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thirty days after such fine was imposed is hereby declared to be sufficient cause for the dishonorable discharge of such delinquent from the national guard.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 270; amended May 20, 1915, Stats. and Amdts. 1915, p. 673; May 10, 19 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 311. In effect immediately.

ARTICLE V.

MILITARY COURTS.

$ 2018. Military courts.
f 2019. Who may appoint courts-martial.
8 2020. Powers (of courts-martial].
$ 2021. Revision and approval of sentence.
$ 2022. Service of charges.
§ 2023. Subpænas, attachments, commissions.
$ 2024. Form of mandates: execution by public officers.
$ 2026. Fines (and penalties], how collected.
§ 2027. Fines and penalties for non-attendance of parades, etc. [repealed).

$ 2018. MILITARY COURTS. The military courts of this state shall be: (1) general courts-martial; (2) special courts-martial; (3) summary courts-martial; (4) courts of inquiry. The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment and the proceedings in the revision thereof, shall be governed by the terms of the articles of war, the National Defense Act of June 3, 1916, and the amendments thereto, the laws and regulations governing the army of the United States, and the law and procedure of similar courts of the United States army, except as otherwise provided in this title.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 272; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 311. In effect immediately.

8 2019. WHO MAY APPOINT COURTS-MARTIAL. The following officers may appoint courts-martial: (1) The President of the United States or the governor of the State of California may appoint general courts-martial. (2) The commanding officer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached command, may appoint special courts

martial for his command, but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable. (3) The commanding officer of each garrison, fort, post, or other place, regiment or corps, detached battalion, company, or other detachment of the national guard, may appoint for such place or command a summary court to consist of one officer who shall have power to administer oaths and to try the enlisted men of such place or command, for breaches of discipline, and violations of law governing such organizations.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 272; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 311. In effect immediately.

8 2020. POWERS [OF COURTS-MARTIAL]. 1. General courts-martial shall have the power to impose fines not exceeding two hundred dollars; to sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge from the service; to reduction of noncommissioned officers to the ranks; or any two or more of such punishments may be combined in the sentences imposed by such courts.

2. [Special courts-martial.] Special courts-martial shall have the power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States, and such special courtsmartial and [shall] have the same powers of punishment as the general courts-martial, except that fines imposed by such special courts-martial shall not exceed one hundred dollars.

3. (Summary courts-martial.] Summary courts-martial shall have the power to impose on enlisted men fines not exceeding twenty-five dollars for any single offense, and may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the United States army.

[Other powers.] All courts-martial including summary courts, shall also have such powers as are conferred on them by the articles of war, and shall have cognizance of and jurisdiction over all violations of said articles; they shall also have power to sentence to confinement in lieu of fines authorized to be imposed by such courts, but such sentences of confinement shall not exceed one day for each dollar of fine authorized.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended March 22, 1909, Stats. and Amdts. 1909, p. 633; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 312. In effect immediately.

8 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; but no sentence of dismissal from the service or dishonorable discharge shall be executed until approved by the governor of this state;

[Appeal to governor.) provided, that an officer or enlisted man so sentenced may within fifteen days after official publication of the action of the reviewing officer, appeal to the governor of this state 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 governor of this state, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended March 21, 1907, Stats, and Amdts. 1907, p. 830, Kerr's Stats, and Amdts. 1906-7, p. 118; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 312. in effect immediately.

§ 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 such time as is prescribed by the laws and regulations gov. erning procedure in the United States army in similar circumstances, and a court shall be ordered for his trial within the time similarly prescribed by the rules and regulations of the United States army. 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 after such release from arrest within the time prescribed by the rules and regulations of the United States army in similar circumstances. 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.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 273; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 313. In effect immediately.

8 2023. SUBPENAS, ATTACHMENTS, COMMISSIONS. Each military court shall have the same power to compel by subpena, by subpæna 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 subpænaed for nonattendance, 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 can not reasonably be produced at the trial to the same extent as the superior court aforesaid. Commissions and subpænas 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 prosecution, and upon application in behalf of any person to be tried by such court, either the president or the judge advocate may direct the commanding officer of any organization to cause such subpæna to be served on any member of his command. A witness not appearing in obedience to a subpæna 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 wenty-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 subpæna, and a judge advocate may sue for and recover such penalties in the name of the people.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 274; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 313. In effect immediately.

8 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 such courts, such process and mandates will be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. It shall be the duty of all officers to whom such process or mandates 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, county and city and 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. cept 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 the person in jail or custody thereunder.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 274; amended May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 314. In effect immediately.

8 2026. FINES (AND PENALTIES), HOW COLLECTED. For the purpose of collecting fines or penalties, imposed by a court-martial, the president of any such general or special court-martial and the summary court officer of any such summary court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must thereafter 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 is or was a member, and accounted for by said commanding officer in the same manner as are other state funds.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 275; amended March 22, 1909, Stats, and Amdts. 1909, p. 633; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 314. In effect immediately.

