public property, arms, ordnance stores and camp equipage, and of all disbursements of the money appropriated during the preceding year to said company, which account and statement shall be verified by the oath or affirmation of such commanding officer and shall be accompanied by the proper vouchers for such disbursements.

SEC. 32. The Adjutant General shall purchase at the expense of Montana, and supply to all officers of the National Guard, copies of tactics prescribed for the use of the United States Army, manual of rifle practice, and such manuals of service, and such other forms and books and papers as the Commander-in-Chief may designate, together with copies of this act, and all subsequent acts which shall be, with the laws now in force, not repealed hereby, collected from time to time and codified by the Adjutant General and known as the "military code of Montana.”

SEC. 33. The commanding officer of any troops under arms may cause them to perform any military duty he shall require, and also put under arrest any officer, and under guard any non-commissioned officer, musician or private who shall disobey the orders of his superior officer; also all other persons who shall trespass on any parade or camp ground, or in any way or manner interrupt or molest the orderly discharge of duty of those under arms; and also may prohibit and prevent the sale of spirituous liquors within one mile of such parade or encampment, and also in his discretion all hucksters or auction sales, or gambling may be abated as a nui

sance.

SEC. 34. There may be enlisted and attached to each regiment or battalion, a military band of not less than fifteen nor more than twenty musicians, who shall be entitled to the pay, clothing and allowance prescribed by law for other members of the National Guard, and in addition thereto said band shall be entitled to receive annual appropriation for armory rent, equal to one-half the amount given to a company of infantry, to be paid by warrant drawn in favor of the regimental quartermaster. The leader of said band shall be entitled to the rank, pay and allowance of a sergeant major. The said band shall be subject to the orders of the commander of said regiment, who may discharge and recruit said band at his discretion. The duties of said band shall be to furnish music for the troops at the regular parades required by law, and upon such military occasions as the regimental commander shall direct.

SEC. 35. The publication, according to military usage, of the written or printed orders from or through regimental or battalion headquarters, by the company commander, announcing the duty to be performed, shall be sufficient warning to the officer or soldier directed to perform such duties. Military duty shall require the attendance of commissioned officers, non-commissioned officers, musicians and privates on all occasions of drills, parades and encampments, and active service ordered by the commanding officer of the

company, regiment, battalion, or the Commander-in-Chief, or provided for by the company by-laws, unless excused therefrom by the officer having authority to grant such excuses; and while on such duty, or going to, or returning from the same, obedience shall be rendered to all rules, regulations, usages, customs and requirements of the army of the United States, and of this code.

SEC. 36. Every company of the National Guard may form bylaws, rules and regulations, not inconsistent with law, for the government and improvement of its members in military science and discipline; and when approved by two-thirds of all the members belonging to any such company and the Adjutant General, such by-laws, rules and regulations shall be binding; but the same may, upon like approval, be altered from time to time as may become necessary.

SEC. 37. When an invasion of, or insurrection of Montana is made or threatened, or a tumult, riot, or mob shall exist, the Commander-in-Chief shall call upon the National Guard, and at his discretion, upon the enrolled militia, to repel or repress the same, and may order out divisions, brigades, regiments, battalions or companies, or may order to be detached parts of companies thereof, or any number of men to be detailed therefrom, and may appoint officers to command the same, or may cause officers to be detailed sufficient with those attached to the troops to organize the forces. Every officer and soldier shall hold his uniform, arms, ammunition and accoutrements required by law, free from all suits, distresses, executions or sales for debt, or payment of taxes, and he shall be exempt from all poll taxes.

SEC. 38. The Adjutant General may, under the direction of the Commander-in Chief, make such disposition of the military property as will most effectually serve the military interests or necessities. He shall cause to be distributed to the officers, regiments, battalions and companies of the National Guard, the arms, ordnance stores, quartermaster's stores, camp equipage and books required to be issued thereto. Company commanders and all other officers shall make a return quarterly to the Adjutant General upon such proper forms and blanks as he may require of all government and territorial property and stores in their possession, or for which they are responsible.

SEC. 39. The Governor is authorized to procure and issue to the National Guard such flags, standards and guidons as may be required, similar to those used by the Army of the United States, and also such as may be prescribed by the legislature of Montana. No other colors shall be displayed by the National Guard on duty, or parade as such, and any violation of this requirement shall cause the offender to be dismissed from the service, or the organization to be disbanded and mustered out,

SEC. 40. Courts of inquiry may be instituted under similar conditions and for similar purposes as such courts are in the Army of the United States, and they, and all other courts authorized by this act, shall be constituted and convened as nearly as practicable, as similar courts are constituted and convened by the laws, regulations and articles of war for the government of the Army of the United States, and the procedure thereof shall be the same as prescribed by such laws, regulations and articles except as in this act otherwise specially provided.

SEC. 41. A court of inquiry shall without delay report a statement of facts and an opinion thereon to the Governor, who may in his discretion, thereupon appoint a court-martial for the trial of the officers whose conduct shall have been inquired into.

SEC. 42. Every court-martial for the trial of officers or enlisted men shall be ordered and appointed by the Commander-in-Chief.

SEC. 43. The officer ordering such court may at any time supply a vacancy that from any cause may happen therein; but the mernber filling such vacany shall not sit or participate in the trial of a case commenced before he was qualified.

