this confinement is less than three months it may be increased to three months.1 5. On a conviction of desertion evidence of convictions of previous desertions may also be introduced, irrespective of the period which may have elapsed since such conviction or convictions. 6. When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, upon proof of one previous conviction within the prescribed period, be sentenced to reduction in addition to the punishment already authorized. 7. First-class privates may be reduced to second-class privates in all cases where for like offenses on the part of noncommissioned officers their reduction in grade is now authorized. 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. 2 If, in any case where the limit of punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for a stated number of months, dishonorable discharge be not adjudged, the limit of forfeiture shall be all pay due and to become due during the prescribed limit of confinement. By the third subdivision of Article III of the Executive Order of March 30, 1898 (G. Ó. 16, A. G. O., 1898), it is provided that in consideration of previous convictions the limit of punishment shall be "dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months." Such a sentence means, so far as the forfeiture is concerned, forfeiture of pay and allowances due at the date of the discharge. A court-martial when it has the power to award this sentence may award a lesser one, but in doing so can not award confinement and forieiture greater in amount than confinement for three months and forfeiture of pay and allowances due, or its equivalent under the rule of substitution authorized in the order. (a) Dig. Opin. J. A. G., par. 1653. 2The term "authorized confinement" as used in Article IV of General Order No. 16 of 1895 (now Article IV, General Order No. 16 of 1898), is not limited to the maximum authorized. Confinement for a period less than the maximum is also authorized confinement. The article means that when the maximum term may be more than six months, dishonorable discharge with forfeiture of pay and allowances may be awarded with whatever confinement, within the prescribed limit, the court may adjudge. Held also that such "authorized confinement" is limited to the specific confinement authorized by Article II, or if not provided for therein, by the custom of the service; that is to say, such confinement may not be increased by substitution of confinement for forfeiture, or on account of previous convictions, the same not being provided for by the terms of Article IV. Ibid., par. 1652. (a) But see Article V, post. ARTICLE VI. 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 VII. Summary courts are subject to the restrictions named in the Eightythird 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 VIII. Substitutions for punishment named in Article II of this order are authorized at the discretion of the courts at the following rates: Two days' confinement at hard labor for one dollar forfeiture; or the reverse; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for one dollar 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.1 ARTICLE IX. Noncommissioned officers above the rank of corporal shall not, if they object thercio, be brought to trial before regimental, garrison, or summary court-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. By command of Lieutenant-General Miles: WILLIAM MCKINLEY. H. C. CORBIN, Adjutant-General, Major-General U. S. Army. The order prescribing maximum punishments also provides for certain substitutions of punishment. The purpose of these provisions is not only to determine the measure, but also the kind of punishment which should be considered authorized so far as the offenses specified in the order are concerned. Thus where the prescribed limit is forfeiture and confinement a reprimand in lieu thereof can not legally be adjudged. Dig. Opin. J. A. G., par. 1654, 22924-08- -68 this confinement is less than three months it may be increased to three months.1 5. On a conviction of desertion evidence of convictions of previous desertions may also be introduced, irrespective of the period wo may have elapsed since such conviction or convictions. 6. When a noncommissioned officer is convicted of an offen❤ » 4 punishable with reduction, he may, upon proof of one previous on ɛviction within the prescribed period, be sentenced to reduction in addition to the punishment already authorized. 7. First-class privates may be reduced to second-class private- in a.” cases where for like offenses on the part of noncommissioned officers their reduction in grade is now authorized. ARTICLE IV. When a soldier shall, on one arraignment, be convicted of two more offenses, none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, ht the aggregate term of confinement for which may exceed six months. dishonorable discharge with forfeiture of pay and allowances may awarded in addition to the authorized confinement. ARTICLE V. If, in any case where the limit of punishment is dishonorable dis charge, forfeiture of all pay and allowances, and confinement at hart labor for a stated number of months, dishonorable discharge be ret adjudged, the limit of forfeiture shall be all pay due and to becora due during the prescribed limit of confinement. By the third subdivision of Article III of the Executive Order of March 30 (G. Ó. 16, A. G. O., 1898), it is provided that in consideration of previons ev tions the limit of punishment shall be "dishonorable discharge, forfeiture of a. and allowances, and confinement at hard labor for three months." Such a sent means, so far as the forfeiture is concerned, forfeiture of pay and allowances the date of the discharge. A court-martial when it has the power to award th tence may award a lesser one, but in doing so can not award confinement an i ture greater in amount than confinement for three months and forfeiture of pay allowances due, or its equivalent under the rule of substitution authorizesi order. (a) Dig. Opin. J. A. G., par. 1653. The term "authorized confinement" as used in Article IV of General Ord. 16 of 1895 (now Article IV, General Order No. 16 of 1898), is not limited to the r mum authorized. Confinement for a period less than the maximum is also ant ized confinement. The article means that when the maximum term may tw than six months, dishonorable discharge with forfeiture of pay and allowances be awarded with whatever confinement, within the prescribed limit, the cour adjudge. Held also that such "authorized confinement" is limited to the spe confinement authorized by Article II, or if not provided for therein, by the of the service; that is to say, such confinement may not be increased by subst of confinement for forfeiture, or on account of previous convictions, the same being provided for by the terms of Article IV. Ibid., par. 1652. (a) But see Article V, post. ARTICLE VI. This order prescribes the marimum 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 circumOffenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service. ARTICLE VII. Summary courts are subject to the restrictions named in the Eightythird 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 VIII. Substitutions for punishment named in Article II of this order are authorized at the discretion of the courts at the following rates: Two days' confinement at hard labor for one dollar forfeiture; or the reverse; one day's solitary confinement on bread and water diet for two days confinement at hard labor or for one dollar forfeiture; provided that a noncommissioned officer not sentenced to reduction shall not be subject to confinement; and provided that solitary coniaement 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.' ARTICLE IX. Noncommis o ed officers above the rank of corporal shall not, if they object thr, be brought to trial before regimental, garrison, or summary court 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. By command of Lieutenant-General Miles: WILLIAM MCKINLEY. H. C. CORBIN Adjutant-General, Major-Areneral U. S. Army. The order prescribing maximum poreshments also provides for certain substitutions of punishment The purpose if these provins is not only to deters ine the tease but also the kind of punishment which shoud be condered authorized so far as the offenses specified in the order are concerned Itam where the premrineİ puit is forfeiture and confinement a reprimand in hen thereof can not legal y be Lg Opin J. A tr, par. 1654, INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. GENERAL ORDERS, No. 100. WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, The following "Instructions for the government of armies of the United States in the field," prepared by Francis Lieber, LL. D., and revised by a board of officers, of which Maj. Gen. E. A. Hitchcock is president, having been approved by the President of the United States, he commands that they be published for the information of all concerned. By order of the Secretary of War: 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army, whether any proclamation declaring martial law or any public warning to the inhabitants has been issued or not. Martial law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its martial law. 2. Martial law does not cease during the hostile occupation, except by special proclamation ordered by the commander-in-chief, or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. 3. Martial law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration |