have power to reduce non-commissioned officers to the ranks, to discharge without honor and to impose fines and lesser penalties upon enlisted men upon conviction. Courts-martial shall have power to impose such other and usual military fines and penalties as are customary in the United States army and the United States navy, in addition to penalties herein prescribed. [Amendment approved 1909; Stats. 1909, p. 633.]

Legislation § 2020. 1. Enacted by Stats. 1905, p. 273, an amendment of old § 2078. 2. Amended by Stats. 1909, p. 633. See ante, Legislation Article V.

§ 2021. Revision and approval of sentence. The officer appointing a court-martial must review the proceedings and approve or disapprove the sentence of such court-martial, and must direct the execution of such sentence, or mitigate the punishment, or may remit the sentence of the person convicted; provided, that an officer so sentenced may within fifteen days after official publication of the action of the reviewing officer appeal to the commander-in-chief to review the proceedings and to disapprove them or pardon the offense, in which case the officer approving the sentence will forward the proceedings in the case to the commander-in-chief, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon; provided, that no commissioned officer shall be dismissed from the service without the approval of the commander-in-chief; provided further that an enlisted man belonging to an organization attached to a brigade may appeal in like manner to the brigade commander, and, if to an unattached organization, to the commander-in-chief; or, if the brigade commander be the reviewing authority, the appeal may be made to the commander-in-chief; and the sentence must be suspended in the same manner as provided for in the case of commissioned officers. [Amendment approved 1907; Stats. 1907, p. 830.]

Legislation § 2021. 1. Enacted by Stats. 1905, p. 273; an amendment of old § 2079. 2. Amended by Stats. 1907, p. 830. See ante, Legislation Article V.

§ 2022. Service of charges. When an officer or enlisted man is put in arrest for the purposes of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode or business, within twenty days after his arrest, and a court shall be ordered for his trial within thirty days after the notice of arrest is received by the officer authorized to order the court. If a copy of the charges and specifications be not served, or a court not ordered within the time herein limited, the arrest shall cease, but such charges and specifications may be served, a court ordered, and the officer or enlisted man be brought to trial within twelve months after such release from arrest. The appearance of the accused, without objection and pleading to the charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section.

Legislation § 2022. Added by Stats. 1905, p. 273. See ante, Legisla tion Article V.

§ 2023. Subpoenas, attachments, commissions. Each military court shall have the same power to compel by subpoena, by subpoena duces

tecum and by attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpoenaed for non-attendance, or refusal to be sworn or testify, or to produce books, papers and documents, as is possessed by any superior court of this state. Military courts shall also have power to take by commission the testimony of witnesses who cannot reasonably be produced at the trial to the same extent as the superior court aforesaid. Commissions and subpoenas may be issued by the president or the judge-advocate, if there be one, of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the people of the state, and upon application in behalf of any person to be tried by such court, and the president or the judge-advocate may direct the commanding officer of any organization to cause such subpoena to be served on any member of his command. A witness not appearing in obedience to a subpoena when served personally with a copy of the same, and not having sufficient excuse, shall forfeit to the people of the state the sum of twenty-five dollars. The president of each court shall, from time to time, report to the judge-advocate-general the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpoena, and a judge-advocate may sue for and recover such penalties in the name of the people.

Legislation § 2023. Added by Stats. 1905, p. 274. See ante, Legislation Article V.

§ 2024. Form of mandates; execution by public officers. Military courts are empowered to issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in said courts. Such process and mandates may be directed to the marshal of the court, the sheriff of any county, and the constables and marshals of any town or city, and shall be in such form as may, from time to time, be prescribed by the commander-in-chief in the regulations issued by him under the chapter. It shall be the duty of all officers to whom such process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. The keepers and wardens of all city or county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this chapter, no fees or charges of any nature shall be demanded or required to be paid by the state, or any military court or member thereof, or by the person executing its mandate or process, or to any public officer, for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining a person in jail or custody thereunder.

Legislation § 2024. Added by Stats. 1905, p. 274. See ante, Legislation Article V.

§ 2025. Commitments for disorderly conduct. Any person who shall be guilty of disorderly, contemptuous, or insolent behavior in, or use insulting or contemptuous or indecorous language or expressions to, or before, any military court, or any member of such court in open court, tending to interrupt its proceedings or to impair the respect due to its

authority, or who shall commit any breach of the peace or make any noise or other disturbance directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court to the jail of the city, county, or city and county in which said court shall sit, there to be confined for a period of time not to exceed three days.

Legislation § 2025. Added by Stats. 1905, p. 275. See ante, Legislation Article V.

§ 2026. Fines, how collected. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any such court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must, within fifteen days after the fines and penalties have been imposed, issue a warrant under his hand, directed to any sheriff or constable of the county, commanding him to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed; and such warrant shall be executed and renewed in the same manner as executions from the justices' courts are executed and renewed. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined was or is a member, and accounted for by said commanding officer in the same manner as are other state funds. [Amendment approved 1909; Stats. 1909, p. 633.]

Legislation § 2026. 1. Enacted by Stats. 1905, p. 275; the first sentence in substance the same as old $2080. 2. Amended by Stats. 1909, p. 633. See ante, Legislation Article V.

