188 



CONGRESS. (WAR MEASURES.) 



eightieth and one hundred and tenth articles of 

 war, shall be brought to trial within twenty-four 

 hours of the time of the arrest, or as soon there- 

 after as practicable, except when the accused is to 

 be tried by general court-martial ; but such sum- 

 mary court mav be appointed and the officer desig- 

 nated by superior authority when by him deemed 

 desirable; and the officer holding the summary 

 court shall have power to at! minister oaths and to 

 hear and determine such cases, and when satisfied 

 of the guilt of the accused adjudge the punishment 

 to be inflicted, which said punishment shall not ex- 

 ceed confinement at hard labor for one month and 

 forfeiture of one month's pay, and, in the case of a 

 noncommissioned officer, reduction to the ranks in 

 addition thereto; that there shall be a summary 

 court record kept at each military post and in the 

 field at the headquarters of the proper command, 

 in which shall be entered a record of all cases heard 

 and determined and the action had thereon ; and no 

 sentence adjudged by said summary court shall be 

 executed until it shall have been approved by the 

 officer appointing the court, or by the officer com- 

 manding for the time being: Provided, That when 

 but one commissioned officer is present with a com- 

 mand he shall hear and finally determine such cases: 

 And provided further, That no one while holding 

 the privileges of a certificate of elegibility to pro- 

 motion shall be brought before a summary court, 

 and that noncommissioned officers shall not, if they 

 object thereto, be brought to trial before summary 

 courts without the authority of the officer compe- 

 tent to order their trial by general court-martial, 

 but shall in such cases be brought to trial before 

 garrison, regimental, or general courts-martial, as 

 the case may be.' 



"SEC. 2. That Articles 80 and 110 of the Rules 

 and Articles for the Government of the Armies of 

 the United States be, and the same are hereby, re- 

 pealed. 



"SEC. 3. That the commanding officers author- 

 ized to approve the sentences of summary courts 

 and superior authority shall have power to remit or 

 mitigate the same. 



" >EC. 4. That post and other commanders shall, 

 in time of peace, on the last day of each month, 

 make a report to the department headquarters of 

 the number of cases determined by sumi lary court 

 during the month, setting forth the offenses com- 

 mitted and the penalties awarded, which report 

 shall be filed in the office of the judge advocate of 

 the department, and may be destroyed when no 

 longer of use. 



. .">. That soldiers sentenced by court-mar- 

 tial to dishonorable discharge and confinement 

 shall, until discharged from such confinement, re- 

 niiiin subject to the Articles of War and other laws 

 relating to the administration of military justice. 



Sir. 6. That it shall be lawful for any civil 

 officer having authority under the laws of the 

 United States, or of any State, Territory, or Dis- 

 trict, to arrest offenders, to summarily arrest a 

 deserter from the military service of the United 

 States and deliver him into the custody of the 

 military authority of the General Government. 



. 7. That this act shall take effect sixty days 

 after its passage." 



The Congress passed and the President approved, 

 July 7, 1H98. the following measure for increasing 

 the force of the ordnance department : 



" That section 5 of an act entitled ' An Act reor- 

 ganizing the several staff corps of the army,' ap- 

 proved .lime 2:5, 1874, be, and the same is hereby, 

 amended so as to read as follows: 



" ' SKC. 5. The ordnance department shall consist 

 of 1 chief of ordnance, with the rank, pay, and 

 emoluments of a brigadier general ; 4 colonels, 5 



lieutenant-colonels, 12 majors, 24 captains, 20 first 

 lieutenants. 



" ' A chief ordnance officer may be assigned to 

 the staff of an army or a corps commander, and 

 while so assigned shall have the rank, pay, and 

 allowances of a lieutenant colonel. A chief ord- 

 nance officer may be assigned to the staff of a divi- 

 sion commander, and while so assigned shall have 

 the rank, pay, and allowances of a major.' " 



The Congress passed and the President approved. 

 July 7, 1898, the following measure for the enlist- 

 ment of cooks : 



"Be it enacted, etc., That the Secretary of War 

 be, and he is hereby, authorized and directed to 

 cause to be enlisted in each company, battery, and 

 troop in the Regular and Volunteer Armies of the 

 United States, as a part of the authorized enlisted 

 strength thereof, under rules to be prescribed by 

 him, a competent person as cook, who shall take 

 rank as and be allowed the pay of a corporal of the 

 arm of the service to which he belongs, and whose 

 duties in connection with the preparation and serv- 

 ing of the food of the enlisted men of the company, 

 battery, or troop, and with the supervision and 

 instruction of enlisted men hereby authorized to be 

 detailed to assist him, shall be prescribed in the 

 regulations for the government of the army." 



The C/'ongress passed and the President approved. 

 May 27, 1898, the following measure as to the date 

 at which the pay of volunteers was to begin : 



" Be it enacted, etc., That the pay and allowance 

 of such of the volunteers as are received into the 

 service of the United States under the act of Con- 

 gress approved April 22, 1898, and the acts supple- 

 mental thereto, shall be deemed to commence from 

 the day on which they joined for" duty and arc en- 

 rolled at the battalion, regimental, or State rendez- 

 vous : Provided, That troops about to embark for 

 service in the Philippine Islands may, in the dis- 

 cretion of the Secretary of War, be paid one 

 month's wages in advance prior to embarkation." 



The act was afterward amended and approved, 

 July 8, so as to read as follows : 



"Be it enacted, etc., That the act of Congress 

 approved May 26, 1898, entitled 'An Act providing 

 for the payment and maintenance of volunteers 

 during the interval between their enrollment and 

 muster into the United States service, and for other 

 purposes.' be, and the same is hereby, amended to 

 read as follows : 



" ' That the pay and allowance of all officers and 

 enlisted men of'the volunteers received into the 

 service of the United States under the act of Con- 

 gress approved April 22, 1898, and the acts supple- 

 mental thereto, shall be deemed to commence from 

 the day on which they had their names enrolled for 

 service in the Volunteer Army of the United States 

 and joined for duty therein after having been 

 called for by the governor on the authority of the 

 President, of all officers and enlisted men who havi 

 not been so paid shall be paid by the pay depart- 

 ment of the army out of any moneys appropriated 

 for the maintenance of the army: Pronded, That 

 troops about to embark for service in the Philippine 

 Islands may, in the discretion of the Secretary of 

 War, be paid one month's wages in advance prior 

 to embarkation.' " 



The Congress passed and the President approved. 

 May 11, 1898, a bill to provide for a volunteer bri- 

 gade of engineers, and an additional force of lO.Ofii' 

 enlisted men specially accustomed to tropical cli- 

 mates. It is as follows : 



" Be it enacted, etc., That, in addition to the 

 volunteer forces provided for by the act of April 22, 

 1898, entitled "An Act to provide for temporarih 

 increasing the military establishment of the United 

 States in time of war, and for other purposes,' the: 



