Page:United States Statutes at Large Volume 41 Part 1.djvu/809

 788 SIXTY·SIXTH CONGRESS. Sess. II. Ch. 227. 1920. Aarxcirs or_ wm. II. COURTS-MARTIAL. Courts-martial. clams- Ama 3. COURTS-MARTIAL CLASSIFIED.—-OOUIES-m&Itl&l shall be of three kinds, namely: G¢¤¢¤**~ First, eneral courts·martial; SP•°”l· Seconi special courts·martial; and S‘”¤¤°~'Y· Third, summary courts-martial. C°¤¤P¤¤i¤<>=· A. COMPOSITION. wg§rg:*= ¢¤¤=P¤*¤¤¤ Anr. 4. Wno MAY smzvm ON COURTS-MARHAL.—All oiicers in the ` military service of the United States, and officers of the Marine Corps when detached for service with the Army by order of the President, shall be competent to serve on courts-martial for the trial of an persons who may lawfully be brought before such courts for trial. VVKen appointing courts-martial the appointing authority shall detail as members thereof those officers o the command who, in his ,,§;}*;{§'°“°°· $°‘°°‘ opinion, are best cgfaliiied for the duty by reason of age, training, voraodaa, a aa, experience, and ju 'cial temperament; and officers having less than °m°° two years’ service shall not, if it can be avoided without manifest injury to the service, be appointed as members of courts-martial in excess of the minority membership thereof. “°“°”" °°“'”· Asr. 5. GENERAL couars-uAnrrAL.—General courts-martial may consist of any number of officers not less than five. SP°°’“· Aer. 6. Srmcriu. oomrrs-uAnr1AL.—Special courts-martial may consist of any number of officers—not less than three. B““““”'· Ama 7. Summnr counrs-uAnr1AL.—A summary co1u·t-martial shall consist of one officer. ·**"’°‘“““°“‘· n. nr wnom Arromrnn. G°“°“" °°‘“"‘“· Ama 8. GENERAI» COURTS-MAB'1’IAL.—-’I`l18 President of the United States, the commanding officer of a territorial division or department, the Superintendent o the Military Academy, the commanding officer of an army, an army corps, a division, or a separate bri%de, and, when empowered by the President, the commanding officer of any district or of any force or body of troops ma appoint general courts-martial; but when any such commander is the accuser or the prosecutor of the person or persons to be tried the court shall be appointed by superior competent authority, and no officer shall be e `gible to sit as a member of such court when he is the accuser or a witness for the prosecution. dg;§Y`,,d'T‘°mb°” t° M The authority appointing a lgeneral court-martial shall detail as m};;;;,ed3°· P- 65% one of the members thereo a aw member, who shall be an officer ` of the Judge Advocate General's Department, except that when an officer of that departmentis not available for the urpose the appoint- Mdu I du ing authority s all detail instead an officer ofp some other ranch ’ °°° °y' of the service selected by the a pointing authority as specially qualined to perform the uties of liaw member. The law member, in addition to his duties as s. member, shall perform such other duties S cm C um as the P1`€S1d€Hb may by regulations prescribe. W ° ART. 9. Sr12:o1AL COURTS—M.ARTIAL.—-· he commanding officcr of a district, garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a brigade, regiment, detached battalion, or other detached command may appoint special courts-martial; but when any such commandmgbofiicer is the accuser or the prosecutor of the person_or persons to e tried, the court shall be appointed by superior authority, and may in any case be appointed b superior authority when by the latter deemed desirable; and no oécer shall be eligib e to sit as a member of such court when he is the accuser or a witness for the prosecution.