LAWS AND REGULATIONS.

Section 1. General Provisions.

The Army of the United States is governed by certain laws called "The Articles of War" and certain regulations called "Army Regulations."

The following list includes the offenses most often committed by soldiers, generally through ignorance or carelessness rather than viciousness. Violations of any rule or regulation should be carefully guarded against, since they not only subject the offender to punishment, but also bring discredit on his comrades, his organization, and on the military profession:

1. Selling, pawning, or, through neglect, losing or spoiling any Government property, such as uniforms, blankets, equipment, ammunition, etc.

2. Disobedience of the orders of any officer or noncommissioned officer.

3. Disrespect to an officer or noncommissioned officer.

4. Absence from camp without leave.

5. Absence from any drill, formation, or other duty without authority.

6. Drunkenness on duty or off duty, whether in camp or when absent either with or without leave.

7. Bringing liquor into camp.

8. Noisy or disorderly conduct in camp or when absent either with or without leave.

9. Entering on private property, generally for the purpose of stealing fruit, etc.

10. Negligence or carelessness at drill or on other duty, particularly while on guard or as a sentinel over prisoners.

11. Wearing an unauthorized uniform or wearing the uniform in an improper manner.

12. Urinating in or around camp.

13. Falling to salute properly.

14. Disrespect or affront to a sentinel.

15. Abuse or neglect of his horse.

"The basic principles of the combat tactics of the different arms are set forth in the Drill Regulations of those arms for units as high as brigades," (Preface, Field Service Regulations.)

"The Drill Regulations are furnished as a guide. They provide the principles for training and for increasing the probability of success in battle. In the interpretation of the regulations the spirit must be sought. Quibbling over the minutÆ of form is indicative of failure to grasp the spirit," (Paragraph 4, Infantry Drill Regulations.)

Field Service Regulations govern all arms of the Army of the United States."

Section 2. The Army of the United States

The Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law. (Sec. 1, act of June 3, 1916.)

Section 3. Rank and precedence of officers and noncommissioned officers.

The following are the grades of rank of officers and noncommissioned officers:

1. Lieutenant general.

2. Major general.

3. Brigadier general.

4. Colonel.

5. Lieutenant colonel.

6. Major.

7. Captain.

8. First lieutenant.

9. Second lieutenant.

10. Aviator, Signal Corps.

11. Cadet.

12. (a) Sergeant major, regimental; sergeant major, senior grade, Coast Artillery Corps; (b) quartermaster sergeant, senior grade, Quartermaster Corps; master hospital sergeant, Medical Department; master engineer, senior grade, Corps of Engineers; master electrician, Coast Artillery Corps; master signal electrician; band lender; (c) hospital sergeant, Medical Department; master engineer, junior grade, Corps of Engineers; engineer, Coast Artillery Corps.

13. Ordnance sergeant; quartermaster sergeant, Quartermaster Corps; supply sergeant, regimental.

14. Sergeant-major, squadron and battalion; sergeant major, junior grade, Coast Artillery Corps; supply sergeant, battalion, Corps of Engineers.

15. (a) First sergeant; (b) sergeant, first class, Medical Department; sergeant, first class, Quartermaster Corps; sergeant, first class, Corps of Engineers; sergeant, first class, Signal Corps; electrician sergeant, first class, Coast Artillery Corps; electrician sergeant, Artillery Detachment, United States Military Academy; assistant engineer, Coast Artillery Corps; (c) master gunner, Coast Artillery Corps; master gunner, Artillery Detachment, United States Military Academy; band sergeant and assistant leader, United States Military Academy band; assistant band leader; sergeant bugler; electrician sergeant, second class, Coast Artillery Corps; electrician sergeant, second class, Artillery Detachment, United States Military Academy; radio sergeant.

16. Color sergeant.

17. Sergeant; supply sergeant, company; mess sergeant; stable sergeant; fireman, Coast Artillery Corps.

18. Corporal.

In each grade and subgrade date of commission, appointment, or warrant determines the order of precedence. (Paragraph. 9 Army Regulations, 1913.)

Section 4. Insignia of officers and noncommissioned officers.

The insignia of rank appearing on the shoulder straps, shoulder loops, or collar of shirt (when shirt is worn without coat) of officers are as follows:

The grade of noncommissioned officers is indicated by chevrons worn on the sleeve.

Section 5. Extracts from the Articles of War.

(Relating to enlisted men.)