§ 2027. Fines and penalties for non-attendance at parades, etc. Every commissioned officer and every enlisted man not excused as provided in section two thousand and fourteen shall, on conviction of the offenses following mentioned be subject to the fines and penalties thereto annexed:

(1) Every commissioned officer, for disobedience to orders or neglect of duty, unofficerlike conduct, disrespect to a superior officer, for nonattendance at any parade or encampment; and every officer or enlisted man neglecting or refusing to obey the lawful orders of a superior officer, or departing from post or guard; or leaving his proper station without permission, a fine of not more than one hundred dollars nor less than five dollars, and in addition thereto, in the discretion of the court, the officer may be dismissed from the service.

(2) Every enlisted man, for non-appearance, when duly warned or summoned, at a troop, battery, or company drill, or parade, a fine of two dollars for each offense; and in case of a troop parading mounted, a fine of six dollars; at a regimental or battalion parade, not less than three nor more than six dollars for each offense; and for disobedience of orders, disrespectful or insubordinate conduct, a fine not to exceed fifty dollars; and, in addition to any fine imposed, in the discretion of the court, the offender may be dishonorably discharged from the service.

Legislation § 2027. Added by Stats. 1905, p. 275. See ante, Legislation Article V.

§ 2028. Exemption from liability. No officer by whom a military court is ordered, or member of any such military court, or officer or person

acting under its authority or reviewing the proceedings thereof or enforcing the process or sentence thereof shall be liable civilly or criminally for any act done in such capacity.

Legislation § 2028. Added by Stats. 1905, p. 276. See ante, Legislation Article V.

2042.

Full-dress uniform.

2043.

2044.

[Repealed.]

Purchase of uniforms and equipments. [Repealed.]

Property purchased with state money must be accounted for on property returns.

§ 2045. Responsibility for public property.

§ 2046. Use of state and company property.

Legislation Article VI. Added by Stats. 1905, p 276, in repealing the old and substituting a new Chapter II, Title IV. Compare, generally, the various subdivisions of this title.

§ 2039. Equipment of organizations. All organizations shall be provided by the state with such arms, equipments, colors, camp and garrison equipage, books of instruction and record, and other supplies as may be necessary for the proper performance of the duty required of them by this chapter; and each organization shall keep such property in proper repair and in good condition.

Legislation § 2039. Added by Stats. 1905, p. 276. See supra, Legislation Article VI.

§ 2040. Equipment of commissioned officers. Every commissioned officer shall provide himself with arms, uniforms, and equipments prescribed and approved by the commander-in-chief.

Legislation § 2040. Added by Stats. 1905, p. 276. See supra, Legislation Article VI.

§ 2041. Uniform of enlisted men. Every enlisted man who enters the service of the state shall be furnished by the state with a service and dress uniform corresponding in make and general appearance to the service and dress uniform of the United States army.

Army laws, rules and regulations, effect of: See ante, §§ 1919, 1926, 2012.

Legislation § 2041. Added by Stats. 1905, p. 276. See supra, Legislation Article VI.

§ 2042. Full-dress uniform. [Repealed 1909; Stats. 1909, p. 325.] 1. Added by Stats. 1905, p. 276. 2. Repealed See supra, Legislation Article VI.

Legislation § 2042.

by Stats. 1909, p. 325.

§ 2043. Purchase of uniforms and equipments. [Repealed 1909; Stats. 1909, p. 325.]

Legislation § 2043. 1. Added by Stats. 1905, p. 276. 2. Repealed by Stats. 1909, p. 325. See supra, Legislation Article VI.

§ 2044. Property purchased with state money must be accounted for on property returns. All military property purchased out of the moneys allowed by the state shall be held to be the property of the state, and must be enumerated on the property returns next following its purchase. [Amendment approved 1907; Stats. 1907, p. 830.]

Legislation § 2044. 1. Enacted by Stats. 1905, p. 276; substantially the same as old § 2100. 2. Amended by Stats. 1907, p. 830. See supra, Legislation Article VI.

§ 2045. Responsibility for public property. Every officer and enlisted man to whom property of the state or the United States has been issued shall be personally responsible to the state for such property, and no one shall be relieved from such responsibility except it be shown to the satisfaction of the commander-in-chief that the loss or destruction of such property was unavoidable and in no way the fault of the person responsible for the same; in all other cases the value of the property lost or destroyed shall be charged against the person at fault or to the organization to which it had been issued, and such person or organization, if not relieved from such charge by the commander-in-chief, shall pay the value of such property to the adjutantgeneral, and if the latter so demands, the commanding officer of the organization to which such property was issued shall pay the value thereof to the adjutant-general from the quarterly allowance to such organization. If such property belongs to the United States the value thereof so recovered shall be paid to the United States to cover the loss or destruction thereof, but if it be state property the value so recovered shall be applied by the adjutant-general for military purposes. The value of lost or destroyed property and the person or organization to be charged therewith shall be determined by the usual method of survey. [Amendment approved 1907; Stats. 1907, p. 831.]

Legislation § 2045. 1. Added by Stats. 1905, p. 277. 2. Amended by Stats. 1907, p. 831. See supra, Legislation Article VI.

§ 2046. Use of state and company property. (1) No soldier shall wear or use, except when on military duty, or by special permission of his commanding officer, any uniform or other article of military property belonging to the state, or to the company of which he is a member.

(2) No officer in charge of public property for military use shall transfer any portion thereof, either as a loan or permanently, without the authority of the commander-in-chief.

Legislation § 2046. Enacted by Stats. 1905, p. 277; substantially the same as old § 1977, subds. 1, 2 (subds. 3 and 4 omitted). See supra, Legislation Article VI.