134 MILITARY AID TO THE CIVIL POWER possible under the circumstances, but must be made to realize fully and from the first their responsibility to the commandants of areas within which their jurisdiction lies, and that they derive their power not from their own former laws but from the conquering state. b. It is a mistake to be hasty about removing trained civil officials except for very serious offenses, especially where they would have to be replaced by others of little or no experience. Fines should be imposed instead. This is especially applicable to cases where the occupied territory is to be returned to its former possessor. c. In making appointments of officials or changes in local laws, it is a mistake to yield too much to pressure from inhabitants who are citizens of the United States, or from other foreign elements of the population. These invariably will seek special employment, favors, or concessions under the military government, and will as invariably be looked upon with suspicion and even hatred by the native population. 90. PUBLIC SERVICES AND UTILITIES.-a. Public services and utilities should continue in operation, or, if interrupted, should be put into operation without delay. b. Schools, churches, hospitals, and charitable institutions should be reestablished. The importance of this lies mainly in the fact that they contribute to the happiness, contentment, and comfort of the people and assist them in returning to their normal modes of life, all of which will be reflected in their attitude towards the problems confronting the military government. 91. PAYMENT FOR PRIVATE PROPERTY.-Private property taken for the use of the occupying forces should be paid for in cash, if possible, at a fair valuation. When for any reason cash payment is not made on the spot, a receipt must be given in each case. 92. REQUISITIONS.-a. Requisitions should be resorted to only when necessary, should be only for necessaries, should not be for excessive amounts, and must be proportionate to MILITARY GOVERNMENT 135 the resources of the country so as to produce as little dis-tress among the people as possible. b. Requisitions should be made only by certain designated commissioned officers, lists of these officers to be furnished local civil officials, and should be served only upon local agents designated for that purpose in the communities where the articles, etc., to be requisitioned are located. 93. CONTRIBUTIONS.-a. Contributions may not be levied by anyone inferior to the commander of the occupying army. The principal contributions are usually exacted at the peace table in the form of indemnities. b. Direct contributions and taxes always weigh heavily upon the population and tend to cause resentment and dissatisfaction. A favorite and convenient indirect method of raising funds is to take over the customs houses and divert the required sums from the revenues on imports. 94. ADMINISTRATION OF JUSTICE.-a. The administration of justice is not only essential to the maintenance of control by the conqueror, but is also vital to the happiness and welfare of the population. b. The inhabitants of the occupied territory do not owe allegiance to the military government, but they do owe absolute obedience. c. A military government applies to all the inhabitants, native and foreign, of the occupied territory, just as in the case of any other government. d. Offenses against the conquering power and acts injurious to the invader's cause or in violation of the laws of war should be tried by military courts. It is preferable to use provost courts and military commissions rather than courts-martial for the trial of offenses of this kind committed by civilians. 95. KEEPING MILITARY AND CIVIL ADMINISTRATIONS SEPARATE.-Military success being the paramount consideration, tactical requirements must, as nearly as possible, be wholly unhampered by the organization for civil administration. Duties should be territorially assigned with a view to the civil affairs section remaining in the area should the army move on to a continuation or renewal of hostilities. 96. IMPORTANCE OF ORGANIZATION.-It should be borne in mind that the efficient administration of a military government requires a smooth-running organization, especially a chosen and trained personnel. Thorough organization is as vital to the successful administration of the civil government as it is for the conduct of operations. An imperfect organization, once instituted, becomes difficult to change as the weight of custom more and more asserts its influence. 97. IMPORTANCE OF QUALIFICATIONS. a. Our experience in Germany shows how important it is that the qualifications necessary for the conduct of a civil administration be developed among officers of the Army in time of peace. Notwithstanding that the history of the United States presents a series of wars which have demanded as their aftermath the exercise by military officers of civil governmental functions in Mexico, California, the Southern States, Cuba, Porto Rico, Panama, China, the Philippines, and elsewhere, yet the majority of our Regular Army officers in Germany found themselves ill equipped to perform tasks differing so widely from their accustomed duties. The present course in military government at the General Service Schools has been designed as a corrective measure. b. It would always be well for the military commander who is charged with the establishment and administration MILITARY GOVERNMENT 137 of military government to remember that he may, and probably will, have in his command a number of Reserve officers who have had governmental experience in civil life. 98. GENERAL PLANS AND POLICIES.-Military government over the occupied territory of an enemy is exercised in each theater of operations by the commander of the occupying forces in accordance with detailed plans prepared by him under the policies prescribed by General Headquarters pursuant to such general plans or policies as may previously have been prepared, announced, or approved by the War Department. The first section of the general staff at General Headquarters is the coordinating agency for seeing that these policies are applied as uniformly as practicable throughout the various theaters of operations, should there be more than one. This does not mean that the systems of military government will be uniform throughout the several theaters, for each will depend upon the type of military government to be established in that particular theater; that is, whether it is over territory that is likely to be annexed, set free, or turned back to its original possessor. 99. THE PLAN OF THE COMMANDER.-a. Whenever it becomes known or can be foreseen that the territory of the enemy is to be occupied, the commander of the military force that is to occupy it will no doubt be called upon to formulate beforehand his plans for administering the military government. These plans will always be controlled by the war plans and policies announced by higher authority as indicated in the preceding paragraph. They will also always depend upon the military situation, and will invariably be influenced by the political, economic, and psychological factors which may prevail in the area to be governed. To assist the commander in formulating these plans, the second section of his general staff will, therefore, be called upon to prepare as soon as possible, from hand-books or other data furnished by the War Department or other source, a digest of military, political, economic, and psychological information on the territory to be occupied. The actual preparation of the main plan or plans is primarily the function of the first section of 138 MILITARY AID TO THE CIVIL POWER his general staff, assisted by as many of the officers who are later to take part in the administration of the military government as may be available at the time. b. The plan of the commander for the administration of the military government should give expression to his decisions and instructions on the following points: (1) The distribution and territorial assignment of his military forces in the occupied area. (2) The immediate changes, if any, to be made in the local governmental system. (3) The extent to which the more important local civil officials are to be displaced and army officers appointed to fill their places. (4) The relationship which is to exist between the civil and military administrations, especially the extent to which tactical subdivisions are to be used as units of control of the civil administration. c. Annexes to this plan will be prepared showing the proclamation to be issued, the supplemental regulations to be published at the beginning, and the proposed staff organization for administering the civil government. d. A preliminary plan will also be prepared, where appropriate, for the movement of the occupying forces into the area to be occupied. 100. THE PROCLAMATION.-The proclamation of the commander to the inhabitants of the occupied area should be prepared beforehand, should above all be brief, and should cover the following points: a. Announcement as to the exact territory occupied, and of the complete severence, for the time being, of the political ties of the inhabitants of that territory with the former sovereign. b. The extent to which the local laws and governmental system are to be continued in force, including a statement that the local criminal courts will not be competent to try offenses committed by or against members of the occupying forces. c. Warning that strict obedience of the orders of the commander of the occupying forces is to be exacted of all, and that those who disobey such orders or regulations, or commit acts of hostility against the occupying forces, will |