CERTAIN ARTICLES TO BE READ AND EXPLAINED.

ART. 110. Articles 1, 2, and 29, 54 to 96, inclusive, and 104 to 109, inclusive, shall be read and explained to every soldier at the time of his enlistment or muster in, or within six days thereafter, and shall be read and explained once every six months to the soldiers of every garrison, regiment, or company in the service of the United States.

DEFINITIONS.

ARTICLE 1. The following words when used in these articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely:

(a) The word "officer" shall be construed to refer to a commissioned officer;

(b) The word "soldier" shall be construed as including a noncommissioned officer, a private, or any other enlisted man;

(c) The word "company" shall be understood as including a troop or battery; and

(d) The word "battalion" shall be understood as including a squadron.

PERSONS SUBJECT TO MILITARY LAW.

ART. 2. The following persons are subject to these articles and shall be understood as included in the term "any person subject to military law" or "persons subject to military law" whenever used in these articles: Provided, That nothing contained in this act, except as specifically provided in article 2, subparagraph (c), shall be construed to apply to any person under the United States naval jurisdiction, unless otherwise specifically provided by law:

(a) All officers and soldiers belonging to the Regular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into or to duty or for training in the said service, from the dates they are required by the terms of the call, draft, or order to obey the same.

(b) Cadets.

(c) Officers and soldiers of the Marine Corps when detached for service with the armies of the United States by order of the President: Provided, That an officer soldier of the Marine Corps when so detached may be tried by military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against these articles he may be tried by a naval court-martial after such detachment ceases.

(d) All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retainers and persons accompanying or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles.

(e) All persons under sentence adjudged by courts-martial.

(f) All persons admitted into the Regular Army Soldiers Home at Washington. D. C.

ENLISTMENT WITHOUT DISCHARGE.

ART. 29. Any soldier who, without having first received a regular discharge, again enlists in the Army, or in the militia when in the service of the United States, or in the Navy or Marine Corps of the United States, or in any foreign army, shall be deemed to have deserted the service of the United States; and, where enlistment is in one of the forces of the United States mentioned above, to have fraudulently enlisted therein.

FRAUDULENT ENLISTMENT.

ART. 54. Any person who shall procure himself to be enlisted in the military service of the United States by means of willful misrepresentation or concealment as to his qualifications for enlistment, and shall receive pay or allowances under such enlistment, shall be punished as a court-martial may direct.

OFFICER MAKING UNLAWFUL ENLISTMENT

ART. 55. Any officer who knowingly enlists or musters into the military service any person whose enlistment or muster in is prohibited by law, regulation, or orders shall be dismissed from the service or suffer such other punishment as a court-martial may direct.

MUSTER ROLLS--FALSE MUSTER.

ART. 56. At every muster of a regiment, troop, battery, or company the commanding officer thereof shall give to the mustering officer certificates, signed by himself, stating how long absent officers have been absent and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like certificates, stating how long absent noncommissioned officers and private soldiers have been absent and the reasons of their absence. Such reasons and time of absence shall be inserted in the muster rolls opposite the names of the respective absent officers and soldiers, and the certificates, together with the muster rolls, shall be transmitted by the mustering officer to the Department of War as speedily as the distance of the place and muster will admit. Any officer who knowingly makes a false muster of man or animal, or who signs or directs or allows the signing of any muster roll knowing the same to contain false muster or false statement as to the absence or pay of an officer or soldier, or who wrongfully takes money or other consideration on mustering in a regiment, company, or other organization, or on signing muster rolls, or who knowingly musters as an officer or soldier a person who is not such officer or soldier, shall be dismissed from the service and suffer such other punishment as a court-martial may direct.

FALSE RETURNS--OMISSION TO RENDER RETURNS.

ART. 57. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison shall, in the beginning of every month, transmit, through the proper channels, to the War Department an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. Every officer whose duty it is to render to the War Department or other superior authority a return of the state of the troops under his command, or of the arms, ammunition, clothing, funds, or other property thereunto belonging, who knowingly makes a false return thereof shall be dismissed from the service and suffer such other punishment as a court-martial may direct. And any officer who, through neglect or design, omits to render such return shall be punished as a court-martial may direct.

DESERTION.

ART. 58. Any person subject to military law who deserts or attempts to desert the service of the United States shall, if the offense be committed in time of war, suffer death or such other punishment as a court-martial may direct, and, if the offense be committed at any other time, any punishment, excepting death, that a court-martial may direct.

