976. When the court has sentenced a prisoner to confinement at a post, no power is competent to increase the punishment by designating a penitentiary as the place of confinement.

977. When a sentence of confinement or forfeiture is in excess of the legal limit, the part within the limit is legal and may be executed.

978. When the date for the commencement of a term of confinement imposed by sentence of a court-martial is not expressly fixed by the sentence, the term of confinement begins on the date of the order promulgating it: The sentence is continuous until the term expires, except when the person sentenced is absent without authority.

979. The order promulgating the proceedings of a court and the action of the reviewing authority will, when practicable, be of the same date. When this is not practicable, the order will give the date of the action of the reviewing authority as the date of the beginning of the sentence. This does not apply to sentences of forfeiture of all pay and allowances. A soldier awaiting result

of trial will not be paid before the result is known.

980. The authority which has designated the place of confinement, or higher authority, may change the place of confinement of any prisoner under the jurisdiction of such authority.

981. A sentence to confinement, with or without forfeiture of pay, can not become operative prior to the date of confirmation. If it be proper to take into consideration the length of confinement to which the prisoner has been subjected previous to such confirmation, it may be done by mitigation of sentence.

982. When soldiers awaiting result of trial or undergoing sentence commit offenses for which they are tried, the second sentence will be executed upon the expiration of the first.

983. A sentence adjudging a dishonorable discharge, to take effect at such period during a term of confinement as may be designated by the reviewing authority, is illegal.

984. The time at which a dishonorable discharge is to take effect, as fixed by a sentence, can not be postponed by the reviewing officer.

985. When a sentence imposes forfeiture of pay, or of a stated portion thereof, for a certain number of months, it stops for each of those months the amount stated. Thus: "Ten dollars of monthly pay for one year" would be a stoppage of $120. When the sentence is silent as to the date of commencement of forfeiture of pay, the forfeiture will begin with the period for which pay has accrued since last payment. A forfeiture not limited by the sentence to any particular month or months or other space of time, but expressed simply as a forfeiture of so many months' pay, or of a certain amount of pay, is legally chargeable against the pay due and payable at the next payment, and the balance, if any, against pay accruing thereafter, until the forfeiture is fully satisfied, but the rate of forfeiture will be the rate of pay the soldier is entitled to receive at the date of the promulgation of the sentence.

986. An order remitting a forfeiture of pay operates only on the pay to become due on and after the date of the order.

987. Notwithstanding a sentence contemplates payment of a stated sum to a soldier upon his release from confinement, it can not be made unless there is a sufficient balance to his credit after all authorized stoppages are deducted.

THE RECORD.

988. Every court-martial shall keep a complete and accurate record of its proceedings, which will be authenticated, in each case, by the signatures of the president and judge-advocate. Whenever, by reason of the death or disability

of the judge-advocate occurring after the court has decided on the sentence, the record can not be authenticated by his signature, it must show that it has been formally approved by the court and must be authenticated by the signature of the president. The judge-advocate should affix his signature to each day's proceedings. Testimony taken before regimental or garrison courts-martial will not be reduced to writing.

989. When records of trial by general courts-martial are written on the typewriter the copyable ribbon will be used when practicable, as this will save labor in making the copies required to be furnished under the one hundred and fourteenth article of war.

990. The judge-advocate will transmit the proceedings without delay to the officer having authority to confirm the sentence, who will state at the end of the proceedings in each case his decision and orders.

991. The complete proceedings of a garrison or regimental court, except when convened at recruit depots and recruiting stations and other places exempted from the jurisdiction of commanders of territorial divisions and departments by paragraph 187, will be transmitted without delay by the post or regimental commander to department headquarters. Where such courts were convened at recruit depots, recruiting stations, and other exempted places, the reports and records of such courts will be forwarded directly to The AdjutantGeneral of the Army.

992. When the record of a court exhibits error in preparation, or seemingly erroneous conclusions, the reviewing authority may reconvene the court for a reconsideration of its action, pointing out defects. Should the court concur in the views submitted, it will proceed by amendment to correct its error, and may modify or completely change its findings. A reopening of the case, by calling or recalling witnesses, is illegal.

993. Trials by general courts-martial, including so much of the proceedings as will give the charges and specifications, the pleadings, findings, and sentence, and the action and remarks of the reviewing authority, will be announced in general orders issued from the War Department or from the proper division or department headquarters. If the charges contain matter which for any reason is unfit for publication, such matter will be omitted from the order, but a copy thereof will be promptly furnished by the reviewing authority to the commanding officer of the post at which the officer or soldier is confined, to be included with the papers required by paragraph 946 to be sent to the commanding officer of the post or military prison where the sentence of confinement is to be executed.

