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986. 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.

987. 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 judgeadvocate 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 judgeadvocate should affix his signature to each day's proceedings. Testimony taken before regimental or garrison courts-martial will not be reduced to writing.

988. 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.

989. 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.

990. The complete proceedings of a garrison or regimental court will be transmitted without delay by the post or regimental commander to department headquarters.

991. 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.

992. Proceedings of courts-martial in cases of officers and in important cases of enlisted men will be published in general orders issued from the War Department, division or department headquarters; and, in cases of enlisted men that are not of general interest or importance, in special orders in form as follows:

-, having been tried by a general courtand found guilty of in violation of the Article of War, was The sentence is approved and will be duly executed. The prisoner

Private -, Company,th Regiment of martial convened at sentenced "To be will be

993. Commanders of divisions or separate brigades convening general courtsmartial pursuant to the seventy-third Article of War, or acting as reviewing author, ity on proceedings thereof, will forward the same to the Judge-Advocate-General 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-AdvocateGeneral of the Army.

REPORTERS, CLERKS, INTERPRETERS.

994. 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.

995. When a reporter is employed under section 1203, Revised Statutes, he shall

CLERKS, INTERPRETERS

-CIVILIAN WITNESSES.

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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 necessarily employed for him by the judge-advocate, and 15 cents per 100 words for the first and 5 cents per 100 words for each additional copy of the transcript of notes and of exhibits copied; and in case the court is held more than 10 miles from the place of employment of himself and 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 for expenses while necessarily kept by the judge-advocate away from the place of employment. Reporters are employed by the judge-advocate and are paid by the Pay Department, at the rates herein named, upon the certificate of the judge-advocate that the services charged for have been rendered.

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

997. 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.

998. 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.

999. A civilian not in Government employ duly summoned to appear as a witness before a military court will receive $1.50 per day for each day actually in attendance upon the court, and 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 Wyoming, Montana, Washington, Oregon, California, Utah, New Mexico, Arizona, and Porto Rico he will be paid 15 cents for each mile necessarily traveled over any stage line or by private conveyance, and in Porto Rico 10 cents for each mile over any railway, in such travel.

1000. In case a civilian witness duly subpoenaed before a general court-martial 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.

1001. 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

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WITNESSES-CIVIL COUNSEL-HABEAS CORPUS.

completed will be paid upon discharge from attendance without waiting for completion of return travel.

1002. The items of expenditure authorized in paragraphs 998 and 999 will be set forth in detail and made a part of each voucher for reimbursement. No other items will be allowed. The correctness of the items will be attested by the affidavit of the witness, to be made, when practicable, before the judge-advocate. The certificate of the judge-advocate will be evidence of the fact and period of attendance, and will be made upon the voucher.

1003. 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.

1004. The employment of counsel at the expense of the United States is under the direction of the Department of Justice.

1005. 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 Military Secretary of the Army through the regular military channels, but in cases which will not admit of delay the request may be sent direct. The Military Secretary 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.

1006. 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. 1007. 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 general prisoner, 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 general prisoner 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.

1008. 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 Military Secretary of the Army and the commanding general of the department.

THE QUARTERMASTER'S DEPARTMENT.

ARTICLE LXXIV.

QUARTERMASTER'S DEPARTMENT.

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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 QuartermasterGeneral. Only such regulations are herein given as are general in their nature or affect other branches of the service.

GENERAL DUTIES.

G009. 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.

1010. 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.

1011. General depots for the collection, manufacture, and preservation of quartermaster stores, until required for distribution, are under the immediate control of the Quartermaster-General.

1012. The Quartermaster-General will announce from time to time the depots from which requisitions from departments for quartermaster supplies-issuable 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.

1013. 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.

1014. Requisitions for quartermaster supplies, not covered by Army Regulations or general orders, will be forwarded to the Quartermaster-General for his action. 1015. Department commanders will take final action upon all extra issues of fuel and kerosene oil.

1016. Emergency purchases of quartermaster stores payable from appropriations for incidental expenses, army transportation, and regular supplies, not exceeding $200 in any one case, may be made under the authority of the department commander, but purchases under this authority should be avoided as much as possible by timely requisitions.

1017. Officers serving in the Quartermaster's Department will make monthly estimates for funds, unless otherwise authorized, and only for such amounts as are required for payments of accounts within the periods estimated for. Estimates will show in detail the amounts required to cover all authorized expenditures and the purposes for which needed. Quartermasters will submit their estimates to their immediate commanding officers, who, after action thereon, will forward them to the adjutant-general of the department; he will refer them to the chief quartermaster, who, after consideration and revision, will consolidate and submit them to the department commander for approval; thereafter the chief quartermaster will forward them to the Quartermaster-General. Quartermasters at general depots and independent posts will forward estimates of funds to the Quartermaster-General direct.

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BARRACKS AND QUARTERS.

BARRACKS AND QUARTERS.

1018. When buildings are about to be occupied, allotted, or vacated, an inspection of them will be made by the quartermaster, who will make and file a statement of their condition, reporting to the commanding officer any damage apparently due to carelessness or neglect. Damages will be promptly repaired if possible.

1019. Neglect by any officer or soldier to take proper care of rooms or furniture used by him is a military offense. In case of damage, such officer or soldier may be allowed to pay cost of necessary repairs if the commanding officer deem such payment sufficient. Commanding officers will report, through prescribed channels, to the War Department their proceedings in all cases under this regulation.

1020. An annual inspection of all public buildings at every post will be made prior to March 1 by the commanding officer and quartermaster, after which the quartermaster will prepare a report upon the form prescribed for that purpose, giving a description of each building and its condition and capacity, the character and extent of any additions, alterations and repairs made upon it during the preceding year, and cost of same; the repairs needed, with estimates therefor.

If new buildings are required, the necessity will be fully stated, and, if authorized by the War Department, plans and specifications will be prepared in the Quartermaster-General's Office.

The commanding officer will carefully examine the report and estimates and forward them, with the expression of his views, to the department commander on March 1.

In the spring, as soon as possible after the fires are out for the season, the quartermaster will inspect, with a view of preparing the annual estimates for repairs thereto, the steam, hot air and hot water heating systems. The estimates will be submitted immediately thereafter.

Estimates for heating, plumbing, and water supply will be made separately.

1021. As soon as practicable after the passage of the annual appropriation act for the support of the Army each department commander will be informed of the amount allotted to his department from the appropriation for repairs to barracks and quarters for the fiscal year to which the allotment pertains.

1022. The department commander will take final action upon all annual estimates for repairs to public buildings, payable from the appropriation for barracks and quarters, made under the provisions of paragraph 1020, and also upon all special estimates for repairs to public buildings in his department, payable from the same appropriation, where the amount involved in any one estimate does not exceed $200, provided the amount allotted to his department for the fiscal year is not exceeded thereby.

1023. The department commander in making allotments for repairs to the various posts in his department will specify the amount approved for each building. He will limit his action to repairs and will not take final action upon alterations or additions to buildings.

1024. After the allotments to posts have been made by the department commander, one copy of the annual inspection report, with final action noted, will, as soon as practicable, be forwarded to the Quartermaster-General.

1025. Expenditures for necessary repairs, not to exceed $200 in any one case, for the purchase of material and for the temporary employment of labor may, with the approval of the department commander, be made by the chief quartermaster of a department. Employment of labor under this authority will be only for the job, and no skilled laborer or person in trades positions will be employed for a period exceeding three months.

These expenditures will be made from funds appropriated by Congress for the