891. In cases of extreme urgency, and when the public interest would be liable to suffer by delay, post commanders may authorize immediate departure in obedience to the summons. In such cases, special reports will be made of the facts and reasons to the Department Commander for his approval of the action taken. A post commander who may be summoned will be governed by the preceding paragraph.-G. O. 97, 1866.] 892. Judge Advocates of Courts-Martial are strictly enjoined to send subpœnas, whenever it is possible, through the regular military channels.-[G. O. 97, 1866.] 893. Judge Advocates of Military Courts, in issuing process under section 1202, Revised Statutes, to compel the attendance as witnesses of persons not in the military service, will formally direct the same to some officer designated by the Department Commander as available for the service. The nearest military commander will thereupon furnish the necessary military force for the execution of the process whenever such force shall be actually required. The preliminary summons or subpœna may be served upon a witness by any person whatsoever.-[G. O. 93, 1868.] 894. Cases of habitual drunkenness and utter worthlessness, which have not already been made the occasion of a trial by Court-Martial, may be tried under the charge of “conduct to the prejudice of good order and military discipline," with separate specifications for each one of the acts of drunkenness.-[G. O. 11, 1873.] 895. Civil employés of the War Department serving with, or other persons properly attached to an army in the field in time of war, may be understood as agreeing that they will submit themselves for the time being to military control. Accordingly, under the 63d Article of War, such persons are within military jurisdiction, as provided for in said article, when their treachery, defection, or insubordination might endanger or embarrass the army to which they belong in its operations against what is known in military phrase as "an enemy." To enable the officers of an army to preserve good order and discipline is the object of this article, and these may be as necessary in the face of hostile savages as in front of any other enemy. When an army is engaged in offensive or defensive operations against a public enemy, it may be said to be in the field." The fact that troops are operating in a region of country chiefly inhabited by hostile Indians, and remote from the exercise of civil authority, may enter into the description of "an army in the field." Under other circumstances, these civil employés do not belong to the military establishment in a sense making them amenable to trial by Court-Martial.—[Ops. Att. Gen., in G. O. 17, 1872, and in G. 0.25, 1878.] 896. The legal punishment for soldiers by sentence of Court-Martial, according to the offense and the jurisdiction of the Court, under the law, are-death; confinement; confinement on bread and water diet; solitary confinement; hard labor; ball and chain; forfeiture of pay and allowances; discharges from service, and reprimands; and, for non-commissioned officers, reduction to the ranks.-[Regs. 1863, ¶ 895; G. O. 79, 1867.] 897. The idea of punishment or degradation shall not be associated with the honorable and important duty of guards by imposing sentences of extra tours of guard duty.-[G. Ö. 3, 1864.] 898. Solitary confinement, or confinement on bread and water, shall not exceed fourteen days at a time, with intervals between the periods of such confinement not less than such periods, and not exceeding eighty-four days in any one year--[ Regs. 1863, 895.] 899. When the sentence of a Court-Martial is imprisonment, the Court will indicate whether the prisoner shall be confined in a penitentiary or a military prison, according to law and the nature of the offense.-[A. G. O., Jnly 12, 1876.] 900. When the Court has sentenced a prisoner to a military prison for any offense, no power is competent to increase the punishment by designating a penitentiary as the place of confinement. In order to keep men who are confined for purely military offenses apart from the moral influence of such as are convicted of penal offenses, it is desirable that Courts-Martial should designate confinement in a penitentiary instead of a military prison, when it can be done legally under the 97th Article of War.-[ War Dept., July 12, 1876, and Sept. 12, 1878.] 901. The sentence of a Court-Martial involving confinement for a definite period of time shall be considered as beginning from the date of the promulgation of the sentence in Orders, if the person sentenced is in custody at that time, unless the time of its commencement is otherwise expressly fixed by the sentence of the Court or in the Order promulgating the proceedings.-G. O. 21, 1870.] 