qualify, etc. Penalty. to appear, or refuses to qualify as a witness or to testify Refusal to or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be guilty of a misdemeanor, for which such person shall be punished on information in the criminal courts of the District of Columbia, and it shall be the duty of the United States attorney for the District of Columbia, on certification of the facts to him by any military court herein provided for, to file an information against and prosecute the person so offending and the punishment of such person on conviction shall be by a fine of not more than one hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court: Provided, That this Nonresi. section shall not apply to persons residing beyond the dents. limits of the District of Columbia, and that the fees of such witness and his mileage at the rate provided for witnesses in the United States district court in said District shall be duly paid or tendered said witness: And prorided, That no witness shall be compelled to incriminate himself or to answer any questions which may tend to criminate or degrade him. "SEC. 61. That the sentences of said courts, whether of fine or imprisonment, shall be executed by the United States marshal for the District of Columbia in the same manner as are sentences of the criminal courts of said District. Provisos. Incriminat ing testimony. Sentences. Warrants for "SEC. 62. That whenever it shall appear to a regularly arrest of acconstituted court-martial convened under the provisions cused. of this Act that the accused, having been duly ordered or summoned to appear before such court-martial for trial, has refused or neglected so to appear, such court-martial shall issue a warrant or attachment for the arrest of the accused, directed to the United States marshal for the District of Columbia, who shall forthwith execute said warrant or attachment, make proper return thereof to such court-martial, and produce to such court-martial the body of the accused, if within the District of Columbia, and to retain the custody thereof and continue so to produce said body during the sessions of such court-martial until the conclusion of the trial, unless sooner discharged by said court-martial." Strike out all of sections fifty-two, fifty-three, and fiftyfour. Change number of section fifty-five to "sixty-three." Change the number of section fifty-six to "sixty-four," and amend it to read as follows: Section numbers changed. Musicians' pay. Annual en "SEC. 64. That during the annual encampment, and on every duty on parade ordered by the commanding general, there shall be allowed and paid for each day of campments, etc. service: To each member of the regularly enlisted bands, four dollars; to the chief musicians, eight dollars; and to the principal musicians, six dollars. In event there is no enlisted band or field music, or not a sufficient number 12607-09- -7 Proviso. Section number changed. Annual estimates. of either, the commanding general may authorize the employment of such as he may deem necessary for the occasion: Provided, That the total pay of enlisted musicians shall not in any event exceed the rates authorized by this section." Change the number of section fifty-seven to "sixtyfive." Strike out all of section fifty-eight, and insert in lieu thereof the following: "SEC. 66. That the commanding general shall annually transmit to the Commissioners of the District of Columbia an estimate of the amount of money required for the next ensuing fiscal year to pay the expenses authorized by this Act, and the said Commissioners shall include the same in their annual estimates of appropriations for the District; and all money appropriated to pay the expenses Disburse-authorized by this Act shall be disbursed in accordance with law." ments. Section numbers changed. corps organ ized. of. Change the number of section fifty-nine to "sixtyseven." Change the number of section sixty to "sixty-eight." Change the number of section sixty-one to "sixty-nine." Change the number of section sixty-two to "seventy." Change the number of section sixty-three to "seventyone." Following section sixty-three insert the following additional sections: Reserve "SEC. 72. That a reserve corps of the National Guard of the District of Columbia is hereby organized, to conComposition sist of honorably discharged officers and men of the Army, the Navy, and the Marine Corps of the United States, honorably discharged officers and men of the organized militia of any State or Territory who are residents of the District of Columbia, and honorably discharged members of the National Guard of the District of Columbia whose military training and physical condition shall conform to the standard determined by regulations to be promulgated by the President of the United States: Provided, That the term of enlistment in the reserve and the military duties and obligations required of reservists shall be determined by regulations to be promulgated by the President of the United States: Provided further, That when called out for military duty, reservists shall receive the same pay and allowances as officers and men of like grade on the active list of the National Guard of the District of Columbia. Provisos. Term of enlistment. Pay. Exempt from jury duty. District of Columbia "SEC. 73. That all officers and enlisted men of the Na tional Guard of the District of Columbia, both active and retired, shall be exempt from jury duty. "SEC. 74. That whenever the words 'State or Terricluded in mili-tory' are used in the 'Act to promote the efficiency of the militia, and for other purposes,' approved January twen ty-first, nineteen hundred and three, as amended, they tia law. shall be held to apply to and include the District of Columbia. lon not affect "SEC. 75. That nothing herein contained shall be held Naval battalto alter the status or organization of the naval battalion ed. as now provided for by law. "SEC. 76. That any commission issuing under the provisions of this Act shall, where the rank remains unchanged, bear the date of the commission now held; and that any officer who has served continuously in the same grade may be recommissioned with rank from date of his original commission to that grade." Date of commissions. CHAP. 131.-An Act To promote the administration of justice Feb. 16, 1909. in the Navy. [H. R. 6252.] [Public, No. 230.] 