14. The conclusion is that, as this prisoner of war was convicted of attempting to escape, but was not convicted of conspiracy or of breaking parole, he should not be punished otherwise than with punishment of a disciplinary nature, and that disciplinary punishment should not be extended beyond close confinement and the withholding of privileges, and that action should be taken in accordance with this opinion. [Signed] S. T. Ansell, Acting Judge Advocate General. 23. PLACE OF CONFINEMENT WHEN SENTENCE EXCEEDS SIX MONTHS 2d Ind. War Department, J. A. G. O., July 20, 1918.-To the Adjutant General. 1. Returned. The commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, requests information as to what disposition should be made by him of a soldier sentenced to be confined at hard labor for one year and six months, and to forfeit all pay and allowances due or to become due, without dishonorable discharge, where the United States Disciplinary Barracks, Fort Leavenworth, Kansas, has been designated by the reviewing authority as the place of confinement. Under this sentence the soldier was sent to the above mentioned place and is now being held pending further information as to his disposition. He refers to a letter of instruction issued from the office of The Adjutant General on February 12, 1918, in which he was directed to return to Camp Wheeler, Georgia, a prisoner sent to the disciplinary barracks under similar circumstances and requests general authority to take the same action in all such cases. This letter is now referred to this office for remark as to whether such general authority should be granted. 2. Paragraph 397, Manual for Courts-Martial, reads as follows: "The United States Disciplinary Barracks at Fort Leavenworth, Kansas, or one of its branches will be designated as the place of confinement of all general prisoners * * * who are to be confined for six months or more and who are not to be confined in a penitentiary pursuant to the preceding paragraph. * * Paragraph 398, Manual for Courts-Martial, reads as follows: "A military post, station, or camp will be designated as the place of confinement of any general prisoner whose case does not come within the terms of paragraphs 396 and 397 of this section." 3. While the above quoted paragraphs do not in terms prohibit the confinement of a garrison prisoner in a disciplinary barracks, it is the opinion of this office that prisoners not sentenced to dishonorable discharge should not be held within their organizations. 4. It is therefore suggested that instructions be issued to all officers exercising general court-martial jurisdiction that the United States Disciplinary Barracks or a branch thereof will not be designated as the place of confinement unless the sentence includes dishonorable discharge, the execution of which, may, however, be suspended. Par ticular attention should be invited to the paragraphs of the Manual for Courts-Martial quoted above. 5. In this connection it should be noted that in the opinion of this office a sentence involving confinement at hard labor for more than six months should not be approved unless accompanied by dishonorable discharge, which may be suspended. Neither should a sentence involving confinement for more than one month be approved unless accompanied by some forfeiture of pay. 6. In the opinion of this office there is no objection to granting the commandant, United States Disciplinary Barracks, the authority requested. [Signed] S. T. Ansell, Acting Judge Advocate General. 24. COMPENSATION FOR LABOR OF Prisoners of War 2d Ind. War Department, J. A. G. O., July 20, 1918.-To the Adjutant General. 1. The question submitted by the Secretary of State in his letter of May 29, 1918, to the Secretary of War, referring to the letter of the Secretary of War dated October 20, 1917, is whether the United States should accede to the protest of the German Government against the non-payment of prisoners of war at Fort McPherson, Georgia, for labor connected with the upkeep of their compound. 2. The Hague Conventions of 1899 and 1907 relating to Laws and Customs of War on Land contained, in Article VI of the Regulations thereto annexed, a few provisions, which, if considered to be in force, would serve as a basis for an opinion. The provisions are (2 Malloy's Treaties, 2282): "The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of war. "Prisoners may be authorized to work for the public service, for private persons, or on their own account. "Work done for the State is paid at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed. "When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. "The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance." Those provisions, though ratified by both Germany and the United States, are not now formally in force. Article II of the Hague Convention No. 4 of 1907. 