Page:United States Statutes at Large Volume 41 Part 1.djvu/829

 808 SIXTY-SIXTH CONGRESS. Sims. II. C11. 227. 1920. gusS¤cgfi§_;Bg{1‘3Y¤· v. mscnnnarmoos PROVISIONS. 0,Dg)¢ >°*;·;,g§ Ama 104. Drscrimnunr rowmzs or oomumnrne or*r1onns.— ma Under such regulations as the President may prescribe, the commanding officer of any detachment, company, or higher command may, for minor offenses impose disciplinary punishments upon persons of his command without the intervention of a court-martial, unless the accused demands trial by court-martial. mggjivmew ¤*=¤'=`·h· The disciplinary punishments authorized by this article may Vo1.Il9,p.667,amend- include admonition, reprimand, withholding o privileges for not °d‘ exceeding one week, extra fatigue for not exceeding one week, restriction to certain specified limits for not exceeding one week, and hard labor without confinement for not exceeding one week, but shall not include forfeiture of pay or confinement under guard; exce&t that in time of war or grave public emergency a commandindg 0 cer of the grade of brigadier general or of higher grade may, un er the provisions of this article also impose upon an officer of his command below the grade of major a forfeiture of not more than one—half of such officer s monthly pay for one month. A person punished under authority of this artic e, who deems his pumshment unjust or disproportionate to the offense, may, through the proper channel, appeal to the next superior authority, but may in the meantime be uired to undergo the punishment adjudged. The commanding i->?cer who imposes the punishment, his successor in command, an superior authority shall ave power to mitigate or remit any unexccem-mman msi cuted portion of the lpjlrnishment. The imposition and enforcement “°"’°"°d‘ of disciplinary pimis ent rmder authority of this article for any act or omission shall not be a bar to trial by court-martial for a crime or offense growing out of the same act or omission; but the fact that a disci linary prmishment has been enforced may be shown biy the accused) upon trial, and when so shown shall be considered in etermining the measure of punishment to be adjudged in the event of a _ _ _ finding of guilty. ,,,§§’,,"’,$‘?°"”°“"°S"° Am-. 105. Imunms ro PROPERTY-··{REDRESS or.-Whenever complaint is made to any commanding officer that damaie has been done to the pgoperty of any person or that his property as been wrongi fully ta en by psrsons subject to military aw, such complliaint sha be investigated y a board consisting of any number of officers from one to three, which board shall be convened by the commanding officer and shall have, for the purpose of such investigation, power to summon witnesses and examine them upon oath or affirmation, \__ t { dim te receive depositions or other documentary evidence, and to assess »gQ~$`ZZBJfz$fi;-1-it. the damages sustamed agamst the responsible parties. The assessment of damages made by such board s all be su ject to the approval of the commanding officer, and in the amount approved by him shall be stopped against the pay of the offenders. And the order of such commanding officer directing stoppgges herein authorized shall be conclusive on anty drsbursing officer or the payment by him to the Un Ommmm or injured parties o the stoppages so ordered. detachment. Where the offenders can not be ascertained, but the organization or detachment to which they belong is known, steppages to the amount of damages inflicted may be madje and assessed in such proportion as may be deemed just upon the individual members thereo who are shown to have been present with such organization or detachment at the time the damages complained of were iniiicted as determined mm 0, dewm by the approved findings of the board. by can emma? °` Ama 106. Annnsr or DESERTERS BY crvrL or·rro1.u.s.—It shall be lawful for any civil officer havinllg authoritg under the laws of the United States, or of any State, erritory, istrict, or possession of the United States, to arrest offenders, summarily to arrest a deserter