Part 28

Burglary. Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' confinement at hard labor.

Forgery. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

Perjury. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

False swearing. Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor.

Robbery. Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' confinement at hard labor.

Larceny or embezzlement of property of the value of--[22]

More than $100. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

$100 or less and more than $50. Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' confinement at hard labor.

$50 or less and more than $20. Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor.

$20 or less. Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor.

Fraudulent enlistment procured Dishonorable discharge, forfeiture by false representation or of all pay and and allowances, and concealment of a fact in regard confinement at hard labor for 1 year. to a prior enlistment or discharge or in regard to conviction of a civil or military crime.

Fraudulent enlistment, other Dishonorable discharge, forfeiture cases of. of all pay and allowances, and confinement at hard labor for 6 months.

Disobedience of orders, involving Six months' confinement at hard labor willful defiance of the authority and forfeiture of $10 per month for of a noncommissioned officer in the same period; for noncommissioned the execution of his office. officer, reduction in addition thereto.

Using threatening or insulting One month's confinement at hard language or behaving in an labor and forfeiture of $10; for insubordinate manner to a noncommissioned officer, reduction noncommissioned officer while in addition thereto. in the execution of his office.

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 Forfeiture of $10. hospital cook.

Introducing liquor into post or Forfeiture of $3; for noncommissioned camp in violation of standing officer reduction and forfeiture orders. of $5.

Drunkenness at post or in quarters. Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.

Drunkenness and disorderly conduct Forfeiture of $10 and 7 days' causing the offender's arrest confinement at hard labor; and conviction by civil for noncommissioned officer, authorities at a place within reduction and forfeiture of $12. 10 miles of his station.

Noisy or disorderly conduct in Forfeiture of $4; corporal, $7; quarters. sergeant, $10.

Abuse by noncommissioned officer Reduction, 3 months' confinement at of his authority over an inferior. hard labor, and forfeiture of $10 per month for the same period.

Noncommissioned officer Reduction and forfeiture of $5. encouraging gambling.

Noncommissioned officer making Reduction, forfeiture of $8, and false report. 10 days' confinement at hard labor.

Sentinel allowing a prisoner Six months' confinement at hard labor under his charge to escape and forfeiture of $10 per month for through neglect. the same period.

Sentinel willfully suffering Dishonorable discharge, forfeiture prisoner under his charge of all pay and allowances, and to escape. 1 year's confinement at hard labor.

Sentinel allowing a prisoner Two months' confinement at hard labor under his charge to obtain and forfeiture of $10 per month for liquor. the same period.

Sentinel or member of guard Two months' confinement at hard labor drinking liquor with prisoners. and forfeiture of $10 per month for the same period.

Disrespect or affront to a Two months' confinement at hard labor sentinel. and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Resisting or disobeying sentinel Six months' confinement at hard labor in lawful execution of his duty. and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Lewd or indecent exposure of Three months' confinement at hard person. labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

ARTICLE III.

SECTION 1. When a soldier shall be convicted of an offense the punishment for which, as authorized by Article II of this order or the custom of the service, does not exceed that which an inferior court-martial may award, the punishment so authorized may be increased by one-half for every previous conviction of one or more offenses within eighteen months preceding the trial and during the current enlistment: _Provided_, That the increase of punishment for five or more previous convictions shall not exceed that thus authorized when there are four previous convictions, and that when one or more of such five or more previous convictions shall have been by general court-martial or when such convictions shall have occurred within one year preceding the trial the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months.

When the conviction is of an offense punishable under Article II of this order or the custom of the service with a greater punishment than an inferior court-martial can award, but not punishable with dishonorable discharge, the sentence may on proof of five or more previous convictions within eighteen months and during the current enlistment impose dishonorable discharge and forfeiture of all pay and allowances in addition to the authorized confinement, and when this confinement is less than three months it may be increased to three months.

When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, if he shall have been convicted of a military offense within a year and during the current enlistment, be sentenced to reduction in addition to the punishment already authorized.

SEC. 2. In every case when an offense on trial before a court-martial is of a character admitting of the introduction of evidence of previous convictions and the accused is convicted the court, after determining its findings, will be opened for the purpose of ascertaining whether there is such evidence, and, if so, of hearing it. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, except in the cases of conviction 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.

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.

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 VI.

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, except when in particular cases restraint may be necessary.

ARTICLE VII.

