(d) Paymaster's Department. (1) Paymaster. (2) Chief Clerk. 5. Publications 23 (a) Annual Reports. (b) Navy Register, annual. (c) Regulations for the Government of the Navy. (d) General and Special Orders. (e) General Court-Martial Orders. (f) Naval Militia Office, Transactions of Naval Militia Association of United States. (g) Price List of books on sale by Hydrographic Office. (h) List of Hydrographic Office books useful to Great Lakes Mariners. (i) Notice to Mariners (weekly). (j) Digest of Opinions of Judge Advocate General. (k) Rules and Regulations for Government of Naval Prisons and Prison Ships. (1) Forms of Procedure for General and Summary Courts-Martial, etc. (m) Annual Reports, Major General Commandant, Marine Corps. (n) Annual Reports of each Bureau Chief. (0) American Ephemeris and Nautical Almanac. (p) American Nautical Almanac. (q) International Law Situations, Naval War College. (r) Navy Directory, obtainable from Superintendent of Documents, 25 cents a copy. (s) Price List No. 63 of publications relating to the Navy, Marine Corps, and Coast Guard, for sale by the Superintendent of Documents, Washington, D. C.. obtainable free by addressing said Superintendent. 6. Force of Regulations for the Government of the Navy Regulations for the Government of the Navy, approved by Congress, have the absolute force of law, when founded on the President's constitutional powers as Commander-in-Chief, and are consistent with, or supplementary to, acts of Congress.24 Such regulations afford naval personnel their usual guide for action. 7. "Articles for the Government of the Navy"-Naval Courts. Articles for the Government of the Navy originated in 1799.25 They have been amended from time to time.26 They, in effect, constitute a code of law upon which courts-martial proceed. 23 See Checklist of United States Public Documents, 1790-1909, pp. 647-832. 24 Smith v. Whitney, 116 U. S. 167, 6 S. Ct. 570, 29 L. Ed. 601; Ex parte Reed, 100 U. S. 13, 25 L. Ed. 538. 25 Act March 2, 1799 (1 Stat. 709). 26 Notably by Act July 17, 1862 (12 Stat. 600); Act March 3, 1865 (13 Stat. 490). See R. S. § 1624; Act May 12, 1879 (21 Stat. 3); Act March 3, 1893 (27 Stat. 716); Act Feb. 25, 1895 (28 Stat. 680 [Comp. St. §§ 3032, 3033]); Act March 3, 1899 (30 Stat. 1007); Act Feb. 16, 1909 (35 Stat. 621); Act Aug. 22, 1912 (37 Stat. 356); Act Aug. 29, 1916 (39 Stat. 586); Act Oct. 6, 1917 (40 Stat. 393 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 2988a]). Congress' constitutional power to make rules for the government and regulation of the land and naval forces includes the power to provide for the trial and punishment of persons belonging to the Navy or Marine Corps without a jury. The qualification as to actual service in time of war in the Fifth Amendment to the Constitution refers only to the militia.28 The court-martial must have jurisdiction to render judgment as well as to hear and determine the cause.29 When a court-martial has jurisdiction of the person of the accused and of the offense charged, and has acted within the scope of its lawful powers, its decision and sentence cannot be reviewed or set aside by the civil courts, by writ of habeas corpus or otherwise.27 28 Only in case it clearly appears that a court-martial is about to exceed its jurisdiction may a writ of prohibition be obtained from a civil court.30 (d) Officers Must Testify as to Court-Martial Record.-Officers of the Naval Establishment are bound to testify in regard to the contents of the record of proceedings of a court-martial, when required by a commission of a state court, for such a record is that of an adjudicated case.31 8. Admission of Attorneys to Practice There are no requirements for admission of attorneys to practice before courts-martial, or otherwise to represent clients in the Navy Department. For amended Articles for the Government of the Navy, see Comp. St. §§ 2962-2980, 2981, 2982, 2984-2986, 2994, 2995-3005, 3007-3016, 3018-3021, 3023, 3024, 3026, 3027-3034. 27 In re Bogart, 2 Sawy. 396, Fed. Cas. No. 1596. 28 Johnson v. Sayre, 158 U. S. 109, 15 S. Ct. 773, 39 L. Ed. 914. 29 Ex parte Reed, 100 U. S. 13, 25 L. Ed. 538. 30 Smith v. Whitney, supra. 31 11 Op. Attys. Gen. 137. 269* |