ADVISING OR AIDING ANOTHER TO DESERT.

ART. 59. Any person subject to military law who advises or persuades or knowingly assists another to desert the service of the United States shall, if the offense be committed in time of war, suffer death, or such other punishment as a court-martial may direct, and if the offense be committed at any other time any punishment, excepting death, that a court-martial may direct.

ENTERTAINING A DESERTER.

ART. 60. Any officer who, after having discovered that a soldier in his command is a deserter from the military or naval service or from the Marine Corps, retains such deserter in his command without informing superior authority or the commander of the organization to which the deserter belongs, shall be punished as a court-martial may direct.

ABSENCE WITHOUT LEAVE.

ART. 61. Any person subject to military law who fails to repair at the fixed time to the properly appointed place of duty, or goes from the same without proper leave, or absents himself from his command, guard, quarters, station or camp without proper leave, shall be punished as a court-martial may direct.

DISRESPECT TOWARD THE PRESIDENT, VICE PRESIDENT, CONGRESS, SECRETARY OF WAR, GOVERNORS, LEGISLATURES.

ART. 62. Any officer who uses contemptuous or disrespectful words against the President, Vice President, the Congress of the United States, the Secretary of War, or the governor or legislature of any State, Territory, or other possession of the United States in which he is quartered shall be dismissed from the service or suffer such other punishment as a court-martial may direct. Any other person subject to military law who so offends shall be punished as a court-martial may direct.

DISRESPECT TOWARD SUPERIOR OFFICERS.

ART. 63. Any person subject to military law who behaves himself with disrespect toward his superior officer shall be punished as a court-martial may direct.

ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER.

ART. 64. Any person subject to military law who, on any pretense whatsoever, strikes his superior officer or draws or lifts up any weapon or offers any violence against him, being in the execution of his office, or willfully disobeys any lawful command of his superior officer, shall suffer death or such other punishment as a court-martial may direct.

INSUBORDINATE CONDUCT TOWARD NONCOMMISSIONED OFFICER.

ART. 65. Any soldier who strikes or assaults, or who attempts or threatens to strike or assault, or willfully disobeys the lawful order of a noncommissioned officer while in the execution of his office, or uses threatening or insulting language, or behaves in an insubordinate or disrespectful manner toward a noncommissioned officer while in the execution of his office, shall be punished as a court-martial may direct.

MUTINY OR SEDITION.

ART. 66. Any person subject to military law who attempts to create or who begins, excites, causes, or joins in any mutiny or sedition in any company, party, post, camp detachment, guard, or other command shall suffer death or such other punishment as a court-martial may direct.

FAILURE TO SUPPRESS MUTINY OR SEDITION.

ART. 67. Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or knowing or having reason to believe that a mutiny or sedition is to take place, does not without delay give information thereof to his commanding officer shall suffer death or such other punishment as a court-martial may direct.

QUARRELS, FRAYS, DISORDERS.

ART. 68. All officers and noncommissioned officers have power to part and quell all quarrels, frays, and disorders among persons subject to military law and to order officers who take part in the same into arrest, and other persons subject to military law who take part in the same into arrest or confinement, as circumstances may require, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer or noncommissioned officer or draws a weapon upon or otherwise threatens or does violence to him shall be punished as a court-martial may direct.

ARREST OR CONFINEMENT OF ACCUSED PERSONS.

ART. 69. An officer charged with crime or with a serious offense under these articles shall be placed in arrest by the commanding officer, and in exceptional cases an officer so charged may be placed in confinement by the same authority. A soldier charged with crime or with a serious offense under these articles shall be placed in confinement, and when charged with a minor offense he may be placed in arrest. Any other person subject to military law charged with crime or with a serious offense under these articles shall be placed in confinement or in arrest, as circumstances may require; and when charged with a minor offense such person may be placed in arrest. Any person placed in arrest under the provisions of this article shall thereby be restricted to his barracks, quarters, or tent, unless such limits shall be enlarged by proper authority. Any officer who breaks his arrest or who escapes from confinement before he is set at liberty by proper authority shall be dismissed from the service or suffer such other punishment as a court-martial may direct; and any other person subject to military law who escapes from confinement or who breaks his arrest before he is set at liberty by proper authority shall be punished as a court-martial may direct.

INVESTIGATION OF AND ACTION UPON CHARGES.

