294 No. 38 MILITARY AID TO THE CIVIL POWER PROPOSED DRAFT OF MILITARY ORDER PUBLISHING The following provisions, rules, and regulations are published for the guidance of the inhabitants of the territory occupied by the United States Forces, and of all persons temporarily within the said territory not belonging to or connected with the said forces, and will be strictly observed. Except as to persons belonging to, or connected with, the occupying forces, existing laws of the country not of a political nature or character will continue in full force and effect and will be administered by local officials. In addition thereto, the following provisions, rules, and regulations will be administered by the military tribunals of the occupying forces, and persons guilty of their violation will be punished as such tribunals may direct. It is unlawful and will subject one to punishment: 1. To act as a spy or to supply information to the enemy. 2. To do, or procure the doing of, damage to any bridge or railway or property used in the operation of any railway; to any war material; to any telegraph or other means of communication; or to any water, light, or power plant, or system or any part thereof. 3. To foul or pollute any source of water supply. 4. To destroy, damage, or secrete any animals, vehicles, supplies, food, fodder, food products, or material useful to the occupying forces. 5. To aid prisoners of war to escape, or to give assistance to the enemy voluntarily. 6. To harm or injure, or to conspire to harm or injure, troops of the occupying forces or of individual members thereof. 7. To induce, or attempt to induce, soldiers of the occupying forces to serve as spies, to desert, to surrender, to mutiny, to disobey orders, or to desist from the performance of duties enjoined upon them. 8. To damage or alter military notices or sign posts. 9. To circulate proclamations or propaganda, or spread the contents thereof in the interest of the enemy. 10. To recruit troops for the army of the enemy or to induce, or attempt to induce, persons to leave the occupying forces for the purpose of joining the army of the enemy. 11. To commit any other act of war treason or any other violation of the laws of war. 12. To utter seditious language. 13. To spread alarmist reports. 14. To overcharge members of the occupying forces for goods, wares, or merchandise. 15. To interfere with troops in formation. 16. To commit arson or to convert goods or property to the injury of any person or persons belonging to or connected with the occupying forces. 17. To circulate newspapers, pamphlets, or other printed matter likely to promote sedition, dissatisfaction, or bad feeling in or toward the occupying forces, or intended to do so. 18. To signal by lights or any other means. 19. To sketch or photograph any places or any material used by the occupying forces. *For suggestions as to additional items that should be given consideration with a view to their inclusion in this order, if appropriate, see Chapter III, Section VIII, paragraphs 109 e and 110 6. 20. To escape, or attempt to escape, from custody or imprisonment. 21. To forge, alter, or tamper with passes, permits, or other documents of any kind issued by, or pursuant to the directions of, the occupying forces. 22. To swear falsely. 23. To refuse to comply with a requisition or to interfere with another's compliance therewith. 24. To perform or commit any act in substantial obstruction of the military government. 25. To show disrepect for the flag or colors of the United States. 26. To print, post, distribute, or by any means publish or circulate, within the occupied area, notices, hand-bills, or other documents discussing or dealing in any way with political situations, local, provincial, or national. 27. To attempt to do any of the things above enumerated, or to advise or assist anyone else to do, or attempt to do, any of them. 28. To violate any proclamation, regulation, or order issued by the occupying forces. No. 39 PROPOSED DRAFT OF ORDER ESTABLISHING MILITARY TRIBUNALS AND DEFINING THEIR PROCEDURE 1. Military Commissions for the trial of inhabitants offending against the laws of war or the military administration will be appointed only by the Military Governor. 2. One or more Superior Provost Courts, to consist of one officer each, who, if the military situation permits, will be a field officer, will be appointed by the Military Governor for the district occupied by the Army Troops, and also for each district occupied by a Division or by Corps Troops. Officers so appointed will be detached from tactical organizations. The detail to such duty will be as nearly permanent as the military situation will permit. 3. The Commanding Officer of each city, town, village, or other municipal unit will appoint an Inferior Provost Court. In case there should be only one commissioned officer on duty in any such place, such officer will designate himself as Inferior Provost Court. 4. The Commanding Officer of a Division or of a Corps shall have the power to approve or disapprove or mitigate the sentences of Inferior and Superior Provost Courts exercising jurisdiction within the territorial limits of the Division or of the Corps Troops, respectively, and officers appointing Inferior Provost Courts shall have the power to approve or disapprove or mitigate sentences of such courts. The Military Governor shall exercise the authority to revoke, mitigate, or commute any sentence adjudged by any provost court or to set aside a judgment of conviction and return the case for a new trial. 5. Military commissions in accordance with the laws of war shall have jurisdiction to try any and all cases referred to them which involve violations of the laws of war or of orders promulgated by the occupying forces. 6. A Superior Provost Court shall have jurisdiction: a. To try all cases wherein an administrative officer of the local government is the accused and all other cases which are regarded as involving derelictions of a nature too serious to be referred to the inferior courts. b. To exercise general advisory supervision over Inferior Provost Courts. This supervision, however, will not extend to control, or effort at control, over the individual right and duty of such court to exercise an untrammeled judgment in all matters affecting its proceedings and final judgments. 