265, § 3. 974. Military offenses enumerated and defined.—A military Sept. 30, offense within the meaning of this chapter includes any delin- 1903, p. quency or violation of the laws, rules, regulations, or orders governing the militia or National Guard of this state, as well as the laws or regulations governing the army and navy of the United States, as far as applicable to the militia or National Guard of this state, the offenses hereinafter enumerated shall be defined as similar offenses are defined in the articles of war, laws and regulations governing the United States army. 975. Offenses of officers.-Commissioned officers may be tried by courts-martial for the following offenses, and on conviction thereof may be sentenced to be cashiered, and shall thereby become incapacitated from holding any military commission, dismissed, fined to any amount not exceeding one hundred dollars and costs of prosecution, or, in default of payment thereof, imprisoned in a county jail not exceeding sixty days, or reprimanded, or to all or either of said fines and penalties: First, conduct unbecoming an officer and a gentleman. Second, drunkenness on duty. Third, neglect of duty, or leaving his post or command. Fourth, disobedience of orders. Fifth, oppression of any under his command. Sixth, conspiracy or attempt to resist or evade lawful orders, or advising any person to do so. Seventh, insult or disrespect to a superior officer in the line of military duty. Eighth, making a false certificate, account, muster, or return. Ninth, conduct to the prejudice of good order and military discipline. Tenth, embezzlement or misappropriation of military or company funds, or wrongful conversion of company, state, or government property. Eleventh, wrongfully disclosing, or making improper use of, a watchword or parole. Twelfth, desertion or cowardice. Thirteenth, wasting or destroying company, state, or government property. Fourteenth, any other violation of the laws, rules, regulations, and orders governing the National Guard, as well as the articles of war governing the United States army as far as consistent with this chapter. Ib. 976. Officers' delinquencies.-Officers may be tried by court- Ib. martial and fined not exceeding ten dollars and costs of prosecution, or in default of payment thereof, imprisoned in a county jail not exceeding five days, for non-attendance or tardiness at any drill, parade, each day of encampment, inspection, or other duty ordered by competent authority. 977. Triable offenses of enlisted men.-Enlisted men may ь. be tried by courts-martial for the following offenses: First, willful disobedience of orders. Second, disrespect to superiors. Third, mutiny. Fourth, desertion. Fifth, drunkenness Sept. 30, 1903, p. 265, § 3. Ib. on duty. Sixth, neglect of duty. Seventh, making false report. Eighth, fraudulent enlistment. Ninth, conduct prejudicial to good order and military discipline. Tenth, violation of any provision of the military code of rules and regulations of the National Guard. On conviction, such enlisted men may be sentenced to be dishonorably discharged with loss of time served, reprimanded, and if a non-commissioned officer, reduced to the ranks, or fined to an amount not exceeding fifty dollars and costs of prosecution, or, in default of payment thereof, imprisoned in a county jail not exceeding thirty days, or all or either of such fines and penalties. 978. Delinquencies of enlisted men.-Enlisted men may be tried by court-martial, or summary court, for the following offenses: First, absence without leave from or tardiness at any drill, parade, encampment (each day), meeting for instruction, or other duty ordered by competent authority. Second, disobedience of standing orders. Third, neglect of duty. Fourth, absence from inspection. Fifth, injuring or destroying uniforms, arms, equipments, or other company, state, or government property, wearing the same when not on duty without permission of commanding officer. Sixth, conduct unbecoming a soldier, or prejudicial to good order år military discipline. Seventh, disrespect to superiors. On conviction, any such enlisted man may be sentenced to be dishonorably discharged, reprimanded, reduced, or fined not exceeding ten dollars and costs of prosecution, or in default of payment thereof, imprisoned in a county jail not exceeding five days, or all or either of such fines and penalties. 979. (2886) Military courts, courts-martial and of inquiry; jurisdiction and conduct of.-The military courts of this state shall be: First, courts of inquiry. Second, general courtsmartial. Third, regimental courts-martial. Fourth, sundry courts which are of two kinds: (a) Field officer's courts; (b) company courts. Courts of inquiry shall consist of from one to three officers, and may be instituted by the commanderin-chief for the purpose of investigating the conduct of any officer or any facts made the subject of military complaint. Such court of inquiry shall, without delay, report a statement of facts, and when required, the evidence adduced and an opinion thereon to the commanding chief, who may, in his discretion, thereupon order a court-martial for the trial of the officer whose conduct has been inquired into. General courtsmartial shall be ordered by the commander-in-chief, and shall consist of not less than five nor more than thirteen officers, exclusive of the judge advocate; but at all times a majority of the court, if possible, must be of a grade at least equal to that of the accused. Such courts shall have jurisdiction in all cases arising under the military laws, rules, regulations, or orders in force in this state, and may inflict any punishment authorized by the provisions of this chapter. Regimental courts-martial shall consist of three officers, two of whom shall constitute a quorum, and shall be ordered upon approval of the governor by the commanding officer of a regiment of infantry or battalion of artillery or squadron of cavalry, for the trial of officers and enlisted men in his command. The jurisdiction of a regimental court-martial shall extend to all military offenses, but it shall not inflict a punishment exceeding a fine of fifty dollars or imprisonment for a period exceeding thirty days, besides the costs of prosecution and dishonorable discharge, with loss of time served, if an enlisted man, or dismissal, if an officer, all or either of which the court may impose at its discretion. Summary courts shall consist of one officer, for the trial of enlisted men, and may be designated as field officers' courts and company courts respectively, as hereinafter provided. Their jurisdiction shall extend to all