3. It has been hoped that regarding prisoners of war an agreement with Germany would be included before the filing of this opinion; but as that hope seems incapable of realization, an opinion will now be given largely on the basis of the official German publication, entitled "Kriegsbrauch im Landkriege." That document, as translated in Morgan's German War Book, 71, reads: "Prisoners of war can be put to moderate work proportionate to their position in life; work is a safeguard against excesses. Also on grounds of health this is desirable. But these tasks should not be prejudicial to health nor in any way dishonorable or such as contribute directly or indirectly to the military operations against the Fatherland of the captives. Work for the State is, according to the Hague Regulations, to be paid at the rates payable to members of the army of the State itself. "Should the work be done on account of other public authorities or of private persons, then the conditions will be fixed by agreement with the military authorities. The wages of the prisoners of war must be expended in the improvement of their condition, and anything that remains should be paid over to them after deducting the cost of their maintenance when they are set free. Voluntary work in order to earn extra wages is to be allowed, if there are no particular reasons against it." 4. In the United States Rules of Land Warfare, 1914, paragraphs 65, 66, the provisions quoted from the Hague Regulations are given as binding on the Armies of the United States. 5. The United States Regulations for the Employment of Prisoners of War, dated March 28, 1918, though not retroactive in effect, would properly be appealed to in behalf of German prisoners of war as indicating reasonable limits upon their liability to work. Paragraphs 7 and 8 are as follows: "7. When employed on work that is necessary for their comfort, or for the upkeep of the prison barracks in which they are interned, prisoners will receive no compensation. When the work is done for the Government, prisoners will be paid at a rate according to the work executed; when the work is for other branches of the public service or for private persons, the conditions of and the compensation for such work will be settled in agreement between representatives of said branches or persons and The Adjutant General of the Army. "8. The wages of the prisoners shall go toward improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance." The 12th paragraph says that "when prisoners are employed on work for the Government," "the rates of pay shall be fixed by the Secretary of War, according to the work executed;" and the 13th paragraph gives details regarding work done for private persons. 6. The work done by these prisoners of war appears to have been the construction of new quarters to be occupied by themselves and by other prisoners of war. The construction of new quarters cannot fairly be called work necessary for the comfort of the workers or for the upkeep of the barracks in which they are interned; and consequently there should be compensation in this case. [Signed] S. T. Ansell, Acting Judge Advocate General. INDEX [THE FIGURES REFER TO PAGES] ABSENCE WITHOUT LEAVE, EFFECT UPON ALLOTMENT, 783. AGENCY, How affected by war, 323. To bind United States, 264. ALIEN ENEMY, Arrest and detention of, 643. ALIENS, Registration of, 595. Liability to military service, 628, 650. ALLOTMENT, Effect on, of absence without leave, 783. Affected by discharge, 798. During illness due to misconduct, 708. APPOINTMENTS, ORIGINAL TO BE PROVISIONAL, 403. Urgent Deficiencies, 562. Army, 587. ARMS, RIGHT TO BEAR, 108. ARMY ORGANIZATION AND ADMINISTRATION, 335. By civil officer for desertion, 697. ARTICLES OF WAR, Provisions of, 8. Militiaman not subject to, 118. Amendment to, 593. ASSIGNMENT BY OFFICER OF SALARY, 369. ATTEMPT TO CAUSE INSUBORDINATION, 638. BRITISH CONVENTION, 474. Notes relating to, 479. CALL TO MILITARY SERVICE, RESOLUTION, 469. CANTONMENT SITES, 716. CAR SERVICE ACT, 481. [The figures refer to pages] CARRIERS, FEDERAL CONTROL ACT, 575. CHAPLAINS, 446. CITIZENSHIP, Of state and of United States, 76. CIVIL ACTION BY SOLDIER, 775. For corporal punishment administered to enlisted man, 201. For acts done at his command, 215. CIVIL LIABILITY OF SOLDIER, Obedience to orders as justification, 216. CIVIL RELIEF ACT, 563. CIVIL WAR, Altered status of states in insurrection, 181, 227. CIVILIAN CLAIM FOR DAMAGES DONE BY SOLDIERS, 244, 725. COMMANDING OFFICER MAY AID CIVIL AUTHORITIES, 694. President may stop or permit on condition, 181. COMMUNICATIONS, CONTROL OF, 602. COMPULSORY SERVICE, 617, 654. CONDEMNATION OF PROPERTY, 601. CONFEDERATE STATES DEEMED ENEMY COUNTRY, 227. CONGRESS' POWER, Constitutional provisions, 6. To authorize trial by military commission, 122. Statutes paramount over executive orders, 192. To compel service in Army and Navy, 617. To enact Articles of War, 641. CONSPIRACY TO HINDER REGISTRATION, 626, 672, 677. CONTRACTS, How affected by war, 301, 314, 320, 323, 326. CONTRACTS OF UNITED STATES, Formalities in certain cases, 276, 290, 608. Officers' interest in, 696. Government reimbursement of personal injury, 706. Cancellation for hardship to contractor, 721. Infringement of patent rights, 723. Authority of Secretary of War to make, 261. Usual rules applied to contract of United States, 264, 271. May dispense with advertising, 270. Recovery, quantum meruit, 276, 290. COUNTERFEITING GOVERNMENT SEAL, 495. COURTS-MARTIAL, Kinds of, 10. Composition, 11. By whom appointed, 11. Jurisdiction, 12. Procedure. 12. Limitations upon prosecutions, 16. |