296 MILITARY AID TO THE CIVIL POWER c. To visé the records of Inferior Provost Courts and return them for correction of any apparent irregularity, and to advise the Commanding General within their territorial jurisdiction to set aside judgments of convictions by Inferior Provost Courts and return cases for new trial or for the discharge of the accused, or to mitigate sentences imposed by Inferior Provost Courts. d. The maximum sentence which a Superior Provost Court may impose is imprisonment for six (6) months or a fine of $1000.00, or both such fine and imprisonment. e. Only one Superior Provost Court in any district shall exercise the powers set out in b and c. In all districts where there shall be more than one Superior Provost Court, the Military Governor will designate which of these courts shall exercise these extra powers. 7. An Inferior Provost Court shall have jurisdiction for the trial of minor offenses against the laws of war or orders issued by the military authorities. The maximum punishment which such court may impose is imprisonment for one (1) month or a fine of $100.00, or both such fine and imprisonment. 8. All military tribunals shall possess a common jurisdiction as follows: a. In all cases where a civil person has possession or control of, or power of disposition over, property which, either directly or by his procurement, is being used, possessed, or transported in a manner illegal or contrary to orders or proclamations of the occupying forces, and such person shall be convicted by a military tribunal by reason of acts committed or things done in connection therewith, the military tribunal convicting such person will, as a part of its judgment, make adjudication as to the disposition to be made of such property, and will order either that such property be returned to the owner or that it be forfeited to the army by reason of the use made thereof; and in case it be adjudged forfeited, it shall be turned over to the Officer in Charge of Civil Affairs for the district in which such court is held, to be disposed of by him as orders may require. b. In all cases of conviction for the illegal sale or gift of intoxicating liquors or habit forming drugs by a person engaged in the sale thereof at a fixed place, the court may, as a part of its judgment, order the closing, either temporarily or permanently, of such place of business. 9. The procedure in trials before Military Commissions shall be that followed in trials before general courts-martial, insofar as such procedure is applicable to trials before military commissions. No death sentence will be carried into execution until approved by the Military Governor. 10. Proceedings before Provost Courts will be as follows: a. A written document setting forth the name of the accused, the place where and time when the offense is alleged to have occurred, and the substance of the offense charged, stated in plain and concise language, shall be filed with the court, and the accused or his counsel shall have a right to inspect the same and shall have a copy thereof upon demand. b. No person charged with the commission of an offense shall be tried before a Provost Court unless he be present in person at the trial and be confronted with the witnesses against him. He shall have the right to be heard in person or by counsel of his own selection, but such counsel will not be provided at the expense of the occupying forces. No such person will be admitted to bail pending trial. c. All evidence before the Provost Court will be under oath administered by the judge of such court, and in general will be taken under the rules of the common law. Evidence will not be reported or reduced to writing. Unless the court fluently speaks and fully understands the language spoken by the accused, a competent interpreter will be used in order that both the accused and the court may be fully informed as to the entire proceedings. d. All hearings before Provost Courts will be conducted summarily. Trials will be had and judgments entered with the utmost dispatch consistent with the administration of justice. It is not essential that the prosecution be specially represented by an officer corresponding to a trial judge advocate. e. The sentence of a Provost Court shall be put into execution forthwith upon the entry of judgment and without awaiting the final action of the reviewing authority; but in all cases the action of the reviewing authority will be obtained as expeditiously as possible. f. In case of refusal or inability to pay a fine imposed, the person convicted shall stand imprisoned until such fine be paid, or until such fine be liquidated through imprisonment on the basis of one day's imprisonment. being the equivalent of $... fine, or until such person be released by order of competent authority. In all cases where a fine is imposed, it will be stated upon the record of the proceedings, and also upon the weekly report of the court, whether or not the fine has been paid. In all cases where sentence of imprisonment is imposed, the place of confinement will be designated by the officer authorized to approve or disapprove the sentence. g. Provost Courts are authorized to compel attendance of civilian witnesses and for such attendance such witnesses shall be entitled to receive the compensation allowed by the law of their country for attendance before local police courts. In cases where it may be necessary to compel the attendance of civilian witnesses, the Provost Courts will take necessary action through the proper local executive officers, and where such action is not effective, it will have at its disposal the services of the nearest Military Police unit or detachment for the purpose of enforcing such attendance. 11. Each Provost Court will keep a simple record showing the name of the offender, the offense, the plea, the fine, the judgment and the action of the convening authority in each case. 12. On Saturday of each week, Provost Courts will forward through channels to the office of the Officer in Charge of Civil Affairs in occupied territory, a copy of the record made in each case, as provided by the preceding paragraph, or, in case no trials have been had, a statement to that effect. Records of Inferior Provost Courts will be forwarded through the Superior Provost Court exercising the jurisdiction set forth under subparagraph b and c of paragraph 6. The reports will be made upon the appended form. 13. All money collected as fines by Provost Courts will be turned in weekly to...---. |