The following substitutions for punishments named in Article II of this order are authorized at the discretion of the court:

Two days' confinement at hard labor for $1 forfeiture; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 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. Whenever 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 article, the said courts have jurisdiction of such offense or offenses.

ARTICLE VIII.

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.

GROVER CLEVELAND.

[Footnote 19: See pp. 167-172.]

[Footnote 20: 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.]

[Footnote 21: Including first and excluding last.]

[Footnote 22: In specifications to charges of larceny or embezzlement the value of the property shall be stated.]

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _April 15, 1895_.

Whereas on November 2, 1894, Departmental Rule II, section 4, Customs Rule II, section 6, Postal Rule II, section 6, Railway Mail Rule II, section 6, were amended to declare that no person appointed to a place under any exception to examination should be transferred from such place to another place not also excepted from examination; and

Whereas it was not my intention that these several amendments should be retroactive in their effect:

I therefore direct that the word "hereafter" be inserted after the word "person" in the first line of each of said sections as of the date of said amendments, viz, November 2, 1894.

Approved: GROVER CLEVELAND.

CIVIL SERVICE.--INTERNAL-REVENUE RULES.

ADOPTING AND PROMULGATING ORDER.

MAY 7, 1895.

In the exercise of the power vested in him by the Constitution, by the seventeen hundred and fifty-third section of the Revised Statutes, and the act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883, the President hereby makes and promulgates the following rules concerning the classified internal-revenue service, to be known as the Internal-Revenue Rules:

INTERNAL-REVENUE RULE I.

The classified internal-revenue service shall include all the clerks, storekeepers, storekeepers and gaugers, and gaugers classified under the provisions of section 6 of the act to regulate and improve the civil service of the United States, approved January 16, 1883.

INTERNAL-REVENUE RULE II.

1. To test fitness for admission to the classified internal-revenue service, examinations of a practical character shall be provided on such subjects as the Commission may direct.

2. The following age limitations shall apply to applicants for the classified internal-revenue service: For clerk, not under 18 years of age; for storekeepers, storekeepers and gaugers, and for gaugers, not under 21 years of age.

3. Blank forms of application shall be furnished by the secretaries of the several internal-revenue boards of examiners to any person desiring to be examined who applies therefor in person or by letter in his own handwriting.

4. The date of reception of each application and also of its approval by the board shall be noted on the application paper.

5. Exceptions from examination in the classified internal-revenue service are hereby made as follows:

6. No person appointed to a place excepted from examination by any internal-revenue rule shall be transferred from such place to another place not also excepted from examination.

INTERNAL-REVENUE RULE III.

1. The Commission shall appoint in each classified internal-revenue district a board of examiners, which shall--

(_a_) Conduct all examinations for admission to or promotion in the classified service of the internal-revenue district in which the board is located.

(_b_) Conduct such other examinations as the Commission may direct.

(_c_) Mark the papers of such examinations as the Commission may direct.

2. The papers of every examination shall be marked under the direction of the Commission, and each competitor shall be graded on a scale of 100, according to general average determined by the marks of the examiners.

3. Immediately after the general average shall have been ascertained each competitor shall be notified that he has passed or has failed to pass.

4. No competitor who has failed to pass an examination and no eligible during the period of his eligibility shall be allowed reexamination unless he shall furnish satisfactory evidence to the Commission that at the time of his examination he was, because of illness or other good cause, incapable of doing himself justice; and his rating on such reexamination, if an eligible, shall cancel and be a substitute for his rating on his previous examination.

5. All competitors whose claim to preference under section 1754, Revised Statutes, has been allowed by the Commission who attain a general average of 65 per cent or over, and all other competitors who attain a general average of 70 per cent or over, shall be eligible for appointment to the place for which they were examined, and the names of all the eligibles shall be entered in the order of grade on the proper register of eligibles.

6. When two or more eligibles are of the same grade, preference in certification shall be determined by the order in which their application papers were filed.

7. The period of eligibility shall be one year from the date on which the name of the eligible is entered on the register.

INTERNAL-REVENUE RULE IV.

1. All vacancies, unless filled by promotion, reduction, transfer, or reappointment, shall be filled in the following manner:

(_a_) When a vacancy occurs in any district, the collector thereof shall report the fact to the Commissioner of Internal Revenue, stating the class in which the vacancy occurs and whether in his judgment the place should be filled. If the Commissioner decides that the good of the public service requires that it be filled, he shall request the secretary of the board of examiners of that district to certify to him the names of persons eligible to the vacant place.

