836 ARTICLE 65.

An. Code, 1924, sec. 38. 1922. ch. 490, sec. 36. 1931, ch. 161, sec. 38.

38. Members of the organized militia, or any part thereof, ordered
into the active military service of the United States shall stand relieved
from duty in the organized militia so long as they shall remain in the
active military service of the United States. Upon the termination of any
emergency for which members of the organized militia, or any part thereof,
have been ordered into the active military service of the United States,
and upon being relieved from such active Federal service, all members
shall continue to serve in the original militia; officers, as if uninterrupted,
and enlisted men until the dates upon which their enlistments, entered
into prior to their order to active Federal service, would have expired, if
uninterrupted.

An. Code, 1924, sec. 40. 1922, ch. 490, sec. 38. 1927, ch. 70.

40. Courts-martial in the organized militia shall be of three kinds,

namely, general courts-martial, special courts-martial and summary courts-
martial. They shall be constituted like, and have cognizance of the same
subjects, and possess like powers, except as to punishments, as similar
courts provided for by the laws and regulations governing the Army of the
United States, and the proceedings of courts-martial of the organized
militia shall follow the forms and modes of procedure prescribed for said
similar courts; except in cases of absence without leave in which cases the
charge shall be referred to the summary court officer for trial without pre-
vious reference to an investigating officer. The jurisdiction of said courts
or boards established under the provisions of this Article shall be presumed
and the burden of proof shall rest on any person seeking to oust such courts

or boards of jurisdiction in any action or proceedings.

General courts-martial of the organized militia not in the service of the
United States may be convened by orders of the Governor, and such courts
shall have the. power to impose fines not exceeding two hundred dollars; to
sentence to forfeiture of pay and allowances; to a reprimand; to dismissal
or dishonorable discharge from the service; to reduction of non-commis-
sioned officers to the ranks; or any two or more of such punishments may
be combined in the sentences imposed by such courts.

In the organized militia, not in the service of the United States, the
commanding officer of each garrison, fort, post, camp or other place, bri-
gade, regiment, detached battalion or other detached command, may ap-
point special courts-martial for his command; but such special courts-mar-
tial may in any case be appointed by superior authority when by the latter
deemed desirable. Special courts-martial shall have power to try any per-
son subject to military law, except a commissioned officer, for any crime
lor offense made punishable by the military laws of the United States, and
such special courts-martial shall have the same powers of punishment as
do general courts-martial, except that fines imposed by such courts shall not
exceed one hundred dollars.

In the organized militia, not in the service of the United States, the com-
manding officer of each garrison, fort, post or other place, regiment or