Chapter 809. To prevent the failure of military justice, and for other purposes
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CHAP. 809.— An Act To prevent the failure of military justice, and for other purposes. March 2, 1901. *Be it enacted by the Senate and House of Representatives if the United States of America in Congress assembled*, Army.Refusal to qualify as witness before courts-martial. That every person not belonging to the Army of the United States who. being duly subpoenaed to appear as a witness before a general court-martial of the Army, will-fully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence which such person may —penalty.have been legally subpaenaed to produce, shall be deemed guilty of a 951misdemeanor, for which such person shall he punished on information in the district court of the United States; and it shall be the duty of—proceeding against. the United States district attorney, on the certification of the facts to him by the general court-martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: *Provided*, That this shall not apply to persons residing*Proviso.*—exceptions. beyond the State, Territory, or District in which such general court-martial is held, and that the fees of such witness, and his mileage at—witness fees to be tendered. the rates provided for witnesses in the United States district court for said State, Territory or District shall be duly paid or tendered said witness, such amounts to be paid by the Pay Department of the Army out of the appropriation for compensation of witnesses: *Provided*,*Proviso.* That no witness shall be compelled to incriminate himself or to answerSelf-incrimination not compelled. any questions which may tend to incriminate or degrade him.
Sec. 2. That article ninety-four, section thirteen hundred and forty-two,Hours of sitting.[R. S., sec. 1342, p. 239](/us/rs/s1342/p239), repealed. of the Revised Statutes of the United States be, and the same is hereby, repealed. Sec. 3. That section one hundred and eighty-three of the RevisedArmy officers may administer oaths.[R. S., see. 183, p. 29](/us/rs/s183/p29), amended. Statutes of the United States be, and the same is hereby, amended so as to read as follows: " “Sec. 183.
Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army detailed to conduct an investigation, and the recorder, and. if there be none, the presiding officer of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation.
” " Sec. 4. That article eighty-three, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows: " “Article 83. Regimental and garrison courts-martial and summaryJurisdiction of courts-martial.[R. S., see. 1342, p. 238](/us/rs/s1342/p238), amended. courts detailed under existing laws to try enlisted men shall not have power to try capital cases or commissioned officers, but shall have power to award punishment not to exceed confinement at hard labor for three months or forfeiture of three months’ pay, or both, and in addition thereto, in the case of noncommissioned officers reduction to the ranks and in the case of first-class privates reduction to second-class privates: *Provided*, That a summary court shall not adjudge confinement*Proviso.*Trial by summary court with consent, etc. and forfeiture in excess of a period of one month, unless the accused shall before trial consent in writing to trial by said court, but in any case of refusal to so consent, the trial may be had either by general, regimental, or garrison court-martial, or by said summary court, but in case of trial by said summary court without consent as aforesaid, the court shall not adjudge confinement or forfeiture of pay for more than one month.
” " Sec. 5. That article sixty, section thirteen hundred and forty-two,Penalty for certain frauds against the United States.[R. S., sec. 1342, p. 236](/us/rs/s1342/p236). of the Revised Statutes of the United States be, and the same is hereby, amended by inserting after the words “shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge,” the words “or by any or all of said penalties.” Approved, March 2, 1901.