SEC. 44. In time of peace the jurisdiction of court-martial shall extend to and include the trial of all offenses against military law, order or discipline, to all infractions of duly approved company bylaws, to non-attendance at drills, abuse or neglect of arms and clothing and insubordination, disrespectful conduct towards a superior officer and all minor offenses against military discipline. Their sentences, except as otherwise provided in this act, may inflict one or more of the following punishments, namely. Reprimand: forfeiture in whole or part of pay and allowances; a fine not exceeding one hundred dollars, or, in default of payment of the same for twenty days suspension of officers from rank; dishonorable discharge from service; and in the case of non-commissioned officers, their reduction to the ranks.

SEC. 45. No officer or enlisted man under arrest, shall be brought to trial unless the officer convening the court-martial shall have ordered the same within thirty days after such arrest; nor until ten days after a copy of the order convening the court and of the charges and specifications shall have been delivered to the accused, or left at his usual or last known place of abode.

SEC. 46. The proceedings of every court-martial shall, without delay, be delivered to the Adjutant General for the action of the Commander-in-Chief, who shall approve or disapprove thereof, within fifteen days thereafter, and shall publish his approval or disapproval in general orders.

SEC. 47. The president of such court-martial shall issue his warrant, for the collection of all fines imposed by a court-martial upon the approval of the sentence by the Commander-in-Chief, to the sheriff or any constable of the county in which the court was held,

or in which the delinquent resides, whose duty it shall be to collect all fines provided for by this act, in the same manner as he is authorized to collect debts in civil process, and make his return to the president of the said court, or within thirty days certify to the said president that there is no property of the defendant out of which said moneys can be made.

SEC. 48. Warrants may issue to the sheriff or any constable of any county in which any property not exempt from execution of the offender may be, out of which any such fines may be collected; and such warrants may be issued and executed in the same manner as executions issued out of the district court are.

SEC. 49. The keepers and wardens of all county jails are required to receive and confine all military offenders, when delivered by such sheriff or constable under the proper certificate of commitment of the president of a court-martial, for and during the term of sentence, as set forth in said commitment.

SEC. 50. After a return of a summons citing the accused to appear, and he fails to appear at the time and place designated for trial, the president of the court shall issue his warrant for the arrest of the delinquent directed to the sheriff or to a constable of the county, who shall forthwith execute said warrant, and make proper return thereof to said court, and produce to the said court the body of the accused, if within said county, and retain the custody thereof until the conclusion of the trial, unless sooner discharged by order of the court.

SEC. 51. The president of every court-martial, and every court of inquiry, both before and after he has been sworn, shall issue subpoenas for all witnesses, whose attendance at such court may, in his opinion, be necessary in behalf of the prosecution, and also on application, for all witnesses in behalf of the accused, or person returned as delinquent.

SEC. 52. The president of every court-martial, or court of inquiry, shall have power to administer the usual oath to witnesses, and shall have the same power to compel attending witnesses to be sworn and testify, and to preserve order, as courts of common law jurisdiction; and all sheriffs, jailers and constables are hereby required to execute any precept or process issued by such president of the court for that purpose.

SEC. 53. Every witness not appearing in obedience to such subpœna, when duly served, and not having a sufficient or reasonable excuse, shall forfeit to Montana a sum not less than ten nor more than fifty dollars for each default; and the president of such court shall, from time to time, report to the county attorney the names of such delinquent witnesses, together with the names and places of residence of the persons serving such subpoena, the better o enable him to prosecute for such forfeiture.

SEC. 54. Whenever it shall appear to the satisfaction of any court-martial, or court of inquiry, by proof made before such court, that any person duly subpoenaed to appear as a witness before said court, shall have refused or neglected, without just cause, to attend as such witness, as in conformity to such subpoena, and the party in whose behalf such witness shall have been subpoenaed, shall make oath that the testimony of such witness is material, such court, or the president thereof, shall have power to issue an attachment to compel the attendance of such witness.

SEC. 55. Every such attachment shall be executed in the same manner as a warrant, and by the sheriff or the constable of the county; and the fees for serving the same shall be paid by the person against whom the same shall have been issued, unless he shall show reasonable cause, to the satisfaction of such court, for his omission to attend, in which case the party requiring such attachment shall pay the costs; such costs shall be ascertained by the court, which may thereupon issue an execution for the collection against the person

liable to pay the same, and which may be collected as other execu

tions are collected by said sheriff or constable.

SEC. 56. All fines imposed and collected through the sentences of courts-martial shall be paid into the treasury of Montana; and the neglect or refusal of any marshal, sheriff or constable to execute any process, or to make proper return of all fines collected, shall be deemed a misdemeanor, and shall subject the offender to a prosecution by the proper county attorney, and to a penalty upon conviction of each offense of one hundred dollars to the use of Montana. SEC. 57. Any officer or soldier failing to appear upon any occasion of duty, to which he shall be ordered by his proper commanding officer, failing to render good and sufficient cause therefor, shall be subject to a trial by court-martial and upon conviction he shall be sentenced to pay such fine, or undergo such other lawful punishment as such court-martial may direct.

SEC. 58. Officers under arrest shall be suspended from exercising the duties of office, and resignations tendered under charges when forwarded by any commander, shall always be accompanied by a copy of the charges, or, in the absence of written charges, by a report of the case, for the information of the Commander-in-Chief.

SEC. 59. The number and rank of officers constituting courtsmartial or courts of inquiry, and the forms, practice and precedure in all courts-martial and courts of inquiry shall, except as herein otherwise prescribed, be adopted and conducted as in similar tribunals in the United States Army.

SEC. 60. Judge advocates and members of courts martial and courts of inquiry and their orderlies shall be allowed per diem pay, for time actually employed in the duties assigned them at the same rate as provided by law while in actual service or annual encampment. Transportation and subsistence shall be furnished them, as well as