Page:United States Statutes at Large Volume 41 Part 1.djvu/828

 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 227. 1920. 807 the militarg service, and all crimes or offenses not capital, of which *"""·“ °' "·“*~ persons su ject to military law may be guilty, shaH be taken co - nizance 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. , 4 IV. COURTS OF INQUIRY. Courts ermquiry. Anjr. 97. Wnmw Arm nr wnou om>mmn.——A court of inquiry to ,,,?¤°**°*i*Y*°* M"- examine into the nature of any transaction of or accusation or im- ` Hutation against any officer orsoldier may be ordered by the Presient or by any commanding ofIicer• but a court of inquiry shall not R°'1“°°“°l’°m°d•· be ordered by any commanding officer except upon the request of the officer or soldier whose con act is to be mquired into. Aer. 98. Com·0srr1o¤.—A court of inquiirhy shall consist of three °°'¤P°=*”°¤· or more officers. For each court of inquiry e authority appointing the court shall appoint a recorder. Am`. 99. CHALLENGES.—M6mb0lB of a court of inquir may be ¤h¤¤¤¤s¤¤»¤¢¤· challenged by the party whose conduct is. to be iniiuiredy into, but only for cause stated to the court. The ·court sha determine the relevancy and validity of any challenge, and shall not receive a challenge to more than one member at a time. The party whose conduct is being inquired into shall have the  to be represented before the court by counsel of his own selection, if such counsel be reasonably availab e. ’ r Aer. 100. Oazrn or unmnmssann nnconmms.-The recorder of a °¤¤··· court of in shall administer to the members the following oath: "You, A. we swear ,(or‘ afiirm) that you will well and truly examine and in ruire, according to the evi ence, into the matter now before you wiltihout partialggy, favor, affection, prejudice or holpe of reward. So help you G ." After which the president o the court shall administer to the recorder the following oath: "You, A. B., do swear (or aflirm) that lyou will, according to y0l11' best abilities, accurately and impartia y record the proceedings of the court and the evidence to be given m the case in hearing. So help ou God." y In egse of aiiirmation the closing sentence of adjuratien will be *m”'“°“°”· omitte. Anr. 101. Powmzsg rBo0¤DUm¤.—A court of inquiry and the °,,§°"°“· "°°°"'"°· recorder thereof shall have the same_ power to summon and examine witnesses as is given to courts·mart1al and the trial 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 mqiury shall, before entering upon his duties, take the oath or aiiirmation required of a reporter or an interpreter for a court-martial. Th;g.rt{K:vhose conduct is  inquire into or his counsel, if any, ll permitted to examine and crossexamine witnesses so as fully to mvestigate the circumstances m uestion. ~ . q Ayr. 102. Orrmon ON Mmwrs or casa.-A court of inquiry shall ,,§.;{°"§"a$'Y °” mms not give an opinion on the merits of the case inquired into unless specially ordered to do so. Records to be MPL Aer. 103. Rnconp OF raocnnmNes—H0w A GATE`D:·· aummemem. Each court of inquiry Shall keep a record of its proceedings, which shall be authenticated bfy the signatiue of the president and the recorder thereof, and be orwarded to the convening authority. In ease the record cap 110t be authenticated by the recorder, by reason of his death, disability, or absence, it shall be signed by the president and by one other member of the court.