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Offenses.

Limits of punishment.

UNDER 32D ARTICLE OF WAR-Cont'd.

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Manslaughter

Assault with intent to kill

Burglary

Forgery ...

Forfeiture of $6 and five days' confinement at hard labor. For corporal, forfeiture of 88; sergeant, $10: first-sergeant or noncommissioned officer of higher grade, $12; or, for all noncommissioned officers, reduction.

Forfeiture of $10 and ten days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. Forfeiture of $30 and one month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto. Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto.

Dishonorable discharge and forfeiture of all pay and allowances and six months'confinement at hard labor.

Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant, $4.

Forfeiture of $5; corporal, $88; sergeant, $10.

Forfeiture of $2; corporal, $3; sergeant, $5.

Six months' confinement at hard labor and forfeiture of $10
per month for the same period: for noncommissioned offi-
cer, reduction in addition thereto.
Forfeiture of $20.

Forfeiture of $12; for noncommissioned officer, reduction and forfeiture of $20.

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Dishonorable discharge, forfeiture of all pay and allowances,
and one year's confinement at hard labor.
Dishonorable discharge, forfeiture of all pay and allowances,
and four years' continement at hard labor.

Dishonorable discharge, forfeiture of all pay and allowances,
and ten years' confinement at hard labor.
Dishonorable discharge, forfeiture of all pay and allowances,
and ten years' confinement at hard labor.

Dishonorable discharge, forfeiture of all pay and allowances,
and five years' confinement at hard labor.

Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

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 apprehension and for transportation of himself and guard.

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Of the value of more than $100.... Dishonorable discharge, forfeiture of all pay and allowances

Of the value of $100 or less, and more than $50.

Of the value of $50 or less, and more than $20.

Of the value of $20 or less........

Fraudulent enlistment, procured by false representation or concealment of a fact in regard to a prior enlistment or discharge, or in regard to conviction of a civil or military crime.

Fraudulent enlistment, other cases of.. Disobedience of orders, involving willful defiance of the authority of a noncommissioned officer in the execution of his office.

Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer while in the execution of his office.

Absence from fatigue duty.... Absence from extra or special duty... Absence from duty as company, general mess, or hospital head cook. Introducing liquor into post, camp, or quarters in violation of standing orders.

Drunkenness at post or in quarters... Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within ten miles of his station.

Noisy or disorderly conduct in quar

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and four years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and three years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for six months. Six months' confinement at hard labor and forfeiture of $1a per month for the same period; for noncommissioned offieër, reduction in addition thereto.

One months' confinement at hard labor and forfeiture of $10. for noncommissioned officer, reduction in addition thereto

Forfeiture of $4; corporal, $5; sergeant, $6. Forfeiture of $4; corporal, $5; sergeant, $6. Forfeiture of $10.

Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.

Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.

Forfeiture of $10 and seven days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12.

Forfeiture of $4; corporal, $7; sergeant, $10.

Forfeiture of $7; for noncommissioned officer, reduction and forfeiture of $10.

Reduction, three months' confinement at hard labor, and forfeiture of $10 per month for the same period. Reduction and forfeiture of $5.

Reduction, forfeiture of $8, and ten days' confinement at hard labor.

Six months' confinement at hard labor and forfeiture of $10 per month for the same period.

Dishonorable discharge, forfeiture of all pay and allowances, and one years' confinement at hard labor.

Two months' confinement at hard labor and forfeiture of $10 per month for the same period.

Two months' confinement at hard labor and forfeiture of $te per month for the same period.

Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned of cer, reduction in addition thereto.

Six months' confinement at hard labor and forfeiture of $0 per month for the same period; for noncommissioned offi cer, reduction in addition thereto.

Three months' confinement at hard labor and forfeiture of $13 per month for the same period; for noncommissioned of cer, reduction in addition thereto.

One months' confinement at hard labor and forfeiture of $10, for noncommissioned officer, reduction in addition theret

a In specifications to charges of larceny or embezzlement the value of the property shall be stated.

ARTICLE III.

The introduction and use of evidence of previous convictions is subject to the following regulations:

1. Such evidence shall be limited to previous convictions by courtsmartial of an offense or offenses within one year preceding the arraignment and during the current enlistment. These convictions must be proved by the records of previous trials and convictions, or by duly authenticated copies of such records, or by duly authenticated copies of the orders promulgating such trials and convictions. Charges forwarded to the authority competent to order a general court-martial, or submitted to a summary, garrison, or regimental court-martial, must be accompanied by the proper evidence of previous convictions. 2. Whenever a soldier is convicted of an offense for which a discretionary punishment is authorized, the court will receive evidence of previous convictions, if there be any. General, regimental, and garrison courts-martial will, after a finding of guilty, be opened for the purpose of ascertaining whether there is such evidence and, if so, of receiving it.

