OG - SC - #99

[Hei]

Judge Bonham denied a motion to allow members of the jury to go home at the end of each day instead of to confine them to a hotel.

A.
B. that would have allowed members of the jury to go home at the end of each day instead of confined to
C. under which members of the jury are allowed to go home at the end of each day instead of confining them in
D. that would allow members of the jury to go home at the end of each day rather than confinement in
E. to allow members of the jury to go home at the end of each day rather than be confined to

The answer is E. The explanation states that "be confined to uses the infinitive form just as to go home does; the to before be confined is understood and does not need to be repeated". I just wonder what the rule is for omitting to.

Thanks in advance.

[dbernst]

Hei, this is more a question of style than correctness. Here is the generally accepted principle: When two infinitive structures are connected by and, or, except, but , than, or as, it is normal practice to omit to in the second clause.

Hope that helps.
-dan