NON-ATTENDANCE AT

8 2027. FINES AND PENALTIES FOR PARADES, ETC. [repealed).

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 275; repealed May 10, 1917, Stats. and Amdts. 1917, p. 302. In effect immediately.

ARTICLE VII.

PAY AND ALLOWANCE.

$ 2079. Allowances for military organizations. Military fund. [Salaries of officers.]

8 2086. Salaries, adjutant general's department. 8 2079. ALLOWANCES FOR MILITARY ORGANIZATIONS. MILITARY FUND. (SALARIES OF OFFICERS.] There must be audited and allowed by the adjutant general and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the commanding officer of each infantry, coast artillery, engineer, field hospital, ambulance company, and the headquarters company of each regi. ment of infantry, and each division and marine company of the naval militia, except the engineer division of the naval militia, the sum of one hundred fifty dollars per month; to the commanding officer of each machine gun company, signal company, troop of cavalry, battery of field artillery, supply company, and the engineer divisions of the naval militia, the sum of two hundred dollars per month; to each supply company of separate battalions and squadrons the sum of seventy-five dollars per month; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, field hospital, or division. There shall be audited, allowed, and paid out of the same appropriation to the commanding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of the naval militia the sum of two hundred dollars per month; to the commanding officer of each regiment of infantry, and to the commanding officer of each unit of coast artillery corresponding to a regi. ment of infantry, two hundred dollars per month; to the commanding officer of each separate battalion of field artillery, naval militia, engineer troops and squadron of cavalry, the sum of fifty dollars per month, and to the commanding officer of each separate fort command, coast artillery, the sum of twenty-five dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding officer of the organization for which said sums are audited, allowed and paid. There shall be audited, allowed and paid to the commanding officer of the naval militia, the adjutant of each regiment of infantry and coast artillery, which shall have attached to it a uniformed and organized band of not less than twenty-five men, the sum of seventy-five dollars per month for such band; to the chief surgeon the sum of fifty dollars per month for rent and proper incidental expenses; and to the adjutant general [the] sum of fifteen thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutant general, and paid out of the appropriation for military purposes, to the medical officer in charge of each detachment of the medical department on duty with each regiment of infantry, coast artillery, the naval militia, separate battalions and squadrons, the sum of fifty dollars per month for rent and proper incidental expenses of such detachments, and to the medical officer in charge of detachment of the medical corps attached to each separate fort command, coast artillery the sum of ten dollars per month for proper incidental expenses. No claim shall be allowed under the provisions of this section except upon demand made quarterly in duplicate, signed and sworn to by the officer claiming the same before any officer of the national guard, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or separate squadron, or naval militia, with the approval of each commanding officer through whose headquarters they are required to pass, direct to the adjutant general; provided, that the adjutant general may make expenditures at any time for the promotion of target practice, out of the appropriation for that purpose herein provided for.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 278; amended March 21, 1907, Stats. and Amdts. 1907, p. 831, Kerr's Stats. and Amdts. 1906-7, p. 119; March 22, 1909, Stats. and Amdts. 1909, p. 634; March 9, 1911, Stats, and Amdts. 1911, p. 330; June 16, 1913, Stats, and Amdts. 1913, p. 1115; May 20, 1915, Stats. and Amdts. 1915, p. 675; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 314. In effect immediately.

8 2086. SALARIES, ADJUTANT GENERAL'S DEPARTMENT. shall be allowed and paid out of the general fund in the state treasury to officers, clerks and other employees in the adjutant generals department, the following salaries payable monthly: To the brigadier general of the adjutant generals department (the adjutant general) a sum not to exceed five thousand dollars per annum' to be fixed by the governor; to the lieutenant colonel of the adjutant generals department, three thousand dollars per annum; to the chief clerk, one thousand nine hundred dollars per annum; three clerks, one thousand seven hundred dollars per annum each; one stenographer and clerk, one thousand five hundred dollars per annum; one military storekeeper, one thousand two hundred dollars per annum; one assistant military storekeeper and porter, nine hundred dollars per annum,

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 279; amended March 22, 1909, Stats. and Amdts. 1909, p. 636; May 20, 1915, Stats. and Amdts. 1915, p. 676; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 316. In effect immediately.

ARTICLE VIII.

PRIVILEGES, PROHIBITIONS, ETC.

$ 2107. Armories and arsenals.

8 2107. ARMORIES AND ARSENALS. The adjutant general shall have control of all armories and arsenals built by the state, or that may come into possession of the state, or any building or buildings that may be erected, purchased, leased or provided by any town, city, county, or city and county, for armory or arsenal purposes pursuant to any legislative act. It shall be the duty of the adjutant general, under direction of the governor, to make and enforce regulations for the government and control of such armories, arsenals and buildings, and where appropriations have been made therefor, to advertise for and receive bids for the construction of armories, or arsenals, to enter into contract for the construction and completion thereof, to

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