MILITARY GOVERNMENT 179 normal conditions. Rigid restrictions should be imposed upon the exportation of money, gold, silver, jewelry, and other similar valuables. The important point to remember in this connection is that care must be exercised not unduly to forbid markets for products manufactured in occupied territory, thereby throttling the industries which the military government is trying to build up. Of course, the importation or exportation of arms, ammunition, and other articles specially manufactured for war purposes, is always forbidden. p. While the local civil courts should be continued in operation, it must be made clear that they will be without jurisdiction to try: (1) Offenses committed by members of the occupying forces. (2) Offenses committed by inhabitants of the occupied territory against members of the occupying forces. (3) Violations by inhabitants of the occupied territory of the laws of war or of the rules and regulations prescribed by the military governor. Offenses coming under (1) above would be tried by courts-martial; those under (2) and (3), though triable by courts-martial, should preferably be tried by provost courts and military commissions. q. It is not believed that the usual elections should be permitted to be held in the Brown state during the unsettled period of the military occupation. The best policy would seem to be to require incumbents to continue in office until relieved, regardless of the terms for which elected or appointed. r. (1) The handling of strikes in connection with public utilities and other activities which have taken on a military character is more or less an easy and simple matter. It is desirable, however, that strikes be kept down in other quarters as well, in order to reduce unemployment and consequent unrest to a minimum. After a strike has begun, that is, after the workmen have laid down their tools and walked out, adjustment is difficult. Prevention of strikes by adjustment before they occur is better. This may be accomplished by issuing orders directing the proper local officials to notify the local Officer in Charge of Civil Affairs whenever a strike appears to be imminent. This official, 180 MILITARY AID TO THE CIVIL POWER thus notified, summons both parties to a conference, the summons usually being issued two or three days before the date set for the conference. The calling of such a conference especially pleases the employees. At the conference both parties are allowed to state their cases, the employees being permitted to state theirs first. This conference is intended. primarily to show the Officer in Charge of Civil Affairs the extent and character of the dispute and whether it seems possible of settlement without a strike. He (2) After each side has stated its case, the Officer in Charge of Civil Affairs explains the position Blue will adopt in the matter, this being that the military authorities will remain neutral and not interfere unless their own interests are threatened. He explains further what the interests of the occupying forces are, and what the probable action would be in case of disorder following the strike. then makes clear the impracticability of the Officers in Charge of Civil Affairs or other military men being able to act as arbitrators, they being relatively ignorant of such fundamental matters as transportation, normal cost of living, trade union precedents and regulations involved, etc., and that the wiser course would be for both parties to settle the dispute amicably between themselves rather than to trust settlement to representatives of a foreign army who are untrained for such duty and who would likely arrive at a settlement which would be unsatisfactory to both sides. (3) Finally, the Officer in Charge of Civil Affairs asks both parties whether they do not think they can settle the matter without further participation by the occupying forces. An agreement is generally reached in conference. If not, the matter is usually dropped officially for several days, the Officer in Charge of Civil Affairs making it his business to call personally at the plant in order to see how matters are progressing, also, incidentally, to listen to voluntary individual statements from both parties to the dispute. If any agitators seem to be busy, their names are carefully noted and, if later investigation discloses that they are strangers in the locality, the hint is dropped that their MILITARY GOVERNMENT 181 presence is no longer desired. The vagrancy courts can be used to punish agitators who are without visible means of support. (4) By such method, both employers and employees are impressed with the fact that the military authorities are taking an active interest in seeing the dispute settled without resort to a strike. Of course, where the military forces are directly or indirectly involved, as where the army is the employer or is dependent upon the product of the strikers' labor, the strikes would be handled in the summary and more positive manner announced in the regulations. s. The regulation with reference to complaints against Blue by Brown inhabitants is designed to prevent the compiling of ex parte or fictitious statistics for use either in molding international public opinion against Blue, or in offsetting claims or accusations by Blue as to the conduct of Brown inhabitants. The possibility of this is obviated by requiring complaints of such character to be made to the proper local civil officials, and then requiring such officials to report same to the military authorities without delay, or, if no such complaints were filed during the period of one week, to submit at the end of such period a signed statement to that effect. Investigations are promptly ordered as to each case complained of, and suitable disciplinary action is taken. t. Another matter which deserves mention is that, as a general policy, the soldiers of occupying forces serving within the various districts should not be employed on duties which tend to belittle their dignity or lower their status in the opinion of the local civilian inhabitants. This applies especially to such work as the construction and maintenance of roads, which, while necessary to the occupying forces, will also benefit directly or indirectly the inhabitants themselves. Under such circumstances, whenever practicable, local civilian labor will be employed under Blue supervision, but this supervision will not go to the extent of supplanting civilian road overseers or others who are in a position more efficiently to conduct the labor being performed. 182 MILITARY AID TO THE CIVIL POWER u. Many other matters require careful consideration. For example, will fraternization tend toward the betterment of conditions? Will it promote good feeling and win Browns to the Blue side? Will prohibition of it weld Browns together and convince them that their leaders were right in siding with Red? Will the liquor traffic defeat fraternization restrictions? What will be the reaction to billeting in private dwellings? The answers to such questions will depend upon developments which can now be but dimly foreseen. Fraternization will grow as the transition from initial invasion to settled occupation takes place, and this probably should be recognized by the issuance of appropriate orders permitting it. CHAPTER IV Domestic Disturbances SECTION I. Radicalism II.-Instances of Use of Federal Troops in Domestic Disturbances Paragraphs 1-2 3-10 III. When Federal Troops may be Employed 11-21 Civil Law 22-26 V.—Employment of Federal Troops to Aid State Civil 27-30 VI.-Employment of Federal Troops to Aid United 31-38 Historical statement Legal aspects SECTION I Paragraph 1 2 1. HISTORICAL STATEMENT.-Organizations or societies to oppose organized government have existed continuously from the Middle Ages to the present day. 2. LEGAL ASPECTS.-In studying radical or revolutionary movements looking to the modification or overthrow of existing government or advocating marked changes in industrial conditions, it should be borne in mind that these movements are not necessarily criminal. The United States Government is a representative one, is vested in the people, and if the people see fit to modify it, or to change the industrial situation with respect to employers and employees, they have the right to do so, provided they use proper and lawful means in so doing. The Constitution of the United States is not exempt from attack. It has been amended repeatedly as the result of constructive criticism. |