GENERAL ORDERS,

No. 13.

WAR DEPARTMENT,

WASHINGTON, April 24, 1912.

Before a general court-martial which convened at Fort Sheridan, Ill., pursuant to Special Orders, No. 16, January 29, 1912, Central Division, and of which Col. HOEL S. BISHOP, Cavalry, was president, and First Lieut. CHARLES S. HOYT, Fifteenth Cavalry, judge advocate, was arraigned and tried

Second Lieut. Emmett W. Smith, Twenty-seventh Infantry. CHARGE I.-"Disobedience of orders, in violation of the 21st Article of War."

Specification.-"In that 2nd Lieutenant Emmett W. Smith, 27th Infantry, being on duty as officer of the guard and having been given a lawful command by his superior officer, Captain Arthur W. Brown, 27th Infantry, to inspect sentinels on post between 2:00 a. m. and 4:00 a. m., the said Captain Brown being in the proper execution of his duty, as officer of the day, did wilfully disobey said order. This at Fort Sheridan, Illinois, on or about January 19, 1912."

CHARGE II." Violation of the 33d Article of War."

Specification.-"In that 2nd Lieutenant Emmett W. Smith, 27th Infantry, having been duly detailed as officer of the guard, did fail to repair at the fixed time to the place of guard mounting appointed by his commanding officer. This at Fort Sheridan, Illinois, January 19, 1912."

CHARGE III.-Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

One specification.

CHARGE IV. Conduct to the prejudice of good order and military discipline."

One specification.

To all of which charges and specifications the accused pleaded "Not guilty."

FINDINGS.

Of the Specification, 1st Charge, "Guilty except the words 'a lawful command' and 'wilfully disobey said order' substituting therefor the words 'written instructions' and 'fail to obey said instructions,' of the excepted words 'Not guilty,' of the substituted words 'Guilty.""

Of the 1st Charge, "Not guilty of disobedience of orders, in violation of the 21st Article of War, but guilty of neglect of duty in violation of the 62nd Article of War."

2

Of the Specification, 2d Charge, and of the 2d Charge, "Guilty."

Of the Specification, 3d Charge, and of the 3d Charge, "Guilty."

Of the Specification, 4th Charge, and of the 4th Charge, “Not guilty."

SENTENCE.

"To be dismissed from the military service of the United States."

The sentence having been approved by the convening authority and the record of trial forwarded for the action of the President, under the 106th Article of War, the following are his orders thereon:

THE WHITE HOUSE, Washington, April 23, 1912.

In the foregoing case of Second Lieutenant Emmett W. Smith, 27th Infantry, the findings upon the third charge and specification are disapproved. The sentence is confirmed, but upon the recommendation of the Secretary of War is commuted to a loss of fifty (50) files on the lineal list of second lieutenants of Infantry.

GENERAL ORDERS.

No. 14.

WAR DEPARTMENT,

WASHINGTON, April 25, 1912.

1. The following laws and regulations governing the examination for promotion of officers of the permanent military establishment and for the reappointment and selection för promotion of officers of Philippine Scouts are published for the information and guidance of all concerned.

Officers examined before January 1, 1913, may take the examination herein prescribed or that prescribed in orders and regulations heretofore in force. On and after January 1. 1913, all officers will be examined under the provisions of this order, which will then rescind all other regulations and orders or parts of orders relating to such examinations.

The exemptions herein prescribed will become effective at once, and will apply to all examinations held under the provisions of this order or under the regulations heretofore in force.

LAWS.

(a) An Act To provide for the examination of certain officers of the Army and to regulate promotions therein.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter promotion to every grade in the Army below the rank of brigadier general, throughout each arm, corps, or department of the service, shall, subject to the examination hereinafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department: Provided, That in the line of the Army all officers now above the grade of second lieutenant shall, subject to such examination, be entitled to promotion in accordance with existing laws and regulations.

SEC. 2. That officers of grades in each arm of the service shall be assigned to regiments and transferred from one regiment to another as the interests of the service may require. by orders from the War Department, and hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commission in any particular regiment.

SEC. 3. That the President be, and he is hereby, authorized to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for 36742°-12--1

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promotion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service: Provided, That the President may waive the examination for promotion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory examination for such grade prior to the passage of this act: And provided, That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, shall receive the promotion: And provided, That should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his seniority entitled him to be promoted; But if he should fail for any other reason he shall be suspended from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged with one year's pay from the Army: And provided further, That the examination of officers appointed in the Army from civil life, or of officers who were officers of volunteers only, or were officers of the militia of the several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the War of the rebellion, shall be conducted by boards composed entirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination hereinbefore provided for, he shall be placed upon the retired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for.

Approved, October 1, 1890.

(b) An act Amending the act of October first, eighteen hundred and ninety, entitled "An act to provide for the examination of certain officers of the Army and to regulate promotion therein."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the act of October first, eighteen hundred and