994. Commanders of divisions or separate brigades convening general courtsmartial pursuant to the seventy-third article of war, or acting as reviewing authority on proceedings thereof, will forward the same to the Judge-AdvocateGeneral of the Army through their respective corps commanders. If errors are found in the proceedings demanding it, the corps commander may return them to the reviewing authority for any necessary action before forwarding them to the Judge-Advocate-General of the Army.

REPORTERS, CLERKS, INTERPRETERS.

995. The employment of a stenographic reporter, under section 1203, Revised Statutes, is authorized for general courts only, and in cases where the convening authority considers it necessary. The commanding officer will, when necessary, detail an enlisted man to assist the judge-advocate of a general court in preparing the record.

996. When a reporter is employed under section 1203, Revised Statutes, he shall be paid, upon the certificate of the judge-advocate, not to exceed $1 an hour for the time occupied in court by himself or a competent assistant, and 10 cents per 100 words for transcribing the notes, and 5 cents per 100 words for copying exhibits; for carbon copies, if ordered, he shall be paid at the rate of 2 cents per 100 words. In case the court is held more than 10 miles from the place of employment of himself or assistants, they shall each be allowed mileage over the shortest usually traveled route at the rate of 8 cents per mile going to the place of holding the court and $3 a day as expenses while necessarily kept by the judge-advocate away from the place of employment. Carbon copies will only be ordered with the approval of the convening authority, or, in the cases of courts of inquiry and retiring boards, of the Secretary of War. Reporters are employed by the judge-advocate and are paid by the Pay Department, at the rates hereinbefore named, upon the certificate of the judge-advocate that the services charged for have been rendered.

997. No person in the military or civil service of the Government can lawfully receive extra compensation for clerical duties performed for a military court.

998. Interpreters to courts-martial are paid by the Pay Department upon the certificate of the judge-advocate that they were employed by order of the court. They will be allowed the pay and allowances of civilian witnesses.

ARTICLE LXXII.

CIVILIAN WITNESSES.

999. Civilians in the employ of the Government when traveling upon summons as witnesses before military courts are entitled to transportation in kind from their place of residence to the place where the court is in session and return. If no transportation be furnished, they are entitled to reimbursement of the cost of travel actually performed by the shortest usually traveled route, including transfers to and from railway stations, at rates not exceeding 50 cents for each transfer, and the cost of a double berth in a sleeping car or steamer when an extra charge is made therefor. They are also entitled to reimbursement of the actual cost of meals and rooms at a rate not exceeding $3 per day for each day actually and unavoidably consumed in travel or in attendance upon the court under the order or summons. No allowance will be made to them when attendance upon court does not require them to leave their stations.

1000. A civilian not in Government employ duly summoned to appear as a witness before a military court will receive $1.50 a day for each day actually spent by him in attendance upon the court, but in Alaska, east of the 141st degree of west longitude, he will receive $2 a day, and west of that degree $4 a day. He will receive 5 cents a mile for going from his place of residence to the place of trial or hearing, and 5 cents a mile for returning, but in Alaska, east of the 141st degree of west longitude, he will receive 10 cents a mile, and west of that degree 15 cents a mile. In Wyoming, Montana, Washington, Oregon, California, Utah, New Mexico, Arizona, Porto Rico, and Cuba, he will receive 15 cents for each mile necessarily traveled over any stage line or by private conveyance, and in Porto Rico and Cuba 10 cents for each mile over any railway in such travel.

1001. In case a civilian witness duly subpoenaed before a general courtmartial refuses to appear or qualify as a witness, or to testify or produce documentary evidence, as required by law, he will at once be tendered or paid

by the nearest paymaster one day's fee and mileage for the journeys to and from the court, and will thereupon be again called upon to comply with the requirements of law. The fees and mileage of civilian witnesses residing beyond the limits of the State, District, or Territory in which the court-martial is held will not be paid in advance, as such witnesses can not be punished if they refuse to obey the summons. Civilian witnesses will be paid by the Pay

Department.

1002. The charges for return journeys of witnesses will be made upon the basis of the actual charges allowed for travel to the court, and the entire account thus completed will be paid upon discharge from attendance without waiting for completion of return travel.