902. When soldiers under sentence, or awaiting sentence, commit other offenses for which they are tried and sentenced, the second or cumulative sentence may be exeented upon the expiration of the first, whether the Court or reviewing authority so specify or not.-[Sec. War, Dec. 10, 1879.] 903. A sentence to confinment, with or without forfeiture of pay, cannot, in terms, be made to commence at a date prior to the confirmation of the proceedings of the Court. If it is proper to take into consideration the length of confinement to which the prisoner has been subjected previous to such confirmation, it may be done by the mitigation of the sentence, so that its term from the date of approval shall not extend 89412 1.0.4486 beyond the period contemplated by the court or by the reviewing officer.-[G. O. 105, 174.] 904. A sentence by Court-Martial adjudging a dishonorable discharge to take effect at such period during a term of confinement as shall be designated by the reviewing officer, would be contrary to law, as being a delegation of a portion of the judicial power to determine the measure of punishment.-[G. O. 90, 1872.] 905. When the period at which a dishonorable discharge is to take effect has been fixed by the sentence, it cannot be postponed by the reviewing officer. If the dishonorable discharge is to be given at the end of a period of confinement by the terms of the sentence, a discharge before the expiration of such period will operate as a remission of the remainder of the sentence.-[G. O. 71, 1875.] 906. When a sentence imposes forfeiture of the monthly pay, or of a stated portion of the monthly pay, for a certain number of months, the force of the sentence is to stop for each month the amount stated. Thus, ten dollars of monthly pay for one year would be a stoppage of one hundred and twenty dollars.-[G. O. 121, 1874.] 907. When the sentence is silent as to the date of commencement of the forfeiture of pay, it will begin with the date of promulgation of the sentence in Orders, and will not apply to pay accrued previous to that date. This will hold good whether the sentence imposes a forfeiture of a specified sum or one of a certain amount per month.— [G. O. 53, 1878.] 908. Where the same time is covered by two or more forfeitures, they must, as to such time, apply together, until all are satisfied. The rate of forfeiture for a given time will then be the aggregate of the rates of the several forfeitures applicable thereto, whether the actual rate of pay for the time be greater or less.-[G. O. 53, 1878. ] 909. A Court-Martial cannot assign and make over the pay of a soldier to any other person, and the receipt of such person will not be a sufficient voucher for the disbursing officer. Nor can a soldier be required to receipt for money paid without his consent to another person.-[G. O. 2, 1857.] 4.0.2/85 910. Under the 97th Article of War, soldiers may, for certain offenses not strictly military, be sentenced by General Courts-Martial to confinement in a penitentiary. If any State within a Military Department has made provision by law for confinement in its penitentiaries of prisoners under sentence by Courts-Martial, the Department Commander may designate one of them as the place for the execution of the sentence to penitentiary confinement. Where no such provision has been made by a State within the Department, the record will be forwarded to the Secretary of War for the designation of some prison with which a contract has been made by the War Department.-[G. O. 90, 1868.] 911. The authority which has designated the place of confinement, or higher authority, can change the place of confinement, except in case of prisoners confined in the Leavenworth Military Prison, who are subject only to the orders of the Secretary of War.-[G. O. 90, 1868; Sec. War, April 3, 1876.] 912. The above regulations apply also to prisoners sentenced by Military Commissions, so long as the law under which the Military Commission acts is in force; but when that law ceases to be operative, the President alone can change the place of confinement, or mitigate or remit the sentence of a Military Commission.-[G. O. 90, 1868; R. S., 66 1199, 1343.] 913. Ordnance Sergeants, Commissary Sergeants, and Hospital Stewards, though liable to discharge, may not be reduced. Nor are they to be tried by Regimental or Garrison Courts-Martial, unless by special permission of the Department Commander.[Regs. 1863, ¶ 895; G. Ó. 38, 1873.] 914. Every Court-Martial shall keep a complete and accurate record of its proceedings, to be authenticated by the signatures of the President and Judge Advocate, who shall also certify, in like manner, the sentence pronounced by the Court in each case. The record must show that the Court was organized as the law requires; that the Court and Judge Advocate were duly sworn in the presence of the prisoner; that he was previously asked whether he had any objection to any member, and his answer thereto. A copy of the order appointing the Court will be entered on the record in each case.