Executive Order

In accordance with an act of Congress approved September 27, 1890, the following limits to the punishment of enlisted men, together with the accompanying regulations, are established for the government in time of peace of all courts-martial, and will take effect thirty days after the date of this order: 1. Subject to the modifications authorized in subdivision 3 of this section, the punishment for desertion shall not exceed the following: 1. In the case of a soldier who surrenders-- (a) When such surrender is made within thirty days after desertion, confinement at hard labor, with forfeiture of pay and allowances, for three months. (b) When such surrender is made after an absence of more than thirty days and not more than ninety days, confinement at hard labor, with forfeiture of pay and allowances, for six months. (c) When such surrender is made after an absence of more than ninety days, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months: Provided, That in the case of a deserter who had not been more than three months in the service the confinement shall not exceed ten months. 2. In the case of a soldier who does not surrender-- (a) When at the time of desertion he shall have been less than three months in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for one year. (b) When at the time of desertion he shall have been three months or more, but less than six months, in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months. (c) When at the time of desertion he shall have been six months or more in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for two years and six months. 3. The foregoing limitations will be subject to modification 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, and also by dishonorable discharge and forfeiture of all pay and allowances when not already authorized. (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. II. Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table: Offenses. Limit of Punishment. Under seventeenth article of war. Selling horse or arms, either or Three years' confinement at hard labor; for both noncommissioned officer, reduction in addition thereto.* Selling Four months' confinement at hard labor; for accounterments noncommissioned officer, reduction in addition thereto.* Selling Two months' confinement at hard labor; for clothing noncommissioned officer, reduction in addition thereto.* Losing or spoiling horse or arms through neglect. Four months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.* Losing or spoiling accounterments or clothing through One months' confinement at hard labor; for neglect. noncommissioned officer, reduction in addition thereto.* Under twentieth article of war. Behaving himself with disrespect toward his Six months' confinement at hard labor and forfeiture of commanding officer. $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Under twenty-fourth article of war. Refusal to obey or using violence to officer or Dishonorable discharge, with forfeiture of all pay and noncommissioned officer while quelling quarrels or allowances, and imprisonment for two years. disorders. Under thirty-first article of war. Lying out of quarters Forfeiture of $2; corporal, $3; sergeant, $4. Under thirty -second article of war. Absence without leave - Less than 1 hour (not including absence from a Forfeiture of 50 cents; corporal, $1; sergeant, $2. roll call). Less than 1 hour (including absence from a roll Forfeiture of $1; corporal, $2; sergeant, $3; first or noncommissioned officer of higher grade, $4. sergeant call). From 1 to 6 Forfeiture of $2; corporal, $3; sergeant, $4; first corporal hours or noncommissioned officer of higher grade, $5. From 6 to 12 Forefeiture of $3; corporal, $4; sergeant, $6; first hours sergeant or noncommissioned officer of higher grade, $7. From 12 to 24 Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant hours 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 requirement 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. Offenses. Limit of punishment. 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 corporal, 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 officer, reduction in addition thereto. From 10 to 29 days Forfeiture of $20 and 1 months' confinement at hard labor; for noncommissioned officer, 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 noncommissioned officer, reduction in addition thereto. For more than 90 days Dishonorable discharge and forfeiture of all pay and allowances and 3 months' confinement at hard labor. Under thirty-third article of war. Failure to repair at the time fixed, etc.,to the place of parade for- Reveille or retreat roll call Forfeiture of 50 cents; corporal, $1; sergeant, $2; first sergeant, $3. Guard detail Forfeiture of $5; corporal, $8; sergeant, $10. Fatigue detail Dress Parade The weekly inspection Target practice Forfeiture of $2; corporal, $3; sergeant, $5. Dril 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, reduction in addition thereto. Duty as company cook Forfeiture of $10. Extra or special duty At dril At target practice At parade Forfeiture of $6; for noncommissioned officer, reduction At inspection and forfeiture of $10. At inspection of company guard detail At stable duty Under fortieth article of war. Quitting guard Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Under fifty-first article of war. Persuading soldier to desert Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Under sixtieth article of war Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment, Under sixty-second article of war. Manslaughter Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment. Offenses. Limit of punishment. Under sixty-second article of war - continued. Assault with intent to kill Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment. Burglary Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' imprisonment. Forgery Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. Perjury Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. False swearing Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment. Robbery Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' imprisonment. Larceny or embezzlement of property of the value of - * More than $100 Dishonoralbe discharge, forfeiture of all pay and allowances, and 4 years' imprisonment. $100 or less and more than $50 Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' imprisonment. $50 or less and more than $20 Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment. $20 or less Dishonorable discharge, forfeiture of all pay and allowances, and 1 years' imprisonment. Disobedience of orders, involving willful defiance of the Six months' confinement at hard labor and forfeiture of $10 authority of a noncommissionedofficer in charge per month for the same period; for noncommissioned of a guard or party. officer, reduction in addition thereto. Using threatning or insulting language or behaving in One months' confinement at hard labor and forfeiture of an insubordinate manner to a noncommissioned $10; for noncommissioned officer, reduction in officer while in the execution of his office. addition thereto. 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 hospital cook Forfeiture of $10. Introducing liquor into post or camp in violation Forfeiture of $3; for noncommissioned officer, reduction of standing orders. and forfeiture of $5. Drunkenness at post or in quarters Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5. Drunkenness and disorderly conduct, causing the Forfeiture of $10 and 7 days' confinement at hard labor; for offender's arrest and conviction by civil noncommissioned officer, reduction and forfeiture of $12. authorities at a place within 10 miles of his station. Noisy or disorderly conduct in quarters. Forfeiture of $4; corporal, $7; sergeant, $10. Abuse by noncommissioned officer of his authority Reduction, 3 months' confinement at hard labor, and over an inferior. forfeiture of $10 per month for the same period. Noncommissioned officer encouraging gambling. Reduction, and forfeiture of $5. Noncommissioned officer making false report. Reduction, forfeiture of $8, and 10 days' confinement at hard labor. Sentinel allowing a prisoner under his charge to Six months' confinement at hard labor and forfeture of $10 escape through neglect. per month for the same period. * In specifications to charges of larceny or embezzlement the value of the property shall be stated. Offenses Limit of punishment. Under sixty-second article of war - continued. Sentinel willfully suffering prisoner under his charge Dishonorable discharge, forfeiture of all pay and to escape. allowances, and 1 year's imprisonment. Sentinel allowing a prisoner under his charge to Two months' confinement at hard labor and forfeiture of obtain liquor. $10 per month for the same period. Sentinel of member of guard drinking liquor with Two months' confinement at hard labor and forfeiture of prisoners. $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, reduction in addition thereto. Resisting or disobeying sentinel in lawful execution Six months' confinement at hard labor and forfeiture of $10 of his duty. per month for the same period; for noncommissioned officer, reduction in addition thereto. Lewd or indecent exposure of person. Three months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. 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 eighty-third 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 court-martial; 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, Adjutant-General's Office, are modified accordingly. BENJ. HARRISON By the President: REDFIELD PROCTOR, Secretary of War.