No. 96.

WASHINGTON, June 19, 1905.

The following Executive order is published for the information and guidance of all concerned:

THE WHITE HOUSE, June 12, 1905.

The Executive order, dated March 26, 1901, 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. 42, Headquarters of the Army. Adjutant General's Office, March 26, 1901, is amended so as to prescribe as follows:

ARTICLE I.

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.

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 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.

(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.

ARTICLE II.

Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:

Offenses.

Limits of punishment.

UNDER 17TH ARTICLE OF WAR.

Selling horse or arms, or both... Dishonorable discharge, forfeiture of

Selling accoutrements

all pay and allowances, and confinement at hard labor for three years. Four months' confinement at hard labor and forfeiture of $10 per month for the same period: for noncommissioned officer, reduction in addition thereto.

Offenses.

Limits of punishment.

UNDER 17TH ARTICLE OF WAR

Continued.

Selling clothing

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

Losing or spoiling horse or arms, Four months' confinement at hard labor through neglect.

Losing or spoiling accoutrements or clothing through neglect.

UNDER 20TH ARTICLE OF WAR. Behaving himself with disrespect to his commanding officer.,

UNDER 24TH ARTICLE OF WAR.
Refusal to obey or using violence
to officer or noncommissioned
officer while quelling quarrels
or disorders.

UNDER 32D ARTICLE OF WAR.
Absence without leave*-

One hour or less.

For more than one to six hours, inclusive.

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

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, with forfeiture of all pay and allowances and confinement at hard labor for two years.

Forfeiture of $1; corporal. 2: sergeant,
$3: 1st sergeant or noncommissioned
officer of higher grade, $4.
Forfeiture of 2: corporal. 3: sergeant,
$4: 1st sergeant or noncommissioned
officer of higher grade, $5.

For more than six to twelve Forfeiture of 3; corporal. 4: sergeant. hours, inclusive.

For more than twelve to twenty-four hours, inclusive.

For more than twenty-four to forty-eight hours, inclusive.

For more than two to ten days, inclusive.

For more than ten to thirty days, inclusive.

For more than thirty to ninety days, inclusive.

$6: 1st sergeant or noncommissioned officer of higher grade, $7. Forfeiture of $5; corporal. $6: sergeant. $7: 1st sergeant or noncommissioned officer of higher grade. $10. Forfeiture of $5 and five days' confinement at hard labor. For corporal, forfeiture of 88: sergeant. $10; ist 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.

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

*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 as reward for the apprehension and delivery of the accused to the military authorities.

Offenses.

UNDER 32D ARTICLE OF WAR-

Continued.

Limits of punishment.

For more than ninety days... Dishonorable discharge and forfeiture of all pay and allowances and nine months' confinement at hard labor.

UNDER 60TH ARTICLE OF WAR. Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

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