Disbursements. by this act shall be disbursed by the Commissioners of the District of Columbia, upon vouchers duly certified and approved by the commanding general, and accounted for by them in the same manner as all other moneys appropriated for the expenses of the District.

Regulations.

pugnant to law,

GENERAL PROVISIONS.

SEC. 59. That companies, battalions, or regiments may adopt constitutional articles of agreement or by-laws, subject to the approval of the commander-in-chief, for the government of matters relating to the civic affairs of their respective organizations, the regulation of fines for nonperformance of duty, and the determination of causes upon which excuses from fines may be based: Provided, however, Not to be re- That such articles or rules shall not be repugnant to law or the regulations for the government of the militia: And provided further, That the articles or rules adopted by any Company and company or battalion shall not be repugnant to the articles or rules adopted for the general government of the regiment or battalion to which it belongs. Certified copies of such articles or rules, with like copies of all alterations, as finally approved by the commanding general, shall be deposited in the office of the adjutant-general.

etc.

battalion rules.

Duties of offi

cers.

Discipline.

Commanding general to make regulations.

Repeal.

V. 2, p. 215.

SEC. 60. The departmental and military duties of the officers provided for in this act shall be correlative with those discharged by similarly designated officers in the Army of the United States.

SEC. 61. That the system of discipline and field-exercise ordered to be observed by the Army of the United States, or such other system as may hereafter be directed for the militia by-laws of the United States, shall be observed by the National Guard.

SEC. 62. That the commanding general, subject to the approval of the commander-in-chief, is authorized to make and publish regulations for the government of the militia in all matters not specifically provided for by law, conforming the same to the practice and regulations of the Army so far as they may be applicable.

SEC. 63. That the act "more effectually to provide for R. S. D. C., ch. the organization of the militia of the District of Columbia,” 37, p. 138. approved March third, eighteen hundred and three, is hereby repealed. Act of March 1, 1889 (25 Stat. L., 772).

Issues to be made from Army stores.

July 23, 1888, v. 25, p. 627.

1287. That the Secretary of War be, and he is hereby, authorized to issue from the stores of the Army such arms, ordnance stores, quarter:rasters' stores, and camp equipage, to the militia of the District of Columbia as he may deem necessary for their proper equipment and instruction.

The property so issued shall remain and continue to be the property of the United States, and shall be annually accounted for in such manner as the Secretary of War may require. Act of July 23, 1888 (25 Stat. L., 627).

Leases, etc., to

be made by Com.

of the District of

Columbia.

June 12, 1896, v. 29, p. 412.

1288. That hereafter all leases and contracts involving expenditures on account of the militia shall be made by the missioners of the Commissioners of the District of Columbia; and the appropriations for the militia shall be disbursed only upon vouchers duly authorized by the Commissioners, for which they shall be held strictly accountable. And no contract shall be made or liability incurred under appropriations for the militia of the District of Columbia, beyond the sums herein appropriated. Act of June 11, 1896 (29 Stat. L., 412).

TERRITORIAL MILITIA.

militia.

The Territorial July 19, 1876, c. 212, v. 19, p. 91.

N. Mex., Sept.

9, 1850, c. 49, s. 3,

Wash., Mar. 2,

10, p. 173; Colo.,

1289. The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside v. 9, p. 447: Utah, Sept. 9, 1850, c. 51, in the Territory for which he is appointed, and shall be s. 2, v. 9, p. 453 commander-in-chief of the militia thereof. He may grant 1853; c. 90, s. 2, v. pardons and reprieves, and remit fines and forfeitures, for Feb. 28, 1861, c. offenses against the laws of the Territory for which he is 172: Dak., Mar. appointed, and respites for offenses against the laws of the 2, 1861 United States, till the decision of the President can be Ariz., made known thereon. He shall commission all officers 12. p. 665; Idaho, who are appointed under the laws of such Territory, and 117, s. 2, v. 12. p. shall take care that the laws thereof be faithfully executed. 26, 1864, c. 95, s. 2,

July 25, 1868, c. 235, s. 2. v. 15, p. 178.
Co. v. 356 Bales of Cotton, 1 Pet., 511.

Justices of the peace and all general officers of the militia in the several Territories shall be elected by the people in such manner as the respective legislatures may provide by law.

pro

59, s. 2, v. 12, p.

v. 12, p. Feb. 24, 1863, c. 56, s. 2, v.

Mar. 3, 1863, c.

809; Mont., May

v. 13. p. 86; Wyo., American Ins. Sec. 1841, R. S.

69, s. 2, v. 5, p. 671. Sec. 1856, R. S.

Other officers. N. Mex., Sept. 9, 1850, c. 49, s. 8,

v. 9, p. 449; Utah,

Sept. 9, 1850, c. 51, each Wash., Mar. 2,

8. 7, v. 9, p. 455;

1853, c. 90, s. 7, v.

pro- 10, p. 175; Colo., with 59, s. 7, v. 12, p.

Feb. 28, 1861, c.

174; Ariz., Feb.

All township, district, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be vided by the governor and legislative assembly of Territory; and all other officers not herein otherwise vided for, the governor shall nominate, and by and the advice and consent of the legislative council of each 24, 1863, c. 56, s. Territory, shall appoint; but, in the first instance, where a bak., Mar. 2, new Territory is hereafter created by Congress, the gov- 12. p. 241; Idaho, ernor alone may appoint all the officers referred to in this Mar. 3, 1863, c. and the preceding section and assign them to their respec- 811; Mont., May tive townships, districts, and counties; and the officers so v.3, p. 88; Wyo., appointed shall hold their offices until the end of the first 235, s. 7, v. 17, p. session of the legislative assembly.