3. Previous convictions in connection with inferior court offenses. When a soldier is convicted of an offense the punishment for which under Article II of this order or the custom of the service does not exceed one month's confinement at hard labor and forfeiture of one month's pay, the punishment so authorized may, upon proof of four or less previous convictions within the prescribed period, be increased one-half for each of such previous convictions; provided that upon proof of five or more such previous convictions, the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months.

4. Previous convictions in connection with general court-martial offenses. When the conviction is for an offense punishable under Article II of this order or the custom of the service with a greater punishment than one month's confinement at hard labor and forfeiture of one month's pay, such punishment, if it includes dishonorable discharge, shall not be increased by reason of previous convictions, but evidence thereof, whatever their number within the prescribed period, will be submitted to the court to aid it in determining upon the proper measure of punishment, subject to the limit already authorized.

If the authorized punishment under Article II of this order or the custom of the service exceeds one month's confinement at hard labor and forfeiture of one month's pay and does not include dishonorable discharge such punishment shall not be increased on account of previous convictions if less than five are considered, but if there be five or more, the court may adjudge dishonorable discharge and forfeiture of all pay and allowances with the authorized confinement, and when

this confinement is less than three months it may be increased to three months.'

5. On a conviction of desertion evidence of convictions of previous desertions may also be introduced, irrespective of the period which may have elapsed since such conviction or convictions.

6. When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, upon proof of one previous conviction within the prescribed period, be sentenced to reduction in addition to the punishment already authorized.

7. First-class privates may be reduced to second-class privates in all cases where for like offenses on the part of noncommissioned officers their reduction in grade is now authorized.

ARTICLE IV.

When a soldier shall, on one arraignment, be convicted of two or more offenses, none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which may exceed six months, dishonorable discharge with forfeiture of pay and allowances may be awarded in addition to the authorized confinement.

ARTICLE V.

2

If, in any case where the limit of punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for a stated number of months, dishonorable discharge be not adjudged, the limit of forfeiture shall be all pay due and to become due during the prescribed limit of confinement.

By the third subdivision of Article III of the Executive Order of March 30, 1898 (G. Ó. 16, A. G. O., 1898), it is provided that in consideration of previous convie tions the limit of punishment shall be "dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months." Such a sentence means, so far as the forfeiture is concerned, forfeiture of pay and allowances due at the date of the discharge. A court-martial when it has the power to award this sentence may award a lesser one, but in doing so can not award confinement and forfei ture greater in amount than confinement for three months and forfeiture of pay and allowances due, or its equivalent under the rule of substitution authorized in the order. (a) Dig. Opin. J. A. G., par. 1653.

The term "authorized confinement" as used in Article IV of General Order No. 16 of 1895 (now Article IV, General Order No. 16 of 1898), is not limited to the maximum authorized. Confinement for a period less than the maximum is also authorized confinement. The article means that when the maximum term may be more than six months, dishonorable discharge with forfeiture of pay and allowances may be awarded with whatever confinement, within the prescribed limit, the court may adjudge. Held also that such "authorized confinement" is limited to the specific confinement authorized by Article II, or if not provided for therein, by the custom of the service; that is to say, such confinement may not be increased by substitution of confinement for forfeiture, or on account of previous convictions, the same not being provided for by the terms of Article IV. Ibid., par. 1652.

(a) But see Article V, post.

ARTICLE VI.

This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should 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.

ARTICLE VII.

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, except when in particular cases restraint may be necessary.

ARTICLE VIII.

Substitutions for punishment named in Article II of this order are authorized at the discretion of the courts at the following rates:

Two days' confinement at hard labor for one dollar forfeiture; or the reverse; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for one dollar forfeiture; 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.1

ARTICLE IX.

Noncommissioned officers above the rank of corporal 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 court-martial; nor shall sergeants of the post noncommissioned staff or hospital stewards be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment.

By command of Lieutenant-General Miles:

WILLIAM MCKINLEY.

H. C. CORBIN,

Adjutant-General, Major-General U. S. Army.

The order prescribing maximum punishments also provides for certain substitutions of punishment. The purpose of these provisions is not only to determine the measure, but also the kind of punishment which should be considered authorized so far as the offenses specified in the order are concerned. Thus where the prescribed limit is forfeiture and confinement a reprimand in lieu thereof can not legally be adjudged. Dig. Opin. J. A. G., par. 1654.

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