offenses cognizable before regimental courts-martial; and they may inflict punishment not exceeding the fine of ten dollars and costs of prosecution, or imprisonment not exceeding five days, besides dis-honorable discharge with loss of time served, at the discretion of the court. The officer second in rank present for duty, with each regiment of infantry or battalion of artillery or squadron of cavalry, shall constitute the field officers' court for the trial of enlisted men in such regiment or battalion or squadron. The officer second in rank present for duty with each company or battery shall constitute the company court for the trial of enlisted men in such company or battery. All laws, rules, and regulations governing the army of the United States, relating to courts-martial and the trial and punishment of military offenses, shall apply to and in all things govern the militia and National Guard of this state when in actual service, in time of war, insurrection, invasion, or riot or public danger; otherwise they shall be in force as far as consistent with this chapter. The proceeds of all fines shall be paid to the captain of the company or battery of which the accused is a member, and if the accused is a regimental officer or non-commissioned officer, to the commanding officer of such organization, for the benefit of the military fund of such company, regiment, or organization, and all the costs of prosecution shall, in the first instance, be paid out of such fund; and regimental com Sept. 30, 1903, p. 265, § 3. Ib. Feb. 23, 1899, p. 136, § 16. Ib., § 17. manders may, by an order, compel such payment when the company fails or neglects to do so within a reasonable time. (Feb. 18, 1897, p. 1308, § 19.) 980. (2886) Findings of court-martial; how executed.—No finding of any court-martial shall be executed until approved by the commander-in-chief, and whenever the finding of a court-martial is so approved the commander-in-chief shall cause the proper orders to be issued to the sheriff of the county in which such court is held to carry the finding of the court into effect in such manner as provided in civil cases, and if any person is sentenced to imprisonment in the county jail, the commander-in-chief shall order the commanding officer of such person to cause his arrest and delivery to the jailor of the nearest jail, to be therein confined for the term of the sentence. 981. (2886) Expenses and costs in military cases.-All expenses incurred, including payment of one stenographer, witnesses, who shall be allowed the same fees as in civil cases, and officers of the court, who shall be paid one-half of the pay to which officers of the like grade are entitled by law to receive in the United States army, shall be paid by warrant on the auditor, upon the approval of the commander-in-chief. The proceedings of all courts-martial shall be in accordance with the United States army regulations or customs of service prevailing in the United States army. Courts-martial may subpoena any witness residing within one hundred miles of the place where the court is sitting, to appear and testify before it; and the sheriff, on receiving any subpoena issued by direction of a court-martial and signed by the judge advocate thereof, shall make service and return of service as provided by law in civil cases. 982. (2887) Expenses of person traveling in obedience to orders of government.-Any person traveling in obedience to the orders of the governor shall be paid all actual expenses incurred in the performance of such duty, and the governor shall prescribe rules and regulations for the presentation, verifying, and paying of all expenses authorized by this chapter, and upon his direction in writing to the state auditor, he shall draw his warrant in favor of such person for the amount due him as approved by the governor. (Feb. 18, 1897, p. 1308, § 20.) 983. (2888) Medical supplies.-The surgeon of each regiment may purchase, with the approval of the commander-inchief, at the expense of the state, all necessary medicines, bandages, surgical instruments, etc., that may be necessary for the proper taking care of the troops while in active service, and for the expense so contracted such surgeon shall file his claim with the adjutant-general, not later than three months after the accrual of such expense, and the state auditor shall at once draw a warrant on the treasurer for the payment of the same. (Feb. 18, 1897, p. 1308, § 21.) 1899, p. 136, 18. 984. (2889) Exemption from poll tax and jury duty.- Feb. 23, Every officer, commissioned or non-commissioned, musician, and private of the Alabama National Guard is exempt from poll tax, road duty, street tax, and jury duty, during his active membership, any local or special laws to the contrary notwithstanding. The commanding officer of each troop, or battery, shall furnish each member of his command with a certificate of membership, as may be prescribed by the adjutant-general, signed by each commanding officer, which shall prove such exemption in any court, but such certificate shall be revoked whenever the holder is absent from four consecutive drills or parades, without good excuse, and which shall be good only during the calendar month for which it bears date. The commanding officer of a regiment, squadron, or battalion shall furnish a similar certificate to each of his staff and non-commissioned staff and musicians. (Feb. 18, 1897, p. 1308, § 22.) 985. (2890) (176) Pay of Alabama National Guard when in Ib., § 19. service. All officers of the Alabama National Guard ordered into the service of the state to aid in the enforcement of the laws thereof, shall receive one-half of the pay and allowance which officers of like rank in the United States army are entitled by law to receive, and non-commissioned officers and privates shall receive double the pay and the same allowance provided by law for the same rank of non-commissioned officers and men in the United States army. (Mar. 1, 1883, p. 103, § 22.) 986. (2891) (177) Guardhouse, preservation of order.-The Ib., § 20. commanding officer of troops in camp, or in other active service may establish a guardhouse. In such guardhouse he may incarcerate any non-commissioned officer or private, or any non-commissioned officer refusing to submit to arrest, and any civilian guilty of drunkenness, breach of the peace, disorderly conduct in camp, or within one-eighth of a mile thereof. The commanding officer may cause the removal from the camp, and the grounds within one-eighth of a mile of its boundary, of any drunk or disorderly or disreputable person. If such person returns to such limits without the permission |