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established by law for officers of that grade on the retired list. Sec. 33, ibid.
That all officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorally discharged from the service by resignation or otherwise, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service. Sec. 34, ibid.
That the Secretary of War be, and he is hereby, authorized and directed to cause preliminary examinations and surveys to be made for the purpose of selecting four sites with a view to the establishment of permanent camp grounds for instruction of troops of the Regular Army and National Guard, with estimates of the cost of the sites and their equipment with all modern appliances, and for this purpose is authorized to detail such officers of the Army as may be necessary to carry on the preliminary work; and the sum of ten thousand dollars is hereby appropriated for the necessary expense of such work, to be disbursed under the direction of the Secretary of War: Provided, That the Secretary of War shall report to Congress the result of such examination and surveys, and no contract for said sites shall be made nor any obligation incurred until Congress shall approve such selections and appropriate the money therefor. Sec. 35, ibid.
That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, or as troops or companies, as authorized by this act, for the Regular Army. The President is further authorized, in his discretion, to form companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and infantry arms. The total number of enlisted men in said native organizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand.
The majors to command the squadrons and battalions shall be selected by the President from captains of the line of the Regular Army, and while so serving they shall
have the rank, pay, and allowances of the grade of major. The captains of the troops or companies shall be selected by the President from first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned. The squadron and battalion staff officers, and first and second lieutenants of companies, may be selected from the noncommissioned officers or enlisted men of the Regular Army of not less than two years' service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, and officers of those grades shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent term unless the officer's conduct shall have been satisfactory in every respect. The pay and allowances of provisional officers of native organizations shall be those authorized for officers of like grades in the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army.
When, in the opinion of the President, natives of the Philippine Islands shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of correspanding grades of the Regular Army. Sec. 36, ibid.
That the President is authorized to organize and maintain one provisional regiment of not exceeding three battalions of infantry, for service in Porto Rico, the enlisted strength thereof to be composed of natives of that island as far as practicable. The regiment shall be organized as to numbers as authorized for infantry regiments of the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service expire by law July first, nineteen hundred and one. Enlistments for the Porto Rico regiment shall be made for periods of three years, unless sooner discharged. The regiment shall be continued in service until further directed by Congress. Sec. 37, ibid.
The sale of or dealing in beer, wine or any intoxicating liquors by any person in any post exchange or canteen or army transport or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to carry the provisions of this section into full force and effect. Sec. 38, ibid.
That nothing in this Act shall be held or construed so as to discharge any officer from the Regular Army or to deprive him of the commission which he now holds therein. Sec. 39, ibid. .
That the President be, and he is hereby, authorized to prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components whenever, in his opinion, economy and a due regard to the health and comfort of the troops may so require. Sec. 40, ibid.
That the distinctive badges adopted by military societies of men “who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines” may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. Sec. 41, ibid.
That all laws and parts of laws inconsistent with the provisions of this act be, and the same are hereby, repealed. Sec. 42, ibid.
MAXIMUM PUNISHMENT CODE.
HEADQUARTERS OF THE ARMY,
Washington, March 26, 1901. By direction of the Secretary of War, the following Executive order is published for the information and guidance of all concerned:
EXECUTIVE MANSION, March 12, 1901. • The Executive order, dated March 30, 1898, establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 16, 1898, Headquarters of the Army, is amended so as to prescribe as follows:
In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.
Subject to the modifications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows:
SECTION 1. In case of surrender
(a) When the deserter surrenders himself after an absence of not more than thirty days, one year.
(b) When the surrender is made after an absence of more than thirty days, eighteen months.
In a case where, because of previous convictions, the punishment may, under General Orders, No. 42, of 1901, be dishonorable discharge, the department commander may properly require the charges to be brought to trial before a general court-martial, notwithstanding that, if the alternative punishment of dishonorable discharge be not resorted to, the punishment would be within the power of an inferior court. Dig. Opin., J. A. G., par. 1647.
An offense covered by General Orders, No. 42, of 1901, is cognizable by inferior court-martial whenever the limit prescribed in the order may, by substitution of punishment under the provisions of the order, be brought within the punishing power of inferior courts as defined by the eighty-third Article of War. Ibid., par. 1648.
The term “day” or “ays," when used in General Orders, No. 42, of 1901, has reference to a day of twenty-four hours. Ibid., par. 1649.
A sentence of a summary court forfeited one month's pay in a case where, under General Orders, No. 42, of 1901, the maximum legal forfeiture was ten dollars. Held, that the sentence was void as to the forfeiture in excess of the limit, and unrised that the amount collected in excess of such limit be refunded to the soldier. Ibid., par. 1650.
It is now held by the War Department that when a sentence of confinement or forfeiture exceeds the prescribed limit, the part within the limit is legal and may be approved and carried into execution. (a) 'Ibid., par. 1651.
a See paragraph 2, Circ. 12, A, G, O., 1892.
SEC. 2. In case of apprehension
(a) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.
(b) When he shall have been more than six months in the service, two and one-half years.
SEC. 3. The foregoing limitations are subject to modifications under the following conditions:
(a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion.
(b) 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.
Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:
Limits of punishment.
UNDER 17TH ARTICLE OF WAR.
Selling horse or arms, or both.
Dishonorable discharge, forfeiture of all pay and allowance,
and confinement at hard labor for three year. Four months' confinement at hard labor and sorieiture of $19 per month for the same period; for noncommissioned offici
reduction in addition thereto. Two months' confinement at hard labor and forieiture of $10
per month for the same period; for noncommissioned off et. reduction in addition thereto. Four months' confinement at hard labor and forfeiture to per month for the same period; for noncommissioned offit.
reduction in addition thereto. Twenty days' confinement at hard labor and forfeiture
for noncommissioned officer, reduction in addition then
Behaving himself with disrespect to Six months' confinement at hard labor and forieiture of $10 his commanding officer,
per month for the same period: for noncommissioned office, reduction in addition thereto.
UNDER 24TH ARTICLE OF WAR. Refusal to obey or using violence to
Dishonorable discharge, with forfeiture of all pay and allow
officer or noncommissioned officer while quelling quarrels or disorders.
ances, and confinement at hard labor for two years
UNDER 32D ARTICLE OF WAR.
Absence without leave (a)-
Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or
noncommissioned officer of higher grade, $4. For more than one to six hours, Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or inclusive.
noncommissioned officer of higher grade, $5. For more than six to twelve Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or hours, inclusive.
noncommissioned officer of higher grade, $7. For more than twelve to twenty- Forfeiture of $5; corporal, $6; sergeant, $i; first sergeant or four hours, inclusive.
noncommissioned officer of higher grade, $10. a Upon trial for desertion and conviction of absence without leave only, the court may, in addition to the limit prescribed for such absence, award a stoppage of the amount paid for apprehenson and for transportation of himself and guard.