Oaths of members and recorder, court inquiry. Art. 117. The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly of examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward: so help you God.” After which the president of the court shall administer to the recorder the following oath: “You, A. B., do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: so help you God.”
Witnesses before courts of inquiry. Art. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge-advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courts-martial, and the party accused shall be permitted to examine and cross-examine them, so as fully to investigate the circumstances in question.
Opinion, when given by court. Art. 119. A court of inquiry shall not give an opinion on the merits of the case inquired of unless specially ordered to do so.
Proceedings must be signed. Art. 120. The proceedings of a court of inquiry must be authenticated by the signatures of the recorder and the president thereof, and delivered to the commanding officer.
Proceedings of court of inquiry as evidence. Art. 121. The proceedings of a court of inquiry may be admitted as evidence by a court-martial, in cases not capital, nor extending to the dismissal of an officer: Provided, that the circumstances are such that oral testimony cannot be obtained.
Command when troops combine. Art. 122. If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or Militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.
Regular and volunteer officers of same relative rank. Art. 123. In all matters relating to the rank, duties, and rights of officers, the same rules and regulations shall apply to officers of the Regular Army and to volunteers commissioned in or mustered into said service, under the laws of the United States, for a limited period.
Rank of militia officers.
Art. 124. Officers of the militia of the several States, when called into the service of the United States, shall on all detachments, courts-martial, and other duty wherein they may be employed in conjunction with the regular or volunteer forces of the United States, take rank next after all officers of the like grade in said regular or volunteer forces, notwithstanding the commissions