Page:United States Statutes at Large Volume 39 Part 1.djvu/687

 666 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 418. 1916. cmnm ummm- “Aar. 95. CON1>UcT UNBBCOMINQ AN ormcnn AND GENTLE1dAN.* lY§..'§Ym°“"°‘“` Any officer or cadet who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the S91'V1C8._ ozimaisucesee., "A1z·r. 96. GENERAL An·r1oLm.—Thoutg1h not_ mentioned m these °°"“‘°"'°,,,,,,,,,,L °’ °°‘“`“‘ articles, all disorders and neglects to e prejudice of good order and military discipline, all conduct of a nature to bring discredit u n the militar§ service, and all crimes or offensw not capitalig of wgch persons su ject to military law may be guilty, shall be ta en cognizance of by a general or special or summary court-martial according to the nature and degree of the offense, and punished at the discretion of such court. cmamsquay. “IV. Comrrs or Iuoumr. A¤¤¤¤¤¢r ¤<¤ ¤¤i¤— "Aa·r. 97. Wmnw Arm nr wnou onnmnm>.—A court of inquiry mg' to examine into the nature of any transaction of or accusation or imputation ainst any officer or soldier may be ordered by the President oraiy an commanding officer; but a court of mqmry Bcqucstwbcmmc. Slmll not be ordered by any commandiirj; omcer except upon_ the reqluest of the officer or soldier whose con act IS to be mquired mto. ¤¤¤p¤¤¤=i¤¤. Aer. 98. COMPOSHTON.—A court of mquiry shall consist of three or more officers. For each court of inquiry the authority appointing the court shall appoint a recorder. _ ¤1¤ll¤¤a¤¤. ‘Am·. 99. CHAH.BNGES.—MBmb91B of a court of inquiry may be challenged by the party whose conduct is to be ixiquired into, but only for cause stated to the court. The court sh determine the relevancy and validity of any challenge, and shall not receive a challenge to more than one member at atime. The party whose conduct is being inquired into shallhave the right to be represented before the court by counsel of his own selection, if such coimsel be reasonably availab e. °¤“=$· "Am·. 100. OATH or mummzs AND BEOORDER.—Tl16 recorder of a co1u·t of inquiry shall administer to the members the following oath: ‘You, A. B., do swear (or affirm) that you will well·and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, pre'udice, or hope of reward. S0 help you, God.’ After which the president of the court shall administer to the recorder the following oath: ‘You, A. B., do swear (or affirm) that you will, accordinato your best abilities, accurately and impartiallv record the procee `ngs of the co1u·t and the evidence to be given in the case in hearing. So help you, God.’ ’*m¤¤¤**°*¤— "In (paso of affirmation the closing sentence of adjuration will be omitte . _m`§°“·‘=¤· P*°°·>d¤*¤· "Am·. 101. Pownns; rr.ocnntmr:.——A court of inquiry and the recorder thereof shall have the same power to summon and examine witnesses as is given to courts—martial and the judge advocate thereof. Such witnesses shall take the same oath or affirmation that is taken by witnesses before courts—martial. A reporter or an interpreter for a court of inquiry shall, before entering upon his duties, take the oath or affirmation required of a reporter or an interpreter for a courtmartial. The party whose conduct is being inquired into or his coimsel, if any, shall be permitted to examine and cross-examine _ _ witnemes so as fully to investigate the circumstances in question. mQ,g§j>¤°¤¤=¤¤*¤*·>- “Anr. 102. Qrjnuon ox Mmzrrs or oAsE.—A court of inquiry shall not give an opinion on the merits of the case inquired into unless specially ordered to do so. R·=¢<¤d¤f<>§¤k¤¤¤- "An·r. 103. Bnconn or PROCEEDINGS-IIOW Ar:·rrn·;N·rrcA*rnn.— A¤**¤'=¤¤¢=>¤¤¤· Each court of inquiry shall keep a record of its proceedings, which shall be authenticated bv the signature of the president and the recorder thereof, and be forwarded to the convening authority. In case the record cannot be authenticated by the recorder, by reason of lus death, disability. or absence, it shall be signed by the president and by one other member of the court.