— [Regs. 1863, ¶ 891.] 915. The record shall be clearly and legibly written, as far as practicable, without erasures or interlineations. The pages will be numbered, with a margin of one inch on the left side of each page, and at the top of the odd and bottom of the even pages; through this last margin the sheets are to be stitched together; the documents accompanying the proceedings will be noted and marked in such manner as to afford an easy reference.-[Regs. 1863, ¶ 893.] 916. No recommendation will be embraced in the body of the sentence. Those members only who concur in the recommendation will sign it.-[Regs. 1863, ¶ 894.] 917. The record of the proceedings of a Court-Martial will be indorsed on the first fold, by the Judge Advocate or Recorder of the Court, with the name of the place where the Court is held; the date when the proceedings were signed; the designation of order convening the Court; the names of the presiding officer, the Judge Advocate, and of the prisoner tried. 918. The Judge Advocate shall transmit the proceedings, without delay, to the officer having authority to confirm the sentence, who shall state, at the end of the proceedings in each case, his decision and orders thereon.-[ Regs. 1863, ¶ 896.] 919. Proceedings of General Courts-Martial will be transmitted by the commander who appoints the Court, or by the Judge Advocate of a Court appointed by the President of the United States, directly to the Judge Advocate General.-[G. O. 72, 1873; G. O. 39, 1877.] 920. When a Military Court adjourns for three days or more, the members belonging to the command where it assembles, or to adjacent posts (to which, with the sanction of the Department Commander, they return on the daily adjournments), will be liable to duty with their respective commands during the time of such adjournment, and the adjournment shall be reported by the Judge Advocate or Recorder to the commanders concerned. When the Court adjourns for less than three days, its members will ordinarily be exempt from other duty during that time. This paragraph will be regarded as directory only, and may be modified by Department Commanders, according to the exigencies of the service.-[Regs. 1863, ¶ 901; G. O. 50, 1874.] 921. When a Court-Martial or Court of Inquiry adjourns without day, the members will return to their posts and duties, unless otherwise ordered.-[Regs. 1863, ¶ 900.] 922. When General Courts-Martial try cases requiring the decision of the President of the United States, they should not be dissolved until his action is promulgated; but upon the completion of the trial the members should be ordered to resume their respective duties.—[A. G. O., Oct. 5, 1868.] 923. When a Court-Martial appears to have erred in any respect, the reviewing authority may reconvene the Court for a reconsideration of its action, with suggestions for its guidance. The Court may thereupon, should it concur in the views submitted, proceed to remedy the errors pointed out, and may modify or completely change its findings. The object of reconvening the Court in such a case is to afford it an opportunity to reconsider the record, for the purpose of correcting or modifying any conclusions thereon, and, also, to make any amendments of the record necessary to perfect it. Anything like a reopening of the case, by calling new witnesses, or recalling those already examined, is wholly foreign to the proceeding.-[G. O. 82, 1872; G. O. 47, 1879.] 924. The power to pardon or mitigate the punishment ordered by a Court-Martial is vested in the authority confirming the proceedings (except in case of prisoners confined in the Leavenworth Military Prison), and in the President of the United States.[Regs. 1863, ¶ 899; G. O. 72, 1873.] 925. An abatement of five days upon each month of consecutive good conduct may be allowed to military prisoners upon each sentence to confinement for over six months. For the Leavenworth Military Prison, the orders will be issued by the Commander of the Military Department of the Missouri. All other orders for pardon, mitigation, or discharge of prisoners confined in the Leavenworth Military Prison must emanate from the War Department.-[R. S., § 1352; G. O. 64, 1875; Sec. War, April 3, 1876.] 926. An order remitting forfeiture of pay operates only as to time subsequent to its date. The forfeiture continues operative for the time between date of promulgation of sentence and date of order of remission, and at the rate fixed in the sentence if the forfeiture be one of a certain amount per month; or, if it be of a specified sum, at the rate of the soldier's current pay, less deduction for Soldiers' Home. To this extent a remitted forfeiture must stand as a charge against the soldier's pay until satisfied.