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907. Inspectors-general and acting inspectors-general while inspecting a command will call upon post, regimental, battalion, and company commanders and post surgeons for a report by name of any officer under their immediate command who is incapacitated for service either mentally, morally, or physically. When any officer is so reported, the inspector will thoroughly investigate the case and submit his conclusions therein to the officer ordering the inspection.

908. On completion of an inspection of a post or other command of troops, the inspector-general or acting inspector-general will furnish its commanding officer a written statement of all irregularities and deficiencies observed, which will be kept on file for the information of commanding officers and inspectors. The commanding officer will, as soon as practicable, submit to the next higher commander a copy of this statement, with a report showing what remedies he has applied or will apply to correct each of the irregularities or defects found, and will recommend the proper action with regard to those that he has not power or authority to remedy. These reports and statements will be promptly forwarded, through military channels, to The Adjutant-General of the Army, by whom they will be transmitted to the Inspector-General. At arsenals, depots, and stations not under the supervision of division or department commanders inspectors will furnish like statements, and commanding officers will forward copies thereof with their reports to The Adjutant-General for file with the inspection reports to which they pertain.

DISBURSEMENTS AND ACCOUNTS.

909. Inspectors-general and acting inspectors-general will inquire as to the necessity, economy, and propriety of all disbursements, their strict conformity to the law appropriating the money, and whether the disbursing officers comply with the law in keeping their accounts and making their deposits. A statement of receipts and expenditures and of the distribution of funds, with lists of outstanding checks, on forms furnished by the Inspector-General of the Army, will be submitted by the disbursing officer to the inspector, who should immediately transmit the lists of outstanding checks to the several depositaries. Upon return from a depositary, balances will be verified and noted on the inspection report, which will then be forwarded to the Inspector-General, with a copy of each list of outstanding checks and the indorsements thereon. The original lists will be retained by the inspector to be used at the next inspection of the officer's accounts, and then sent to the Inspector-General.

910. When an officer ceases to act as a disbursing officer, or for any reason closes his accounts, he will prepare a closing statement of his money accounts, from date of last inspection to and including the closing of his accounts, with a separate list of checks outstanding for each depositary. If he is under the command of a division or department commander, or his accounts are assigned for inspection to the division or department inspector, he will forward the statement and list of checks to division or department headquarters, through military channels, for the usual action, including inspection if practicable. If disbursing under the direction of the Secretary of War without such assignment, he will forward his papers directly to The Adjutant-General of the Army, who will transmit them to the Inspector-General of the Army.

PROPERTY FOR CONDEMNATION.

911. Except as provided in paragraph 720, inspections having in view the condemnation of property will be made by inspectors-general or acting inspectorsgeneral; but in cases of emergency, such as when a station is abandoned or

when troops change station, such inspections may be made by officers specially designated by the commander of a territorial division or department, or the commander of a division, corps, or army in the field, or higher authority.

912. Officers will prepare and sign in triplicate, on blank forms furnished by the Inspector-General of the Army, inventories of public property requiring inspection, and present them, with the property, to the inspector-general or acting inspector-general at the time of his visit. In the case of rapidly deteriorating subsistence stores or of unserviceable public animals, or pressing emergency, such inventories will be prepared whenever necessary, and one copy will be forwarded to the commander having authority to appoint an inspector. Public animals will be inventoried singly, with a brief description of color, sex, age, and distinguishing marks. Public buildings which have become unserviceable and can not be kept in repair at reasonable cost, or which occupy ground required for new buildings or other improvements, will be entered upon a separate inventory and brought before an inspector for his action.

913. For inspection the property will be arranged in the order of enumeration in the inventory, every article will be examined by the inspector, and the officer responsible will accompany him and be prepared to give all necessary information in regard to it.

914. Inspectors will examine all property properly presented for condemnation. When all property presented has been destroyed, one inventory and inspection report will be forwarded by the inspecting officer, through proper channels, to the Inspector-General of the Army and the others will be delivered to the accountable officer. In cases in which the inspector recommends the sale of any property, or its transfer to depots, he will forward all the inventories and inspection reports to department, division, or army corps headquarters, and if the inspector's action is approved by the department, division, or army corps commander, two will be returned to the accountable officer and the other forwarded, through proper military channels, to The Adjutant-General of the Army, to be transmitted to the Inspector-General of the Army, and, in similar cases, when the accountable officer is not serving under the department, division, or army corps commander and all the property has been destroyed, one copy of the inventory and inspection report will be forwarded to the Inspector-General of the Army and two to the accountable officer, or if sale or transfer of the property is recommended, the inspecting officer will forward all the inventories and inspection reports to the Inspector-General of the Army, who will forward them to the Chief of Staff through the chief of the bureau concerned; one copy will be returned to the Inspector-General and two to the accountable officer.