35 Stat. L., 1, p. 621. Administra Be it enacted by the Senate and House of Representatives of the United States of America in Congress pt. assembled, That courts for the trial of enlisted men in the Navy and Marine Corps for minor offenses now tion of justice triable by summary court-martial may be ordered by the Courts to try commanding officer of a naval vessel, by the commandant enlisted of a navy-yard or station, by a commanding officer of fenses. marines, or by higher naval authority. "deck in. men for minor of SEC. 2. That such courts shall be known as courts," and shall consist of one commissioned officer only, of. who, while serving in such capacity shall have power to administer oaths, to hear and determine cases, and to impose, in whole or in part, the punishments prescribed by article thirty of the Articles for the Government of the Navy: Provided, That in no case shall such courts adjudge discharge from the service or adjudge confinement or forfeiture of pay for a longer period than twenty days. SEC. 3. That any person in the Navy under command of the officer by whose order a deck court is convened may be detailed to act as recorder thereof. Deck courts. Proviso. Recorder to be detailed. of sentence. SEC. 4. That the officer within whose command a deck Review, etc., court is sitting shall have full power as reviewing authority to remit or mitigate, but not to commute, any sentence imposed by such court; but no sentence of a deck court shall be carried into effect until it shall have been so approved or mitigated, and such officer shall have power to pardon any punishment such court may adjudge. SEC. 5. That the courts hereby authorized shall be Procedure, governed in all details of their constitution, powers, and procedure, except as herein provided, by such rules and regulations as the President may prescribe. etc. Record of SEC. 6. That the records of the proceedings of the courts hereby authorized shall contain such matters only proceedings. as are necessary to enable the reviewing authorities to act intelligently thereon, except that if the party accused record by demands it within thirty days after the decision of the deck court shall become known to him, the entire record or so much as he desires shall be sent to the reviewing Review of authority. Such records, after action thereon by the Judge Advo- convening authority, shall be forwarded directly to, and cate-General. shall be filed in, the Office of the Judge-Advocate-General of the Navy, where they shall be reviewed, and, when necessary, submitted to the Secretary of the Navy for his action. Right of objection, etc. Adjudging punishments. SEC. 7. That no person who objects thereto shall be brought to trial before a deck court. Where such objection is made by the person accused, trial shall be ordered by summary or by general court-martial, as may be appropriate. SEC. 8. That the courts authorized to impose the punishments prescribed by article thirty of the Articles for the Government of the Navy may adjudge either a part or the whole, as may be appropriate, of any one of the punishments therein enumerated: Provided, That the use of irons, single or double, is hereby abolished, except Exceptions, for the purpose of safe custody or when part of a sentence imposed by a general court-martial. Proviso. Use of irons abolished. Court - martial proceed aside. SEC. 9. That the Secretary of the Navy may set aside ings may be set the proceedings or remit or mitigate, in whole or in part, the sentence imposed by any naval court-martial convened by his order or by that of any officer of the Navy or Marine Corps. Authority to convene. Court of in quiry, etc., may etc. SEC. 10. That general courts-martial may be convened by the President, by the Secretary of the Navy, by the commander in chief of a fleet or squadron, and by the commanding officer of any naval station beyond the continental limits of the United States. SEC. 11. That a naval court-martial or court of inquiry issue process, shall have power to issue like process to compel witnesses to appear and testify which United States courts of criminal jurisdiction within the State, Territory, or District where such naval court shall be ordered to sit may lawfully issue. Witnesses. SEC. 12. That any person duly subpoenaed to appear as a witness before a general court-martial or court of inquiry of the Navy, who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence, which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information in the district court of the Punishment United States; and it shall be the duty of the United States District Attorney, on the certification of the facts to him by such naval court to file an information against and prosecute the persons so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: for failure to appear. Provisos. Fees, etc. Provided, That this shall not apply to persons residing beyond the State, Territory, or District in which such naval court is held, and that the fees of such witnesses and his mileage at the rates provided for witnesses in the United States district court for said State, Territory, or District shall be duly paid or tendered said witness, such amounts to be paid by the Bureau of Supplies and Accounts out of the appropriation for compensation of witnesses: Provided further, That no witness shall be compelled to incriminate himself or to answer any question not compulwhich may tend to incriminate or degrade him. SEC. 13. That persons confined in prisons in pursuance of the sentence of a naval court-martial shall, during such confinement, be allowed a reasonable sum, not to exceed three dollars per month, for necessary prison expenses, and shall upon discharge be furnished with suitable civilian clothing and paid a gratuity, not to exceed twenty-five dollars: Provided, That such allowances shall be made in amounts to be fixed by, and in the discretion of, the Secretary of the Navy and only in cases where the prisoners so discharged would otherwise be unprovided with suitable clothing or without funds to meet their immediate needs. Incriminating testimony sory. Allowance to prisoners. Proviso. 'summary R. S., sec. SEC. 14. That section sixteen hundred and twenty-four, Procedure in article thirty-four, Revised Statutes of the United States, courts. is hereby amended as follows: "The proceedings of sum- 1624, amended. mary courts-martial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President, and all such proceedings shall be transmitted in the usual mode to the Navy Department, where they shall be kept on file for a period of two years be destroyed from date of trial, after which time they may be de- after two stroyed in the discretion of the Secretary of the Navy." years. Sec. 15. That it shall be lawful for any civil officer having authority under the laws of the United States or officers. of any State, Territory, or District to arrest offenders, to summarily arrest a deserter from the Navy or Marine Corps of the United States and deliver him into the custody of the naval authorities. Record may Arrest of deserters by civil Depositions accepted as evi Of whom accepted. SEC. 16. That the depositions of witnesses may be taken on reasonable notice to the opposite party, and dence. when duly authenticated, may be put in evidence before naval courts, except in capital cases and cases where the Exceptions. punishment may be imprisonment or confinement for more than one year as follows: First, depositions of civilian witnesses residing outside the State, Territory, or District in which a naval court is ordered to sit; second, depositions of persons in the naval or military service stationed or residing outside the State, Territory, or District in which a naval court is ordered to sit, or who are under orders to go outside of such State, Territory, or |