— [G. O. 53, 1878.] 2 32 4.0.89 183 4.0.37.86 4.0.57/5 927. In case of a sentence contemplating payment of a stated sum to a soldier upon his release from confinement, such payment will be made only when there is a sufficient balance to his credit after deducting all authorized stoppages.-[G. O. 53, 1878.] 928. Company commanders should be careful in noting sentences upon muster-rolls to give all of the data affecting pay, including the dates of the several orders of sentence and remission. Where one or more payments have been made to the soldier for time subsequent to date of an order of sentence, the muster-roll should be made to show the amount that has been deducted on account of the forfeiture. The data required by this regulation should continue to be borne on successive muster-rolls until the entire amount of the forfeiture for the time between dates of orders of sentence and remission shall have been deducted.-[G. O. 53, 1878.] 929. Whenever prisoners are sent to the Leavenworth Military Prison to serve out their sentences, the order promulgating the sentence, and the descriptive list (to which will be appended a statement of conduct) will be forwarded with them.-[G.`O. 64, 1875.] 930. When it is necessary to employ a clerk to aid the Judge Advocate, the Court may order it a soldier to be procured when practicable.-[Regs. 1863, ¶ 1138; Sec. War, 1870.] 931. The employment of a reporter, under section 1203, Revised Statutes, is only authorized for General Courts-Martial in cases where the authority convening the Court may consider such an officer necessary.-[G. O. 26, 1880.] 932. When reporters are employed under section 1203, Revised Statutes, they will be allowed not to exceed ten dollars a day, to cover the whole period of absence from their residence, traveling, or on duty. If the place of meeting of the Court_be changed, transportation in kind will be allowed. They will be paid by the Pay Department on the usual certificate of the Judge Advocate.-[G. O. 208, 1863.] 933. No person already under pay in Government employ, enlisted men included, can lawfully receive extra compensation as clerk for a Military Court.-[ Sec. War, May 29, 1874, and June 19, 1877; G. O. 95, 1876.] 934. Under the Rules and Articles of War, it is made the duty of commanding officers to see reparation made to the party or parties injured, from the pay of soldiers who are guilty of abuses or disorders committed against citizens. Upon proper representation by any citizen of wanton injury to his person or property, accompanied by satisfactory proof, the commanding officer of the troops will cause the damage to be assessed by a board of officers, the amounts stopped against the pay of the offenders, and reparation made to the injured party. This proceeding will be independent of any trial or sentence by Court-Martial for the criminal offense.-[G. O. 35, 1868; 4. G. O., Dec. 21, 1870.] ARTICLE LXIV. THE MILITARY PRISON. 935. The Department Commander stationed at Fort Leavenworth, Kans., is ex-officio Commandant of the prison. The other officers of the prison, detailed by the Secretary of War from the officers of the Army, are a Governor, an Adjutant, a Disbursing Officer, Commissary, Surgeon, and Chaplain. 936. Division and Department Commanders are authorized to designate the Leavenworth Military Prison as the place of confinement for all prisoners sentenced to be confined for one year or upwards, except such as are convicted of offenses which lawfully subject them to punishment in a State penitentiary.-[A. G. O., Aug. 22, 1876.] 937. Each Department Commander will designate some post as a depot at which prisoners sentenced to confinement in the Leavenworth Military Prison may be collected from the several posts in the Department.-[G.O. 33, 1877.] 938. Prisoners will only be forwarded from the depots to the Military Prison when parties of reasonable size shall have been collected, and then only on the order of the Department Commander, who shall also fix the strength of the guard to accompany each party, taking care that it is not unnecessarily large.-[G. O. 33, 1877; A. G. O., Aug. 22, 1876.] 39. Discharge papers, descriptive lists, orders promulgating or modifying sentences, and statements of conduct since under sentence will be forwarded to the com84mandant of the prison with each prisoner sent there for confinement.—[ G. O. 64, 1875 ; A. G. O., Aug. 22, 1876.] 940. Before sending convicts to the Military Prison, commanders of posts and depots will cause a medical inspection to be made of those whose physical or mental condition appears to be such as might be seriously affected by the confinement, or be in danger of ending in permanent disability which might cause them to be discharged before the expiration of their sentence. Special report will be made of cases found to be of this description, with a view to avoid unnecessary expense of transportation to the prison and maintenance thereat.