2, v. 12, p. 665; 1861, c. 86, s.7. v.

117, s. 7, v. 12. p.

26, 1864, c. 95, s. 7,

July 25, 1868, c.

Sec. 1857, R. S.

sued to Territo

States.

13, July 3, 1876,

Res. No. 7, Mar.

410; May 16, 1878, v. 20, p. 61.

Arms to be is- 1290. That the Secretary of War is hereby authorized to ries and border cause to be issued to the Territories, and the States borderJoint Res. No. ing thereon, such arms as he may deem necessary for their v. 19, p. 214: Joint protection, not to exceed one thousand to said States and 3, 1877, v. 19, p. Territories each, and ammunition for the same, not to exceed fifty ball cartridges for each arm: Provided, That such issues shall be only from arms owned by the Government which have been superseded and no longer issued to the Army: Provided however, that said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said States or Territories showing the absolute necessity of arms for the protection of the citizens and their property against Indian raids into said States or Territories also that militia companies are regularly organized and under control of the governors of said States or Territories to whom said arms are to be issued, and that said governor or governors shall give a good and sufficient bond for the return of said arms or payment for the same at such time as the Secretary of War may designate: Provided, That the quota to the States now authorized by law shall not hereby be diminished.' Joint Res. No. 13, July 3, 1876 (19 Stat. L., 214).

Additional

arms, etc., for

Joint Res. No.

1291. That the Secretary of War is hereby authorized Territories. to cause to be issued to each of the Territories of the 26, June 7, 1878, United States (in addition to arms and ammunition the v. 20, p. 252. issue of which has been heretofore provided for), such arms not to exceed one thousand in number as he may deem necessary, and ammunition for the same not to exceed fifty ball cartridges for each arm: Provided, That such issue shall be only from arms owned by the Government of the United States which have been superseded and no longer issued to the Army: And provided further, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said Territories showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within or of Indian raids into such Territories: And provided further, That the said governor or governors of said Territories to whom the said arms may be issued shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the Secretary of War may designate, as now provided for by law. Joint Res. No. 26, June 7, 1878 (20 Stat. L., 252).

1 Superseded as to the Territories by joint resolution No. 26, June 7, 1878 (20 Stat. L., 252), paragraph 1291, post. See also paragraphs 1276 and 1277, ante.

CHAPTER XXXV.

MILITARY TRIBUNALS-COURTS-MARTIALCOURTS OF INQUIRY.

Arrest of offi

cers.

1343. Authentication of proceed- 1353. Copies of records, etc., in

1292. Officers charged with crime shall be arrested and 65 Art. War. confined in their barracks, quarters, or tents, and deprived of their swords by the commanding officer. And any officer

An officer may be put in arrest by a verbal or written order or communication from an authorized superior, advising him that he is placed in arrest or will con sider himself in arrest or in terms to that effect. The reason for the arrest need not be specified. At the same time he is usually required to surrender his sword, though this formality may be dispensed with. But an arrest, though an almost invariable, is not an essential preliminary to a military trial. To give the court jurisdiction it is not necessary that the accused should have been arrested; it is sufficient if he voluntarily, or in obedience to an order directing him to do so, appears and submits himself to trial. So neither the fact that an accused has not been formally arrested or arrested at all, nor the fact that having been once arrested and released from arrest he has not been rearrested before trial, can be pleaded in bar of trial or constitute any ground of exception to the validity of the proceedings or sentence. An officer is in no case entitled to demand to be arrested. (Dig. Opin. J. A. Gen., 169, par. 1.) See, also, MANUAL FOR COURTS-MARTIAL, pp. 4-8.

The term "crime" is here employed in a general sense, referring to offenses of a military character, as well as to those of a civil character which are cognizable by court-martial. An offense in violation of this article is only committed when an officer, confined in "close arrest" to his quarters, leaves the same without authority. A breach of a mere formal arrest, or of any arrest not accompanied by confinement to quarters, would be an offense, not within this article, but under article 62. (Ibid., p. 78, par. 1.)

Except in the class of cases indicated in article 24, only "commanding officers" can place commissioned officers in arrest. (See par. 897, Army Regulations, 1895.) The commanding officer thus authorized is the commander of the regiment, company, detachment, post, department, etc., in which the officer is serving. Where a company is included in a post command, the commander of the post rather than the company commander is the proper officer to make the arrest of a subaltern of the company. In the majority of cases, however, arrests are originally ordered by the authority by whom the court has been or is to be convened. (Ibid., 170, par. 2.) It is clearly to be inferred from paragraphs 897-898 of the Army Regulations, 1895, that unless other limits are specially assigned him, an officer in arrest must confine himself to his quarters. It is generally understood, indeed, that he can go to the mess house or other place of necessary resort. It is not unusual, however, for the commander, in the order of arrest, to state certain limits within which the officer is to be restricted, and, except in aggravated cases, these are ordinarily the limits of the post where he is stationed or held. An officer or soldier, though retained in close arrest, should be permitted to receive such visits from his commisel, witnesses, etc., as may be necessary to enable him to prepare his defense. (Ibid., par. 3.)

The status of being in arrest is inconsistent with the performing of military duty. Placing an arrested officer or soldier on duty terminates his arrest. Releasing a soldier from arrest and requiring him to perform military duty, after his trial and while he is awaiting the promulgation of his sentence, can be justified only by an extraordinary exigency of the service. (Ibid., par. 4.)

In all cases of "constructive" breach of arrest, such as exercising military author. ity, wearing sword, etc., the accused can not be charged under the sixty-fifth article,