(_b_) If fitness for the vacant place is tested by competitive examination, the names of the three eligibles highest in grade on the proper register who have not been three times certified shall be certified; but if the request indicates the sex of the eligibles desired the three highest in grade of that sex shall be certified: _Provided_, That the eligibles upon any register who have been allowed preference under section 1754 of the Revised Statutes shall be certified, according to their grade, before all other eligibles thereon: _Provided further_, That no certification for an appointment shall be made under this clause while there are persons in the district in which any vacancy may exist, who have been removed from the service in that district on account of a reduction of the force or otherwise, who are eligible for reinstatement under Internal-Revenue Rule VII, and who are willing to reenter the service by reinstatement. Every collector of internal revenue shall keep a list of all such persons in his office, and said persons shall have preference for reinstatement to the service in the order of their separation therefrom.

(_c_) No eligible shall be certified more than three times.

2. Of the three names certified to him the Commissioner of Internal Revenue shall select one, and may select more than one if more than one vacancy exists at the time the certification is made. If the vacancy is in the class of clerk, the Commissioner shall certify the name of the person selected by him to the collector of the district in which the vacancy occurs and the collector shall make the appointment. If the vacancy is in the storekeepers', gaugers', or storekeepers and gaugers' class, the Commissioner of Internal Revenue shall certify the name to the Secretary of the Treasury with his recommendation that the person whose name is thus certified be appointed: _Provided_, That if any objection is made under section 3 of General Rule IV to any eligible certified, and is sustained by the Commission, another eligible shall be certified in the place of the one objected to.

3. Each person thus selected for appointment shall be notified, and upon indicating his acceptance shall be appointed for a probationary period of six months, at the end of which period, if his conduct and capacity be satisfactory to the appointing officer, he shall receive absolute appointment; but if his conduct and capacity be not satisfactory to said officer he shall be so notified, and this notification shall be his discharge from the service: _Provided_, That any probationer may be discharged during probation for misconduct or evident unfitness or incapacity.

4. The Commissioner of Internal Revenue shall require the collector under whom a probationer is serving to carefully observe and report in writing upon the services rendered by and the character and qualifications of such probationer as to punctuality, industry, habits, ability, and adaptability. These reports shall be preserved on file in the office of the collector, and copies thereof shall be filed with the Commissioner of Internal Revenue for such disposition as the Secretary of the Treasury may direct. The Civil Service Commission may prescribe the form and manner in which these reports shall be made.

5. In case of the occurrence of a vacancy in the classified service of any internal-revenue collection district which the public interest requires shall be immediately filled, and there is no eligible entitled to reinstatement under section 1, clause (_b_), of this rule or remaining on the proper register, such vacancy, if in the class of storekeeper, storekeeper and gauger, or clerk, may be filled without examination and certification by a temporary designation by the collector of the district of some suitable person to perform the duties of the position until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: _Provided_, That service under such temporary designation shall in no case continue longer than six months, and shall expire by limitation at the end of that time: _And provided further_, That no person shall serve more than six months in any one year under such temporary designation, the year limitation in regard to such designation to begin to run on the date thereof.

Every such temporary designation and also the discontinuance of the same shall at once be reported to the Commission.

INTERNAL-REVENUE RULE V.

Until promotion regulations shall have been applied to a classified internal-revenue collection district promotions therein may be made upon any test of fitness determined upon by the Commissioner of Internal Revenue, with the approval of the Commission: _Provided_, That no employee shall be promoted to any grade he could not enter by appointment under the minimum age limitation applied thereto by section 2 of Internal-Revenue Rule II.

INTERNAL-REVENUE RULE VI.

Transfers may be made as follows:

From one classified internal-revenue collection district to another, from any classified internal-revenue collection district to a bureau in the Treasury Department in which business relating to the internal revenue is transacted, and from such a bureau in the Treasury Department to such a district, upon the requisition of the Secretary of the Treasury and the certification of the Commission, the appointment upon such transfer to be made by the Secretary of the Treasury, upon the recommendation of the Commissioner of Internal Revenue, if the place to be filled by such transfer is that of storekeeper, storekeeper and gauger, or gauger: _Provided_, That no person shall be transferred as herein authorized who is not within the age limitations prescribed by the civil-service rules for the place to which he is to be transferred and who has not been absolutely appointed, or, if appointed without civil-service examination, who has not served six months continuously in the district or bureau from which he is to be transferred.

INTERNAL-REVENUE RULE VII.