[398]
the necessity for the exercise of this power as slight as possible, by strict obedience to the laws, and by impartial administration of justice to all classes . . .
On April 20 was issued ‘General Orders, No. 16’:
I. Temporary appointments to fill vacancies which may occur in county or city offices will, in general, be made upon the concurrent recommendations of the County Court or City Council and of the President of the Board of Registration1 for the county or city.
II.
The several County Courts and City Councils are requested to confer with the Presidents of the Boards of Registration concerning such appointments, and to agree upon a suitable person to fill any vacancy that may occur.
III.
The President of the Board of Registration will forward to the assistant adjutant-general the recommendation of the court or council, with his own indorsement thereon.
IV.
When a County Court is not in session, a recommendation signed by five justices, including the presiding justice, will be received in lieu of the recommendation of the court.
V. County and corporation officers appointed by the commanding general will be required to give the bonds required by law, and will be subject to indictment for malfeasance, misfeasance, or neglect of official duty, the same as if they had been elected by the people.
On May 28 was issued ‘General Orders, No. 31,’ in part as follows:
. . . IV.
The military commissioners [officers of the army] will make a prompt report to these headquarters of each case of which they may take jurisdiction, and the disposition made of such case.
Where parties are held for trial, either in confinement or under bail, such full statement will be made of the facts in each case as will enable the commanding general to decide whether the case shall be tried by a military commission or be brought before a civil court.