-[A. G. O., May 24, 1877.] 941. The number of military convicts held in confinement at military posts after their dishonorable discharge from the Army by sentence of Courts-Martial will be reported in red ink on a separate line of the regular monthly post returns, but not included in the "total" of the garrison. They will also be accounted for by name, under a distinct head, in the same manner as required by existing regulations in the case of soldiers who are "casually at post." The corps, regiments, and companies to which the prisoners belonged at the date of their discharge; the number, date, and source of order promulgating sentence; the date of arrival at post, and all alterations and casualties will be accurately noted.-[G. O. 30, 1876.] 942. Examination will be made of each prisoner at the date of his discharge from the prison, and a record will be made of all marks, scars, and physical peculiarities. Descriptive lists of discharged prisoners bearing such record will be forwarded to the Superintendents of the recruiting service for use in the inspection of recruits at the depots.-[G. O. 25, Aug. 23, 1875, Dept. Mo.; A. G. O., Sept. 4, 1875.] 943. The Military Prison is governed by special regulations, modified from time to time as may be necessary. ARTICLE LXV. NATIONAL CEMETERIES. 944. The whole subject of National Cemeteries, and the records pertaining thereto, are in charge of the Quartermaster General.—[G. O. 68, 1876.] 945. The correspondence between the office of the Quartermaster General and the officers of the Army who are on duty in charge of National Cemeteries, and the correspondence and monthly reports of Superintendents, will pass through the regular military channels.-[G. O. 79, 1876.] 946. Military commanders will exercise the same supervision over National Military Cemeteries within the geographical limits of their commands as over other military posts or establishments under them, only excepting the Military Cemeteries in the District of Columbia and at Arlington and Alexandria, Virginia, which are attached to the Quartermaster's Principal Depot of Washington, D. C.-[G. O. 79, 1876.] 947. The civil engineers and agents specially employed by the Quartermaster General will continue to make their reports direct to the Quartermaster General.-[G. O. 79, 1876.] SUPERINTENDENTS. 948. The Superintendents of the National Cemeteries shall be selected from meritorious and trustworthy soldiers, either commissioned officers or enlisted men of the Volunteer or Regular Army, who have been honorably mustered out or discharged from the service of the United States, and who may have been disabled for active field service in the line of duty.-[R. S., § 4874.] 949. Applications for the appointment of Superintendent should be addressed to the Quartermaster General of the Army, and be accompanied by testimonials of responsible persons in support of the above requirements. They must be in the handwriting of the applicant, and must give his full name, length of service, the company and regiment he last served in, date and cause of his discharge, and his present place of residence.-[G. O. 37, 1877.] 950. No applications from enlisted men in the Army will be entertained, such men being ineligible under the law.-[G. O. 37, 1877.] 951. All applicants, before being appointed, will be examined by a Board of Officers to be convened, by orders from the Adjutant General's Office, in the Department where they may be residing or serving.-[G. O. 37, 1877.] 952. In view of the responsibility attached to the position of Superintendent, and his not being generally under the direct supervision of a superior officer, it is of great importance that none but men of excellent character should be appointed. Applicants for the position must therefore fulfill the following conditions: 1. They must have served in the Army of the United States, either Regular or Volunteer, and must have been disabled for active field service in the line of duty, but the degree of their present disability must not be such as to impair their efficiency in charge of cemeteries. 2. They must be of steady, sober, and correct habits. 3. They must have a fair degree of intelligence and education, and must be able to write legibly.-[G. O. 37, 1877.] 953. An applicant having passed a satisfactory examination will, if selected for appointment, be required to serve a probationary term of six months as an assistant at such cemetery as the Quartermaster General may designate before being definitely appointed; but he will not be placed in charge of a National Cemetery, temporarily |