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915. Inspectors will exercise great care in examining property submitted to them for condemnation and in making recommendations regarding its disposition. Articles "to be continued in service" are such as are still serviceable. Those "to be dropped" from the returns are such as can not be sold at the post and are not worth cost of transportation to an arsenal or depot for repair. If worthless they must be so far destroyed as to prevent any possibility of future presentation. Such articles as can not be destroyed will, when practicable, be marked "I. C." (inspected— condemned), or will be broken up and the serviceable parts retained. Condemned animals will be branded "I. C." on the neck under the mane. Should the inspector's recommendation be disapproved in regard to articles marked "I. C.," the marks will be canceled and a certificate of the fact given to the responsible officer. Suitable brands and stencils will be kept for use of inspectors at posts and depots. Articles “to be sold at post” are such as are of no further public use or not worth cost of transportation to a depot. Those "to be turned into depot" are such as can not be repaired at the post and are worth cost of transportation. Small arms found to be unfit for service will be turned in to the nearest arsenal or depot. Property will not be turned into depots without authority from the head of the staff department to which the property pertains, except in the Philippines Division, where such authority may be given by the commanding general of the division. The authority herein referred to, of heads of staff departments, will usually be given in general terms in the form of approved memoranda indicating the most advantageous method of disposing of various classes of unserviceable property, which memoranda will serve as guides to department and higher commanders and inspectors.

916. Public property in use will not be reported as unserviceable nor condemned by an inspector merely because worn or shabby in appearance when really strong and serviceable.

917. Great care will be taken to prevent property once condemned and ordered dropped from the returns from being again presented for inspection. When public property is presented to an inspector for condemnation the officer responsible will certify on the inventory that the property has not been previously condemned.

918. Inspectors will, when practicable, cause the destruction, in their presence, of all property found to be worthless and which is without money value at or near the place of inspection, except small arms, and will state in their reports that "the articles recommended to be destroyed have no money value at or near the post." The action of an inspector on property of this character will be final, and his report will be a valid voucher for the responsible officer. Inspectors will be held responsible for their action in this particular. When property thus condemned is not destroyed in the presence of the inspector or a disinterested officer representing the inspector, the responsible officer will certify to the fact of subsequent destruction in his presence.

919. An inspection report on damaged clothing will set forth the amount of damage to each article; also a list of such articles as are fit to issue to prisoners, or, at reduced prices, to enlisted men willing to receive them.

920. Department or higher commanders may give orders, on the reports of authorized inspectors, to make such disposition of condemned property as the case may require, except public buildings, for which the order of the Secretary of War is required. If the property be of considerable value, and there be good reason to suppose that it can be more advantageously applied or disposed of elsewhere than within the command, the report will be forwarded for the action of the War Department. 20. 148-07 92021. Orders for the final disposition of condemned property will be indorsed by the proper authority on the inspection reports, each copy being made complete in itself. One will be forwarded, through military channels, to the Inspector-General of the Army, and the others to the accountable officer, who will forward one with his accounts, and file the other with his retained papers.

JUDGE-ADVOCATE-GENERAL'S DEPARTMENT.

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ARTICLE LXIX.

JUDGE-ADVOCATE-GENERAL'S DEPARTMENT.

922. The Judge-Advocate-General is the custodian of the records of all general courts-martial, courts of inquiry, and military commissions, and of all papers relating to the title of lands under the control of the War Department, except the Washington Aqueduct and the public buildings and grounds in the District of Columbia. The officers of this department render opinions upon legal questions when called upon by proper authority.

923. The judge-advocate of each department, or the officer acting as such, will, as soon as practicable after June 30 of each year, render to the Judge-Advocate-General a report for the year terminating on that date, giving the number and character of cases tried by courts-martial in the Department during the period. This report will separately classify the trials of officers and enlisted men, and show whether by general, garrison, or summary courts, the number of acquittals in each class and the number of different men tried by inferior courts, and contain his recommendations and remarks touching the administration of military justice.

924. The original proceedings of all general courts-martial, courts of inquiry, and military commissions, with the decisions and orders of the reviewing authorities made thereon, and the proceedings of all general courts-martial, courts of inquiry, and military commissions which require the confirmation of the President, but which have not been appointed by him, will be forwarded direct to the Judge-AdvocateGeneral. One copy of the order promulgating the action of the court and a copy of every subsequent order affecting the case will be forwarded to the Judge-AdvocateGeneral, with the record of each case. When more than one case is embraced in a single order, a sufficient number of copies will be forwarded to enable one to be filed with each record. The proceedings of all courts and military commissions appointed by the President will be sent direct to the Secretary of War.

925. Judge-advocates and acting judge-advocates will forward to the JudgeAdvocate-General, on June 30 each year, with the reports prescribed in paragraph 923, lists of the law books for which they are responsible.