ART. 70. No person put in arrest shall be continued in confinement more than eight days, or until such time as a court-martial can be assembled. When any person is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within 10 days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within 30 days after the expiration of said 10 days. If a copy of the charges be not served, or the arrested person be not brought to trial, as herein required, the arrest shall cease. But persons released from arrest, under the provisions of this article, may be tried, whenever the exigencies of the service shall permit, within 12 months after such release from arrest: Provided, That in time of peace no person shall, against his objection, be brought to trial before a general court-martial within a period of five days subsequent to the service of charles upon him.

REFUSAL TO RECEIVE AND KEEP PRISONERS.

ART. 71. No provost marshal or commander of a guard shall refute to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States, provided the officer committing shall, at the time, deliver an account in writing, signed by himself, of the crime or offense charged against the prisoner. Any officer or soldier so refusing shall be punished as a court-martial may direct.

REPORT OF PRISONERS RECEIVED.

ART. 72. Every commander of a guard to whose charge a prisoner is committed shall, within 24 hours after such confinement, or as soon as he is relieved from his guard, report in writing to the commanding officer the name of such prisoner, the offense charged against him, and the name of the officer committing him; and if he fails to make such report he shall be punished as a court-martial may direct.

RELEASING PRISONER WITHOUT PROPER AUTHORITY.

ART. 73. Any person subject to military law who, without proper authority, releases any prisoner duly committed to his charge, or who, through neglect or design, suffers any prisoner so committed to escape, shall be punished as a court-martial may direct.

DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES.

ART. 74. When any person subject to military law, except one who is held by the military authorities to answer, or who is awaiting trial or result of trial, or who is undergoing sentence for a crime or offense punishable under these articles, is accused of a crime or offense committed within the geographical limits of the States of the Union and the District of Columbia, and punishable by the laws of the land, the commanding officer is required, except in time of war, upon application duly made, to use his utmost endeavor to deliver over such accused person to the civil authorities, or to aid the officers, of justice in apprehending and securing him, in order that he may be brought to trial. Any commanding officer who upon such application refuses or willfully neglects, except in time of war, to deliver over such accused person to the civil authorities or to aid the officers of justice in apprehending and securing him shall be dismissed from the service or suffer such other punishment as a court-martial may direct.

When under the provisions of this article delivery is made to the civll authorities of an offender undergoing sentence of a court-martial, such delivery, if followed by conviction, shall be held to interrupt the execution of the sentence of the court-martial, and the offender shall be returned to military custody, after having answered to the civil authorities for his offense, for the completion of the said court-martial sentence.

MISBEHAVIOR BEFORE THE ENEMY.

ART. 75. Any officer or soldier who misbehaves himself before the enemy, runs away, or shamefully abandons or delivers up any fort, post, camp, guard, or other command which it is his duty to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, or by any means whatsoever occasions false alarms in camp, garrison, or quarters, shall suffer death or such other punishment as a court-martial may direct.

SUBORDINATES COMPELLING COMMANDER TO SURRENDER.

ART. 76. If any commander of any garrison, fort, post, camp, guard, or other command is compelled by the officers or soldiers under his command to give it up to the enemy or to abandon it, the officers or soldiers so offending shall suffer death or such other punishment as a court-martial may direct.

IMPROPER USE OF COUNTERSIGN.

ART. 77. Any person subject to military law who makes known the parole or countersign to any person not entitled to receive it according to the rules and discipline of war, or gives a parole or countersign different from that which he received, shall, if the offense be committed in time of war, suffer death or such other punishment as a court-martial may direct.

FORCING A SAFEGUARD.

ART. 78. Any person subject to military law who, in time of war, forces a safeguard shall suffer death or such other punishment as a court-martial may direct.

CAPTURED PROPERTY TO BE SECURED FOR PUBLIC SERVICE.

ART. 79. All public property taken from the enemy is the property of the United States and shall be secured for the service of the United States, and any person subject to military law who neglects to secure such property or is guilty of wrongful application thereof shall be punished as a court-martial may direct.

DEALING IN CAPTURED OR ABANDONED PROPERTY.

ART. 80. Any person subject to military law who buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he shall receive or expect any profit, benefit, or advantage to himself or to any other person directly or indirectly connected with himself, or who falls whenever such property comes into his possession or custody or within his control to give notice thereof to the proper authority and to turn over such property to the proper authority without delay, shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial, military commission, or other military tribunal may adjudge, or by any or all of said penalties.