915. Inspectors will exercise great care in examining property submitted to them for condemnation and in making recommendations regarding its disposition. Articles "to be continued in service" are such as are still serviceable. Those "to be dropped" from the returns are such as can not be sold at the post and are not worth cost of transportation to an arsenal or depot for repair. If worthless, they must be so far destroyed as to prevent any possibility of future presentation. Such articles as can not be destroyed will, when practicable, be marked “I. C." (inspected-condemned), or will be broken up and the serviceable parts retained. Condemned animals will be branded "I. C." on the neck under the mane. Should the inspector's recommendation be disapproved in regard to articles marked " I. C.," the marks will be canceled and a certificate of the fact given to the responsible officer. Suitable brands and stencils will be kept for use of inspectors at posts and depots. Articles "to be sold at post" are such as are of no further public use or not worth cost of transportation to a depot. Those "to be turned into depot" are such as can not be repaired at the post and are worth cost of transportation, Small arms found to be unfit for service will

be turned in to the nearest arsenal or depot. Property will not be turned in to depots without authority from the head of the staff department to which the property pertains, except in the Philippines Division, where such authority may be given by the commanding general of the division. The authority herein referred to, of heads of staff departments, will usually be given in general terms in the form of approved memoranda indicating the most advantageous method of disposing of various classes of unserviceable property, which memoranda will serve as guides to department and higher commanders and inspectors. When property ordered "to be turned in to depot" on the recommendation of an inspector is found, upon receipt at the depot, to be in such condition that it can not be made suitable for issue, it may be destroyed or broken up under such instructions as may be given by the head of the department concerned.

916. Public property in use will not be reported as unserviceable nor condemned by an inspector merely because worn or shabby in appearance when really strong and serviceable.

917. Great care will be taken to prevent property once condemned and ordered dropped from the returns from being again presented for inspection. When public property is presented to an inspector for condemnation, the officer responsible will certify on the inventory that the property has not been previously condemned.

918. Inspectors will, when practicable, cause the destruction, in their presence, of all property found to be worthless and which is without money value at or near the place of inspection, except small arms, and will state in their reports that "the articles recommended to be destroyed have no money value at or near the post." The action of an inspector on property of this character will be final, and his report will be a valid voucher for the responsible officer. Inspectors will be held responsible for their action in this particular. When property thus condemned is not destroyed in the presence of the inspector or a disinterested officer representing the inspector, the responsible officer will certify to the fact of subsequent destruction in his presence.

919. An inspection report on damaged clothing will set forth the amount of damage to each article; also a list of such articles as are fit to issue to prisoners, or, at reduced prices, to enlisted men willing to receive them.

920. Department or higher commanders may give orders, on the reports of authorized inspectors, to make such disposition of condemned property as the case may require, except public buildings, for which the order of the Secretary of War is required. If the property be of considerable value, and there be good reason to suppose that it can be more advantageously applied or disposed of elsewhere than within the command, the report will be forwarded for the action of the War Department.

921. The following-mentioned property will not be presented for the action of an inspector without the authority of the Secretary of War:

1. Cannon and their carriages, machine and automatic guns with their carriages and mounts, but not including spare parts, accessories, implements, and equipments required in their maintenance and operation; also ammunition for

cannon.

2. Electrical and mechanical installations and appliances furnished to the Coast Artillery Corps by the Engineer Department or the Signal Department and forming part of the permanent seacoast defenses.

All of the copies of the inspection report on such property will be forwarded by the department commander directly to the chief of the bureau concerned for the final action of the Secretary of War.

922. Orders for the final disposition of condemned property will be indorsed by the proper authority on the inspection reports, each copy being made com

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plete in itself. One will be forwarded, through military channels, to the Inspector-General of the Army, and the others to the accountable officer, who will forward one with his accounts and file the other with his retained papers.

ARTICLE LXIX.

JUDGE-ADVOCATE-GENERAL'S DEPARTMENT.

923. The Judge-Advocate-General is the custodian of the records of all general courts-martial, courts of inquiry, and military commissions, and of all papers relating to the title of lands under the control of the War Department, except the Washington Aqueduct and the public buildings and grounds in the District of Columbia. The officers of this department render opinions upon legal questions when called upon by proper authority.

924. The judge-advocate of each department, or the officer acting as such, will, as soon as practicable after June 30 of each year, render to the JudgeAdvocate-General a report for the year terminating on that date, giving the number and character of cases tried by courts-martial in the department during the period. This report will separately classify the trials of officers and enlisted men, and show, whether by general, garrison, or summary courts, the number of acquittals in each class and the number of different men tried by inferior courts, and contain his recommendations and remarks touching the administration of military justice.

