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confinement at hard labor in consideration of each previous conviction of desertion, and also by dishonorable discharge and forfeiture of all pay and allowances when not already authorized.

(6) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

II. Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:

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Under seventeenth article of war.
Selling horse or arms, either or both Three years' confinement at hard labor; for

noncommissioned officer, reduction in ad

dition thereto.* Selling accouterments ....

Four months' confinement at hard labor; for

noncommissioned officer, reduction in ad

dition thereto.* Selling clothing.....

Two months' confinement at hard labor; for

noncommissioned officer, reduction in ad.

dition thereto.*
Losing or spoiling horse or arms Four months' confinement at hard labor; for
through neglect.

noncommissioned officer, reduction in ad

dition thereto.*
Losing or spoiling accouterments One month's confinement at hard labor; for
or clothing through neglect. noncommissioned officer, reduction in ad-

dition thereto.*
Under twentieth article of war,
Behaving himself with disrespect six months' confinement at hard labor and
toward his commanding officer. forfeiture of $10 per month for the same

period; for noncommissioned officer, re

duction in addition thereto.
Under twenty-fourth article of war.
Refusal to obey or using violence Dishonorable discharge, with forfeiture of

to officer or roncommissioned all pay and allowances, and imprisonment
officer while quelling quarrels for 2 years.
or disorders.
Under thirly-first article of war.
Lying out of quarters...... Forfeiture of $2; corporal, $3; sergeant, $.
Under thirty-second article of war.
Absence without leave

Less than 1 hour (not including Forfeiture of 50 cents; corporal, $i; sergeant,

absence from a roll call).
Less than 1 hour (including ab Forfeiture of $i; corporal, $2; sergeant, $3;
sence from a roll call). first sergeant or noncommissioned officer

of higher grade, $4.
From 1 to 6 hours ..

Forfeiture of $2; corporal, $3; sergeant, $4;

first sergeant or noncommissioned officer

of higher grade, $5. Vom 6 to 14 hours.

Forfeiture of $3; corporal, $4; sergeant, $6;

first sergeant or noncommissioned officer

of higher grade, $7. Fium 12 to 24 hours

Forfeiture of $5; corporal, $6; sergeant, $7;

first sergeant or noncommissioned officer of higher grade, $10.

*In addition to the stoppages "sufficient for repairing the loss or damage," which the law requires the court-martial to adjudge. The court's action under this require ment in the case of sale or loss through neglect of clothing shall be limited to a confirmation of the charge made against the offender on his clothing account.

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Under thirty-second article of

war-continued. Absence without leave--continued. From 24 to 48 hours.

Forfeiture of $6 and 5 days' confinement at hard labor. For cof poral, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned officer of higher grade, $12; or for

all noncommissioned officers, reduction. From 2 to 9 days.

Forfeiture of $10 and 10 days' confinement

at hard labor; for noncommissioned offi

cer, reduction in addition thereto. From 10 to 29 days

Forfeiture of $20 and 1 month's confinement

at hard labor; for noncommissioned offi

cer, reduction in addition thereto. From 30 to 90 days

Three months' confinement at hard labor

and forfeiture of $10 per month for same period; for poncommissioned officer, re

duction in addition thereto. For more than 90 days.... Dishonorable discharge and forfeiture of all

pay and allowances and 3 months' confine

ment at hard labor. Under thirty-third article of war. Failure to repair at the time fixed, etc., to the place of parade forReveille or retreat roll call Forfeiture of go cents; corporal, $i; sergeant,

$2; first sergeant, $3. Guard detail

Forfeiture of $5; corporal, $8; sergeant, $10. Fatigue detail.. Dress parade... The weekly inspection...

Forfeiture of $2; corporal, $3; sergeant, $5.
Target practice
Drill......
Guard mounting (by musician).

Stable duty.....
Under thirty-eighth article of war.
Drunkenness on-
Guard .....

Six months' confinement at hard labor and

forfeiture of $10 per month for the same
period; for noncommissioned officer, re-

duction in addition thereto.
Duty as company cook.... Forfeiture of $10.
Extra or special duty
At drill.....
At target practice..
At parade ....

Forfeiture of $6; for noncommissioned offiAt inspection

cer, reduction and forfeiture of $10. At inspection of company

guard detail At stable duty

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Under sixty-second article of

war-continued. Assault with intent to kill... Dishonorable discharge, forfeiture of all

pay and allowances, and 10 years' im pris.

oninent. Burglary ...

Dishonorable discharge, forfeiture of all

pay and allowances, and 5 years' impris

onment. Forgery

Dishonorable discharge, forfeiture of all

pay and allowances, and 4 years' impris.

onment. Perjury

Dishonorable discharge, forfeiture of all

pay and allowances, and 4 years impris.

onment. False swearing

Dishonorable discharge, forfeiture of all

pay and allowances, and 2 years' impris.

onment. Robbery......

Dishonorable discharge, forfeiture of all

pay and allowances, and 6 years' impris

onment. Larceny or embezzlement of property of the value of—* More than $100......