926. Applications of officers, enlisted men, and military prisoners for copies of proceedings of general courts-martial, to be furnished them under the one hundred and fourteenth Article of War, will, when received by post or other commanders, be forwarded direct to the Judge-Advocate-General.

927. Communications relating to proceedings of military courts on file in the Judge-Advocate-General's Department will be addressed and forwarded direct by department commanders to the Judge-Advocate-General. In routine matters, the Judge-Advocate-General and judge-advocates may correspond with each other direct.

928. The reports which the Judge-Advocate-General may render upon cases received by him, and which require the action of the President, will be submitted to the Chief of Staff.

ARTICLE LXX.

ARREST AND CONFINEMENT.

929. Only commanding officers have power to place officers in arrest, except as provided in the twenty-fourth Article of War. An arrest may be ordered by the commanding officer, in person or through a staff officer, orally or in writing.

930. An officer arrested will repair at once to his tent or quarters, and there remain until more extended limits have been granted by the commanding officer. Close confinement will not be enforced except in cases of a serious nature.

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ARREST AND CONFINEMENT.

931. Officers will not be placed in arrest for light offenses. For these the censure of the commanding officer will generally answer the purpose of discipline. Whenever a commanding officer places an officer in arrest and releases him without preferring charges he will make a written report of his action to the department commander, stating the cause. The department commander, if he thinks the occasion requires, will call on the officer arrested for any explanation he may desire to make, and take such other action as he may think necessary, forwarding the papers to The Military Secretary of the Army for file with the officer's record, or for further action.

932. A medical officer, charged with the commission of an offense, need not be placed in arrest until the court-martial for his trial convenes if the service would be inconvenienced thereby, unless the charge is of a flagrant character.

933. An officer in arrest will not wear a sword nor visit officially his commanding or other superior officer, unless directed to do so. His applications and requests of every nature will be made in writing.

934. On the march, field officers and noncommissioned staff officers in arrest will follow in the rear of their respective regiments, and company officers and noncommissioned officers in arrest in rear of their respective companies, unless otherwise specially directed.

935. Enlisted men against whom charges have been preferred will be designated as "awaiting trial;" enlisted men who have been tried will, prior to the promulgation of the result, be designated as "awaiting result of trial;" enlisted men serving sentences of confinement, not involving dishonorable discharge, will be designated as "garrison prisoners;" those sentenced to dishonorable discharge and to terms of confinement in penitentiaries or at military posts will be designated as "general prisoners."

936. Noncommissioned officers will not be confined at the guardhouse in company with privates, except in aggravated cases or where escape is feared, but will be placed in arrest in their barracks or quarters.

937. Except as provided in the twenty-fourth Article of War, or when restraint is necessary, no soldier will be confined without the order of an officer, who shall previously inquire into his offense.

938. The arrest or confinement of an enlisted man will, as soon as practicable, be reported to his company or detachment commander by the officer authorizing the arrest or confinement.

939. Prisoners awaiting trial by, or undergoing sentence of, general court-martial and those confined for serious offenses will, if practicable, be kept apart from those confined by sentence of an inferior court, or for minor offenses. Enlisted men awaiting trial or awaiting result of trial will not be sent to work with garrison or general prisoners if it can be avoided, and may, in the discretion of the commanding officer, be required to attend drills, or sent to work under charge of a sentinel, during the usual working hours. General prisoners will not be confined with other prisoners except in cases of necessity.

940. Soldiers against whom charges may be preferred for trial by summary court will not be confined in the guardhouse, but will be placed in arrest in quarters, before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary.

941. If there are any prisoners with no record of charges against them, the old officer of the day will report that fact to the commanding officer, who will give the necessary instructions.

942. Prisoners will not be placed in irons except pursuant to sentence of a court martial, or in the extraordinary case of a prisoner who, in the judgment of the commanding officer, is a desperate or dangerous character, in which case report of action and the circumstances will be immediately made to the department commander. A

prisoner may be shackled or handcuffed while being transported from one post to another, or from a post to a penitentiary when, in the judgment of the officer in charge, the escape of the prisoner can not otherwise be prevented.

943. The Secretary of War will designate certain posts as places where general prisoners sentenced to confinement for six months or more shall serve their sentences. Special rules and regulations will be promulgated by the War Department to govern the enforcement of discipline, the methods of guarding, and the treatment of these prisoners; also the measure of labor to be imposed and the character of clothing and diet to be furnished them.

944. The commanding officer at posts where general prisoners are confined will, on the last day of every month, forward to the War Department and to department headquarters a return of general prisoners. Blank forms for this return will be furnished by the War Department.