RELIEVING, CORRESPONDING WITH, OR AIDING THE ENEMY.

ART. 81. Whosoever relieves the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death, or such other punishment as a court-martial or military commission may direct.

SPIES.

ART. 82. Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.

MILITARY PROPERTY--WILLFUL OR NEGLIGENT LOSS, DAMAGE, OR WRONGFUL DISPOSITION OF.

ART. 83. Any person subject to military law who willfully or through neglect suffers to be lost, spoiled, damaged, or wrongfully disposed of any military property belonging to the United States shall make good the loss or damage and suffer such punishment as a court-martial may direct.

WASTE OR UNLAWFUL DISPOSITION OF MILITARY PROPERTY ISSUED TO SOLDIERS.

ART. 84. Any soldier who sells or wrongfully disposes of or willfully or through neglect injures or loses any horse, arms, ammunition, accouterments, equipments, clothing, or other property issued for use in the military service shall be punished as a court-martial may direct.

DRUNK ON DUTY.

ART. 85. Any officer who is found drunk on duty shall, if the offense be committed in time of war, be dismissed from the service and suffer such other punishment as a court-martial may direct; and if the offense be committed in time of peace he shall be punished as a court-martial may direct. Any person subject to military law, except un officer, who is found drunk on duty shall be punished as a court-martial may direct.

MISBEHAVIOR OF SENTINEL.

ART. 86. Any sentinel who is found drunk or sleeping upon his post, or who leaves it before he is regularly relieved, shall, if the offense be committed in time of war, suffer death or such other punishment as a court-martial may direct; and if the offense be committed in time of pence he shall suffer any punishment, except death, that a court-martial may direct.

PERSONAL INTEREST IN SALE OF PROVISIONS.

ART. 87. Any officer commanding in any garrison, fort, barracks, camp, or other place where troops of the United States may be serving who, for his private advantage, lays any duty or imposition upon or is interested in the sale of any victuals or other necessaries of life brought into such garrison, fort, barracks, camp, or other place for the use of the troops, shall be dismissed from the service and suffer such other Punishment as a court-martial may direct.

INTIMIDATION OF PERSONS BRINGING PROVISIONS.

ART. 88. Any person subject to military law who abuses, intimidates, does violence to, or wrongfully interferes with any person bringing provisions, supplies, or other necessaries to the camp, garrison, or quarters of the forces of the United States shall suffer such punishment as a court-martial may direct.

GOOD ORDER TO BE MAINTAINED AND WRONGS REDRESSED.

ART. 89. All persons subject to military law are to behave themselves orderly in quarters, garrison, camp, and on the march; and any person subject to military law who commits any waste or spoil, or willfully destroys any property whatsoever (unless by order of his commanding officer), or commits any kind of depredation or riot, shall be punished as a court-martial may direct. Any commanding officer who, upon complaint made to him, refuses or omits to see reparation made to the party injured, in so far as the offender's pay shall go toward such reparation, as provided for in article 105, shall be dismissed from the service or otherwise punished as a court-martial may direct.

PROVOKING SPEECHES OR GESTURES

ART. 90. No person subject to military law shall use any reproachful or provoking speeches or gestures to another; and any person subject to military law who offends against the provisions of this article shall be punished as a court-martial may direct.

DUELING.

ART. 91. Any person subject to military law who fights or promotes or is concerned in or connives at fighting a duel, or who having knowledge of a challenge sent or about to be sent fails to report the fact promptly to the proper authority, shall, if an officer, be dismissed from the service or suffer such other punishment as a court-martial may direct; and if any other person subject to military law shall suffer such punishment as a court-martial may direct.

MURDER-RAPE.

ART. 92. Any person subject to military law who commits murder or rape shall suffer death or imprisonment for life, as a court-martial may direct; but no person shall be tried by court-martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace.

VARIOUS CRIMES.

ART. 93. Any person subject to military law who commits manslaughter, mayhem, arson, burglary, robbery, larceny, embezzlement, perjury, assault with intent to commit any felony, or assault with intent to do bodily harm, shall be punished as a court-martial may direct.

FRAUDS AGAINST THE GOVERNMENT.