1003. The items of expenditure authorized in paragraphs 999 and 1000 will be set forth in detail and made a part of each voucher for reimbursement. No other items will be allowed.

The certificate of the judge-advocate will be evidence of the fact and period of attendance, and will be made upon the voucher.

When payment is made under the provisions of paragraph 999, the correctness of the items will be attested by the affidavit of the witness, to be made, when practicable, before the judge-advocate.

1004. Compensation to civilians in or out of Government employ for attendance upon civil courts is payable by the civil authorities.

ARTICLE. LXXIII.

EMPLOYMENT OF CIVIL COUNSEL--HABEAS CORPUS.

1005. The employment of counsel at the expense of the United States is under the direction of the Department of Justice.

1006. When a necessity arises for an attorney or counselor to defend or advise officers and others connected with the military service in cases connected with their public duties, request, with report of the facts, will be made to The Adjutant-General of the Army through the regular military channels, but in cases which will not admit of delay the request may be sent direct. The Adjutant-General will promptly submit all such requests to the Secretary of War for reference to the Department of Justice. Officers and others in the military service employing an attorney or counselor without being specially authorized to do so will be required to pay the expenses attendant upon such employment.

1007. Officers will make respectful returns, in writing, to all writs of habeas corpus served on them. When the writ is issued by a State court or judge, and the person held by the army officer is a civilian who has been apprehended under a warrant of attachment to be taken before a court-martial to testify as a witness, the officer will not produce the body, but will, by his return, set forth fully the authority by which he holds the person and allege that the State authority is without jurisdiction to issue the writ of habeas corpus, and ask to have the same dismissed. He will also exhibit to the court or officer issuing the writ of habeas corpus the warrant of attachment and the subpoena (and the proof of the service of the subpoena) on which the warrant of attachment was based, and also a certified copy of the order convening the court-martial before which he had been commanded to take the person.

1008. Should a writ of habeas corpus issued by a State court or judge be served upon an army officer, commanding him to produce an enlisted man or military convict, and show cause for his detention, the officer will decline to

produce in court the body of the person named in the writ, but will make respectful return in writing to the effect that the man is a duly enlisted soldier of the United States or a military convict under sentence of court-martial, as the case may be, and that the Supreme Court of the United States has decided that a magistrate or court of a State has no jurisdiction in such a case. 1009. A writ of habeas corpus issued by a United States court or judge will be promptly obeyed. The person alleged to be illegally restrained of his liberty will be taken before the court from which the writ has issued, and a return made setting forth the reasons for his restraint. The officer upon whom such a writ is served will at once report the fact of such service, by telegraph, direct to The Adjutant-General of the Army and the commanding general of the department.

ARTICLE LXXIV.

QUARTERMASTER'S DEPARTMENT.

NOTE. Regulations for the government of the Quartermaster's Department, prepared and published under the authority of the Secretary of War, are distributed to its officers by the Quartermaster-General. Only such regulations are herein given as are general in their nature or affect other branches of the service.

GENERAL DUTIES.

1010. The Quartermaster's Department is charged with the duty of providing means of transportation of every character, either under contract or in kind, which may be needed in the movement of troops and material of war. It furnishes all public animals employed in the service of the Army, the forage consumed by them, wagons and all articles necessary for their use, and the horse equipments for the Quartermaster's Department. It furnishes clothing, camp and garrison equipage, barracks, storehouses, and other buildings; constructs and repairs roads, railways, bridges; builds and charters ships, boats, docks, and wharves needed for military purposes, and attends to all matters connected with military operations which are not expressly assigned to some other bureau of the War' Department.

1011. The Quartermaster's Department transports to the place of issue and provides storehouses for the preservation of stores supplied for the Army by other departments.

1012. General depots for the collection, manufacture, and preservation of quartermaster stores, until required for distribution, are under the immediate control of the Quartermaster-General.

1013. The Quartermaster-General will announce from time to time the depots from which requisitions from departments for quartermaster suppliesissuable under Army Regulations-will be filled.

The commanding officer of the depots so designated will fill, as soon as possible after their receipt, all requisitions approved by competent authority.

1014. Department commanders will take final action on all requisitions for supplies furnished by the Quartermaster's Department, issuable under Army Regulations or general orders, and send them for supply to the depots designated by the Quartermaster-General.

1015. Requisitions for quartermaster supplies not covered by Army Regulations or general orders will be forwarded to the Quartermaster-General for his action.

1016. Department commanders will take final action upon all extra issues of fuel and kerosene oil.