence until the pleasure of the President be known, and in case of such suspension a copy of the order of suslpension, together with a copy of the record of trial, shall immediate y be transmitted to the President - Sentences other than Aer. 52. Susrnivsrou or sr:N·rmacr:s.-—'I‘he authority competent to dugg- 3, 65, order the execution of the sentence of a. court-martial may, at the time verf of SH2. of the approval of such sentence, suspend the execution, in whole “"°“d°°‘ or in part, of any such sentence as does not extend to death, and may restore the person rmder sentence to dut during such suspension; and the Secretary of War or the commencing officer holding general court-martial jruisdiction over any such offender, may at any time thereafter, while the sentence is being served, suspend the execution, Rmimn by mm in whole or in part, of the balance of such sentence and restore the ¤¤vi¤s1¤¤s<¤¤¤¤¤- person under sentence to duty during such suspension. A sentence, or any part thereof, which has been so suspended may be remitted, in whole or in part, except m cases of ersons confined in the United States Disciplinary Barracks or its branches, by the officer who suspended the same, by his successor in office, or by any omcer exercising appropriate court-martial jurisdiction over the command vaeam or mm,. in which the person under sentence may be se at the time, and, “‘°°· subject to the foregoing exceptions, the same authority may vacate the order of suspension at any time and order the execution of the sentence or the suspended part thereof in so far as the same shall not have been plrevrously remitted, subject to like power of s‘¤spc¤— Completg mmssinn sion. The deat or honorable discharge of a person underasuspeudod gl¥s,ggj;°* ¤°¤°¤‘>*° sentence shall operate as a complete remission of any unexecuted or ' unremitted part of such sentence.