Dishonorable discharge, forfeiture of all

pay and allowances, and 4 years' impris

onment. $100 or less and more than $50.. Dishonorable discharge, forfeiture of all

pay and allowances, and 3 years' impris

onment. $50 or less and more than $20.... Dishonorable discharge, forfeiture of all

pay and allowances, and 2 years' impris

onment. $20 or less ...

Dishonorable discharge, forfeiture of all

pay and allowances, and 1 year's impris

onment, Disobedience of orders, involving Six months' confinement at hard labor and

willful defiance of the authority forfeiture of $10 per month for the same of a noncommissioned officer in period; for noncommissioned officer, recharge of a guard or party.

duction in addition thereto. Using threateningor insulting lan. One month's confinement at hard labor and

guage or behaving in an insub. forfeiture of $10; for noncommissioned offiordinate manner to a noncom- cer, reduction in addition thereto. missioned officer while in the

execution of his office. Absence from fatigue duty ... Forfeiture of $4; corporal, $5; sergeant, $6. Absence from extra or special duty. Forfeiture of $4; corporal, $5; sergeant, $6. Absence from duty as company or Forfeiture of $10.

hospital cook. Introducing liquor into post or Forfeiture of $3; for noncommissioned offi.

camp in violation of standing cer, reduction and forfeiture of $5. orders. Drunkenness at post or in quarters. Forfeiture of $3; for noncommissioned offi

cer, reduction and forfeiture

of $5. Drunkenness and disorderly con- Forfeiture of $10 and 7 days' confinement at

duct, causing the offender's ar- hard labor; for noncommissioned officer, rest and conviction by civil au- reduction and forfeiture of $12, thorities at a place within 10

miles of his station. Noisy or disorderly conduct in Forfeiture of $4; corporal, $7; sergeant, $io.

quarters. Abuse by noncommissioned officer Reduction, 3 months' confinement at hard of his authority over an inferior. labor, and forfeiture of $10 per month for

the same period. Noncommissioned officer encour- Reduction and forfeiture of $5.

aging gambling. Noncommissioned officer making Reduction, forfeiture of $8, and 10 days' confalse report.

finement at hard labor. Sentinel allowing a prisoner under Six months' confinement at hard labor and

his charge to escape through neg. forteiture of $10 per month for the same lect.

period.

* In specifica shall be stated.

ons to charges of larceny or embezzlement the value of the property

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Under sixty-second article of

war-continued.
Sentinel willfully, suffering pris. Dishonorable discharge, forfeiture of all
oner under his charge to escape. pay and allowances, and i year's impris.

onment,
Sentinel allowing a prisoner under Two months' confinement at hard labor and
his charge to obtain liquor. forfeiture of $10 per month for the same

period.
Sentinelor member of guard drink. Two months' confinement at hard labor and
ing liquor with prisoners.

forfeiture of $10 per month for the same

period.
Disrespect or affront to a sentinel.. Two months' confinement at hard labor and

forfeiture of $10 per month for the same
period; for noncommissioned officer, re-

duction in addition thereto.
Resisting or disobeying sentinel in six months' confinement at hard labor and
lawful execution of his duty. forfeiture of $10 per month for the same

period; for noncommissioned officer, re

duction in addition thereto.
Lewd or indecent exposure of per. Three months' confinement at hard labor

and forfeiture of $10 per month for the
same period; for noncommissioned officer,
reduction in addition thereto.

son.

III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction: Provided, That upon proof of five or more previous convictions the punishment may be that authorized for a fifth conviction, or dishonorable discharge with forfeiture of all pay and allowances. When found guilty of an offense cognizable only by a general court-martial, and on proof of five or more previous convictions within the two years, dishonorable discharge with forfeiture of all pay and allowances may be added to any confinement at hard labor. And when a noncommissioned officer shall be found guilty of an offense not punishable by reduction, reduction may be added to the punishment if it shall appear that he has been convicted of a military offense within one year and during his current enlistment.

(2) After arriving at the findings a court-martial may be opened to receive evidence of previous convictions. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, showing the actual offenses of which the soldier was convicted, except in the cases of convictions by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary garrison or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence. Paragraphs 1017 and 1018 of the Regulations are superseded by this order,

IV. This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases where the severest punishment should be awarded. In other cases the punishment must be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.

V. Summary courts are subject to the restrictions named in the eightythird article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, unless in particular cases restraint may be deemed necessary.

VI. The following substitutions for punishments named in Section II of this order are authorized, at the discretion of the court:

Detention of pay to the extent of four times the amount of the forfeiture; two days' confinement at hard labor for $1 of forfeited pay; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 of forfeited pay: Provided, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Wherever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this section, the aforesaid courts shall be deemed to have jurisdiction of such offense or offenses.

VII. Sergeants shall not if they object thereto be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general courtmartial; nor shall sergeants of the post noncommissioned staff be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment. Paragraphs 105 and 254 of the Regulations, the latter as amended by General Orders, No. 67, series of 1890, AdjutantGeneral's Office, are modified accordingly.

BENJ. HARRISON. By the President:

REDFIELD PROCTOR, Secretary of War.

AMENDMENT OF CIVIL-SERVICE RULES.

MARCH 4, 1891. Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Department of Agriculture, in the office of the Secretary: Clerk to act as appointment clerk.

BENJ. HARRISON.

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