Chapter XVIII: 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.

Upon the requisition of the Commissioner of Internal Revenue the
secretary of the board of examiners for his district shall certify for
reinstatement in a grade requiring no higher examination than the one
in which he was formerly employed any person who within one year next
preceding the date of the requisition has through no delinquency or
misconduct been separated from the classified service of said district:
_Provided_, That certification may be made, subject to the other
conditions of this rule, for the reinstatement of any person who served
in the military or naval service of the United States in the late War
of the Rebellion and was honorably discharged therefrom, or the widow
of any such person, without regard to the length of time he or she has
been separated from the service.

INTERNAL-REVENUE RULE VIII.

Each collector in the classified internal-revenue service shall report
to the board of examiners--

(_a_) Every probational and every absolute appointment and every
appointment to an excepted or to an unclassified place in the
internal-revenue service under him.

(_b_) Every refusal to make an absolute appointment and the reason
therefor, and every refusal to accept an appointment,

(_c_) Every separation from the internal-revenue service under
him and the cause of such separation, whether death, resignation, or
dismissal.

(_d_) Every restoration to the internal-revenue service under him.

GROVER CLEVELAND.

AMENDMENT OF CUSTOMS RULE IV.

Customs Rule IV is hereby amended by adding thereto the following section, to be numbered 5:

5. In case of the occurrence of a vacancy in the classified service
of any customs district which the public interest requires shall be
immediately filled, and there is no eligible remaining on the proper
register, such vacancy may be filled by temporary appointment without
examination and certification until a regular appointment can be made
under the provisions of sections 1 and 2 of this rule: _Provided_,

That such temporary appointment shall in no case continue longer than
ninety days and shall expire by limitation at the end of that time:
_And provided further_, That no person shall serve more than
ninety days in any one year under such temporary appointment, the year
limitation in regard to such appointment to begin to run on the date
thereof.

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

Approved, May 18, 1895.

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _Washington, D.C., May 16, 1895_.

Special Departmental Rule No. 1 is hereby amended as follows:

Include among the places excepted from examination therein the following:

6. In the Department of Agriculture: The chief of the dairy division.

Approved, May 24, 1895.

GROVER CLEVELAND, _President_.

CIVIL SERVICE.--EXECUTIVE ORDER REVOKED.

EXECUTIVE MANSION, _May 24., 1895_.

The Executive order heretofore issued under General Rule III, section 2, clause (_c_) that provides for the appointment of four clerks in the division of accounts and disbursements in the Department of Agriculture by noncompetitive examination is hereby revoked, and hereafter these positions will be filled through competitive examination.

Approved: GROVER CLEVELAND.

CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION.

EXECUTIVE MANSION, _May 24, 1895_.

In pursuance of the authority contained in the third paragraph of section 6 of the act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883, the Secretary of Agriculture is hereby directed to amend the classification of the Department of Agriculture so as to include among the classes covered thereby clerks, microscopists, assistant microscopists, stock examiners, taggers, agents, and all other employees, except temporary laborers, in the Bureau of Animal Industry of the Department of Agriculture outside of Washington, D.C., all State statistical agents of the Department of Agriculture outside of Washington, D.C., and all messengers in the Weather Bureau of the Department of Agriculture outside of Washington, D.C. The classification when so amended shall take effect on July 1, 1895.

Approved: GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _May 24, 1895_.

Special Departmental Rule No. 1, section 6, is hereby amended by striking out the whole of said section and substituting therefor the following:

6. In the Department of Agriculture, in the office of the Secretary:
Private secretary to the chief clerk, and wood engravers; scientific or
professional experts employed for a period of not exceeding six months
outside of Washington, D.C., in investigations specially authorized by
Congress, but no such expert shall be reappointed as an expert unless
the United States Civil Service Commission shall certify that such
person has passed a suitable examination and is eligible for such
appointment. This exception does not include any person to be employed
in that Department in Washington, D.C., nor any person whose duties are
not scientific or professional or who is not expert in the particular
line of scientific or professional inquiry in which such person is to
be employed.

Approved: GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _May 24, 1895_.

Special Departmental Rule No. I, clause 3, is hereby amended by adding to the places excepted from examination in the Department of the Interior the following:

In the Bureau of Education: Specialist in foreign educational systems
and specialist in education as a preventive of pauperism and crime.

Approved: GROVER CLEVELAND.

AMENDMENTS OF CIVIL-SERVICE RULES.

DEPARTMENTAL RULE II.

EXECUTIVE MANSION, _May 24, 1895_.