945. Prisoners will be forwarded from places of trial to posts at which they are sentenced to serve confinement only on orders of department commanders or higher authority. The strength of guards to accompany them will be limited to the necessities of safe delivery. Orders detailing guards in charge of military prisoners will provide for the return journey of the guard and for commutation of rations, when such commutation is necessary. The commanding officer of a post from which a prisoner is transferred will send, under seal, to the commanding officer of the post where the sentence of confinement is to be executed the following papers in his case, viz: Discharge papers, if discharged, descriptive list, orders promulgating and modifying sentences, statement of conduct while under sentence to date of transfer, and a list of clothing in possession of the prisoner when forwarded.

946. All serviceable clothing which belongs to a prisoner, and his blankets, will accompany him to the post designated for his confinement, and will be fully itemized on the clothing list mentioned in the preceding paragraph. The guard in charge of the prisoner during transfer will be furnished with a duplicate of this list and will be held responsible for the delivery of all articles itemized therein, with the prisoner. At least one serviceable woolen blanket will be sent with every such prisoner so transferred.

947. The personal effects of military prisoners who have escaped from confinement, except such as possess some special value as keepsakes, may be disposed of by sale as in the case of effects of deceased soldiers, and the proceeds thereof, together with any money left by the prisoner in the hands of the company commander, be turned over to a paymaster, who should account for the same in the manner provided for paymasters' collections. The officer will take the paymaster's receipt for the amount paid him and forward the same to the Auditor for the War Department. 235-7 948. A general prisoner, before being released from confinement at a post, will

be carefully examined and a record of all marks, scars, and physical peculiarities made by a medical officer on the outline figure card used in the examination of recruits, which the medical officer will forward direct to The Military Secretary of the Army.

(70-5949. General prisoners will be allowed, in abatement of their terms of confine6706 ment, when serving sentences of over three months and not over twelve months, five

days for each complete period of twenty-five days during the whole of which their conduct has been good; and when serving sentences of over one year and not over three years, ten days for each complete period of twenty days during the whole of which their conduct has been good.

Abatements thus authorized may be forfeited, wholly or in part, by subsequent misconduct. Such forfeitures are determined by the commanding officer of the post where the prisoner is confined. Abatement for good conduct in serving sentences of confinement of over three years will not be less than on sentences of less than three years, but each case will be determined on its merits by the department commander.

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140

COURTS-MARTIAL-WITNESSES.

950. The power to pardon or mitigate punishment imposed by a court-martial, vested in the authority which confirms the proceedings or the corresponding authority under whose jurisdiction the sentence is being executed, extends only to unexecuted portions of a sentence. The fact that a soldier has been dishonorably discharged through his sentence does not affect this power. An application for clemency in case of a general prisoner sentenced to confinement in a penitentiary will be forwarded to the Secretary of War for the action of the President. The power to commute sentences imposed by military tribunals, not being vested in military commanders, can be exercised by the President only.

ARTICLE LXXI.

COURTS-MARTIAL.

951. The order appointing a court-martial will name its members in order of rank, and they will sit according to rank as announced. A decision of the appointing authority as to the number that can be assembled without injury to the service is conclusive.

952. The place of holding a court is designated by the authority appointing it. Courts will be assembled at posts or stations where trial or examination will be attended with the least expense. A member stationed at the place where it sits is liable to duty with his command during adjournment from day to day. Courts will, as far as practicable, hold their sessions so as to interfere least with ordinary routine duties.

953. A president of the court will not be announced. The officer highest in rank present will act as president.

954. A court-martial has no power to punish its members; but for disorderly conduct a member is liable as for other offenses against military discipline. Improper words used by him should be taken down in writing, and any disorderly conduct reported to the appointing authority.

955. When a court sits in closed session, the judge-advocate will withdraw, and when legal advice or assistance is required it will be obtained in open court.

SUBPOENAS TO WITNESSES.

956. The judge-advocate will summon the necessary witnesses for the trial, but will not summon witnesses at the expense of the Government without the order of the court, unless satisfied that their testimony is material and necessary. A subpœna may be served by any person.

957. Judge-advocates of courts-martial will, whenever it is possible, send subpoenas through military channels.

958. An officer or enlisted man who receives a summons to attend as a witness before any military court, board, civil court, or other tribunal competent to issue subpoenas, which is sitting beyond the limits of the department where he is serving, will, before starting to obey the summons, forward it through the proper channel to his department commander, that necessary orders or authority to obey a civil process may be given. In urgent cases, or when the public interest would be liable to suffer by delay, a post commander may authorize immediate departure, reporting his action and the reasons therefor to the department commander.

WRITS OF ATTACHMENT.

959. Judge-advocates of military courts, in issuing process under section 1202, Revised Statutes, to compel the attendance, as witnesses, of persons not in the military service in the State, Territory, or District in which the court sits, will formally direct the same to an officer designated by the department commander to execute it. The nearest military commander will furnish the necessary military force for the ecution of the process, if force be required.