made against any officer of insufficient consequence to cause his arrest, he shall, on application of the officer prefering the charges, give him his reasons in writing for his refusal to cause the arrest, which reasons the complaining officer may send, together with the charges, to the next common superior, who may, if he thinks it correct, order the arrest and trial of such officer.
Sec 31. That in all cases where an officer is arrested, the officer who orders the arrest shall issue any summons (subpoenas) that may be applied for by either of the parties, or which he may think necessary to compel the attendance of witnesses: and the party so applying, or any person whom the officer granting the summons (subpoenas) may appoint, may serve the same, and endorse the time of service theron, which which shall shall be at least three days previous to the sitting of the court martial, except in cases of emergency, and shall make a return thereof to the president of said court, the first day thereof, who shall, if necessary administer an oath or affirmation to the person returning the summons (subpoenas) relative to the service thereof: any person who neglects or refuses to attend a court martial, after being summoned, (subpoenad) shall be fined in a sum not exceeding fifty dollars, which fine shall be collected and applied as other fines under the provisions of this act; and any court martial appointed under the provisions of this act, shall have power to issue compulsory process to compel the attendance of witnesses, who neglect or refuse to attend, after being duly summoned.
Sec 32. That a Major General shall be tried by courts martial appointed by the Lieutenant General, where a Major General shall preside, Brigadier Generals shall be tried by courts martial appointed by the Major General, where a Brigadier General shall preside, Colonels, Lieutenant Colone[l]s, Majors and Captains shall be tried by courts [p. 53]