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.
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.
AMENDMENT OF CIVIL-SERVICE RULES.