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Article of War 58 at 234.
In 1920, Article of War 15 was reenacted with the addition of 'by statute or' before the words 'by the law of war'.
Prior to the adoption of the 8th Article of War in 1920, military law did not provide for the service of a law member on a court-martial.
The Court of Appeals determined that under these circumstances the court-martial had been appointed in disregard of the 8th Article of War, 41 Stat.
It is a construction which has been followed since the founding of our government, and is now continued in the 82nd Article of War.
With this practice before them, the Committees of both Houses of Congress recommended the reenactment of Article of War 15 as Article 21 of the new code.
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Articles of War, by Nick Arvin (Doubleday).
See note 16, supra, for the substance of Article 30 of the Articles of War of 1863 and of Article 58 of the Articles of War of 1874.
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