ART. 94. Any person subject to military law who makes or causes to be made any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or

Who presents or causes to be presented to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or

Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, the allowance or payment of any false or fraudulent claim; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures, or advises the making or use of, any writing or other paper, knowing the same to contain any false or fraudulent statements; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures, or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures, or advises the forging or counterfeiting of any signature upon any writing or other paper, or uses, or procures, or advises the use of any such signature, knowing the same to be forged or counterfeited; or

Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the military service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or

Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the military service thereof, makes or delivers to any person such writing, without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; or

Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money, or other property of the United States furnished or intended for the military service thereof; or

Who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms, equipment, ammunition, clothing, subsistence stores, or other property of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same;

Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge, or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid while in the military service of the United States, receives his discharge or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial in the same manner and to the same extent as if he had not received such discharge nor been dismissed.

CONDUCT UNBECOMING AN OFFICER AND GENTLEMAN.

ART. 95. Any officer or cadet who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service.

GENERAL ARTICLE.

ART. 96. Though not mentioned in these articles, all disorders and neglects to the prejudice of good order and military discipline, all conduct of a nature to bring discredit upon the military service, and all crimes or offenses not capital of which persons subject to military law may be guilty shall be taken cognizance of by a general or special or summary court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.

DISCIPLINARY POWERS OF COMMANDING OFFICERS.

ART. 104. Under such regulations as the President may prescribe, and which he may from time to time revoke, alter, or add to, the commanding officer of any detachment, company, or higher command may, for minor offences not denied by the accused, impose disciplinary punishments upon persons of his command without the intervention of a court-martial, unless the accused demands trial by court-martial.

The disciplinary punishments authorized by this article may include admonition, reprimand, withholding of privileges, extra fatigue, and restriction to certain specified limits, but shall not include forfeiture of pay or confinement under guard. A person punished under authority fit this article who deems his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority, but may in the meantime be required to undergo the punishment adjudged. The commanding officer who imposes the punishment, his successor in command, and superior authority shall have power to mitigate or remit any unexecuted portion of the punishment. The imposition and enforcement of disciplinary punishment under authority of this article for any act or omission shall not be a bar to trial by court-martial for a crime or offense growing out of the same act or omission; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

REDRESS OF INJURIES TO PERSON OR PROPERTY.

ART. 105. Whenever complaint is made to any commanding officer that damage has been done to the property of any person or that his property has been wrongfully taken by persons subject to military law, such complaint shall be investigated by a board consisting of any number of officers from one to three, which board shall be convened by the commanding officer and shall have, for the purpose of such investigation, power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in the amount approved by him shall be stopped against the pay of the offenders. And the order of such commanding officer directing stoppages herein authorized shall be conclusive on any disbursing officer for the payment by him to the injured parties of the stoppages so ordered.

Where the offenders can not be ascertained but the organization or detachment to which they belong is known, stoppages to the amount of damages inflicted may be made and assessed in such proportion as may be deemed just upon the individual members thereof who are shown to have been present with such organization or detachment at the time the damages complained of were inflicted, as determined by the approved findings of the board.

ARREST OF DESERTERS BY CIVIL OFFICIALS.

ART. 106. It shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, District, or possession of the United States, to arrest offenders, summarily to arrest a deserter from the military service of the United States and deliver him into the custody of the military authorities of the United States.

SOLDIERS TO MAKE GOOD TIME LOST.

ART. 107. Every soldier who in an existing or subsequent enlistment deserts the service of the United States or without proper authority absents himself from his organization, station, or duty for more than one day, or who is confined for more than one day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction, or through the intemperate use of drugs or alcoholic liquor, or through disease or injury the result at his own misconduct, renders himself unable for more than one day to perform duty, shall be liable to serve, after his return to a full-duty status, for such period as shall, with the time he may have served prior to such desertion, unauthorized absence, confinement, or inability to perform duty, amount to the full term of that part of his enlistment period which he is required to serve with his organization before being furloughed to the Army Reserve.

SOLDIERS--SEPARATION FROM THE SERVICE.

ART. 108. No enlisted man, lawfully inducted into the military service of the United States, shall be discharged from said service without a certificate of discharge, signed by a field officer of the regiment or other organization to which the enlisted man belongs or by the commanding officer when no such field officer is present; and no enlisted man shall be discharged from said service before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a department, or by sentence of a general Court-martial.

OATH OF ENLISTMENT.

ART. 109. At the time of his enlistment every soldier shall take the following oath or affirmation: "I, ----, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the Rules and Articles of War," This oath or affirmation may be taken before any officer.