925. The original proceedings of all general courts-martial, courts of inquiry, and military commissions, with the decisions and orders of the reviewing authorities made thereon, and the proceedings of all general courts-martial, courts of inquiry, and military commissions which require the confirmation of the President, but which have not been appointed by him, will be forwarded direct to the Judge-Advocate-General. One copy of the order promulgating the action of the court and a copy of every subsequent order affecting the case will be forwarded to the Judge-Advocate-General with the record of each case. When more than one case is embraced in a single order, a sufficient number of copies will be forwarded to enable one to be filed with each record. The proceedings of all courts and military commissions appointed by the President will be sent direct to the Secretary of War.

926. Judge-advocates and acting judge-advocates will forward to the JudgeAdvocate-General, on June 30 each year, with the reports prescribed in paragraph 924, lists of the law books for which they are responsible.

927. Applications of officers, enlisted men, and military prisoners for copies of proceedings of general courts-martial, to be furnished them under the one hundred and fourteenth article of war, will, when received by post or other commanders, be forwarded direct to the Judge-Advocate-General.

928. Communications relating to proceedings of military courts on file in the Judge-Advocate-General's Department will be addressed and forwarded direct by department commanders to the Judge-Advocate-General. In routine matters, the Judge-Advocate-General and judge-advocates may correspond with each other direct.

929. The reports which the Judge-Advocate-General of the Army may render upon cases received by him, and which require the action of the President, will be transmitted to The Adjutant-General of the Army for record and for submission to the Chief of Staff for the consideration of the Secretary of War and the President. After final action is had by superior authority in such cases, all the papers will be returned to The Adjutant-General of the Army, who, before publishing the action taken, will refer the papers to the JudgeAdvocate-General of the Army for further scrutiny.

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ARREST AND CONFINEMENT.

ARTICLE LXX.

ARREST AND CONFINEMENT.

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930. Only commanding officers have power to place officers in arrest, except as provided in the twenty-fourth article of war. An arrest may be ordered by the commanding officer, in person or through a staff officer, orally or in writing. 931. An officer arrested will repair at once to his tent or quarters, and there remain until more extended limits have been granted by the commanding officer. Close confinement will not be enforced except in cases of a serious nature. 932. Officers will not be placed in arrest for light offenses. For these the censure of the commanding officer will generally answer the purpose of discipline. Whenever a commanding officer places an officer in arrest and releases him without preferring charges he will make a written report of his action to the department commander, stating the cause. The department commander, if he thinks the occasion requires, will call on the officer arrested for any explanation he may desire to make, and take such other action as he may think necessary, forwarding the papers to The Adjutant-General of the Army for file with the officer's record, or for further action.

933. A medical officer charged with the commission of an offense need not be placed in arrest until the court-martial for his trial convenes if the service would be inconvenienced thereby, unless the charge is of a flagrant character. 934. An officer in arrest will not wear a sword nor visit officially his commanding or other superior officer, unless directed to do so. His applications and requests of every nature will be made in writing.

935. On the march, field officers and noncommissioned staff officers in arrest will follow in the rear of their respective regiments, and company officers and noncommissioned officers in arrest in rear of their respective companies, unless otherwise specially directed.

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936. Enlisted men against whom charges have been preferred will be designated as "awaiting trial;" enlisted men who have been tried will, prior to the promulgation of the result, be designated as “awaiting result of trial; enlisted men serving sentences of confinement, not involving dishonorable discharge, will be designated as 'garrison prisoners;" those sentenced to dishonorable discharge and to terms of confinement at military posts or elsewhere will be designated as "military convicts."

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937. Noncommissioned officers will not be confined at the guardhouse in company with privates, except in aggravated cases or where escape is feared, but will be placed in arrest in their barracks or quarters.

938. Except as provided in the twenty-fourth article of war, or when restraint is necessary, no soldier will be confined without the order of an officer, who shall previously inquire into his offense.

939. The arrest or confinement of an enlisted man will, as soon as practicable, be reported to his company or detachment commander by the officer authorizing the arrest or confinement.

940. Prisoners awaiting trial by, or undergoing sentence of, general courtmartial and those confined for serious offenses will, if practicable, be kept apart from those confined by sentence of an inferior court, or for minor offenses. Enlisted men awaiting trial or awaiting result of trial will not be sent to work with garrison prisoners or military convicts if it can be avoided, and may, in the discretion of the commanding officer, be required to attend drills, or sent to work under charge of a sentinel, during the usual working hours. Military convicts will not be confined with other prisoners except in cases of necessity.

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