THE STUDY OF LAW AT THE SCHOOL OF THE LINE. INTRODUCTORY LECTURE GIVEN TO OFFICERS OF THE SCHOOL OF THB LINE
Article
500 fact with the platitude **nob&y is unreplaceable.” But to that we take exception. The Russian cavalry, for instance, had very few leaders who knew how to combine intelligence, tactical knowledge and desire to accomplish something with the moral courage of taking responsibility. Should our turn come it is questionable whether we would have a better record in this respect. The commanders of large infantry forces will be able in future to lead very comfortable physical existences in the Seld. Even the fatigues of days of battle will not be hard on them, as a rule. Far more than ever heretofore they will be confined to certain places behind t h e firing line. Carriages and portable houses of wood or asbestos are not for him. He has to share physical exertions with the youngest recruit, and then have all his wits about him. .It is therefore a necessity, though a hard rule, to call a halt on the older captains, who have lost their physical elasticity during the long years of service as troop commanders, and compel them to retire wheu they attain the rank of major. Another question is, whether or not we should expose our best cavalry experts to the danger of exhausting their physical strength during long years of weary waiting for And this should teach us of the cavalry otlicers’ corps to unremittingly care for and foster the physical and moral qualities so necessary to a cavalry leader; and if we succeed io this we need have no fear’as to the future, for our tools are good.
CAVALRY IN EAST ASIATIC CAMPAIGN.
It is different with the cavalry leader. * promotion. To this we answer emphatically, No!” NOT&- Since the above rranslatioa was made here, and the paper was in the ban& of tbe priatar, an English translation in book form has been received. A review of it rill be found under the head of Book Reviews.
THE STUDY OF LAW AT THE SCHOOL OF
THE LINE.
I
INTRODUCTORY LECTURE
GIVEN TO OFFICERS OF THE SCHOOL OF THB LINE.
BY CAPTAIN HERBERT A. WHITE, ELEVENTH
CAVALRY,
SENIOR I S f f l U c r O R . S every citizen is interested in the preservation of the “A laws. it is incumbent upon every man to be acquainted with those at least with which he is immediately concerned, lest he incur the censure, as well as the inconvenience, of living in society without knowing the obligations which it lays him under. And thus much may suffice for persons of inferior condition, who have neither time nor capacity to enlarge their views beyond that contracted sphere in which they are appointed to move. But those on whom nature and fortune have bestowed more abilities and greater leisure, cannot be so easiIy excused. These advantages are given them, not for the benefit of themselves only, but also of the public, and yet they cannot, in any scene of life, discharge properly their duty, either to the public or themselves, without some degree of knowledge in the laws.* “There is no branch of knowledge so essential to the proper discharge of the various duties of a citizen. This is especially true with respect to American citizens, whose high prerogative it is, by virtue of the doctrine of suffrage, to have a direct and personal participation in all public affairs. Surely, that man is not fit to be the maker or the guardian of laws who has never been educated in their first -- Blackstone, b. I, p. 6.
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principles. But apart from public and patriotic consldera-tion, self-interest should induce every man to understand his own rights and obligations. This proposition is almost too clear to need enforcement. As the subjects of law. certainly, if not as the makers, all ought to know enough to avoid its penalties and reap its benefits. Unquestionably on the wore of practical utility no kind of knowledge can stand higher, for it comes into immediate application almost every hour we live.”* military officers, that one of us who passes through a day without feeling a need of a knowledge of his powers and the methods of procedure thereunder. is certainly not passing through a day of ordinary military experience. Any officer who is not absolutely sure of his ground, at least in all matters of ordinary routine, is a curse to himself, a burden to his superiors, and a menace to his profession. No one will gainsay the statement of Blackstone that “a person of liberal education should possess at least some knowledge of that science which is to be the guardian of his natural rights and the rule of his civil conduct.” It requires only the slightest reflection to comprehend the vast importance of some knowledge of this science on the part of army officers who, in the last extremity, are to be the defenders of these very rights and judges of the rules of civil conduct. Simply to defend our institutions. And an army not imbued with a fervent love for the institutions for which it is contending becomes nothing but a body of mercenaries, to be defeated by the first patriotic force witb which it comes in contact. Properly to appreciate and love our institutions we must possess some knowledge of them and the laws which support them, for it is hard to be in love with an object with which we are unacquainted. The Law Department is far from saying that our o5cers are unfamiliar with our. institutions and laws. But to say that we can be too well acquainted with them, as officers practically say when voicing the old statement, “There is too As for a knowledge of law on the part of Why have we an army? . Walker, p. 2.
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503 much law in the army,“ is a queer comment from reasonable men. That such ideas exist is a matter of astonishment and concern, Fortunately the War Department considers that a carefully prepared course laid out for the instruction of selected officers would be woefully deficient if no notice were taken of our relations to our body politic, the perpetuation of whose existence is the reason of the army’s being. It would appear to one unfamiliar with our system of jurisprudence that to gain a knowledge of our institutions nothing could be better than a study of our Federal Constitution. A knowledge of tbis instrument should familiarize us with the spirit of our institutions. not only with our Federal but with our State institutions as well, for the State governments are each similar to the Federal. But it should be remembered that our Constitution is but a law. and like every law, to be understood must be interpreted by the aid of the lamp of legal knowledge. Thoroughly to understand our great instrument we must become acquainted with legal terms and language else we shall read much with but imperfect understanding. But there is another consideration yet more important in the question of gaining a knowledge of our law. If you have never given the matter any serious thought or study you may be under the impression that most, if not all. of our laws will be found in our constitutions and statutes and treaties. But in nothing could you be more mistaken. The greater part of the law of this country will be found in no constitution, in no statute book, in no treaty whatever. This discrepancy between our judicial theory and practice is somewhat amazing. Nevertheless it exists. And the fact that the Federal government is said to possess no common law and the fact that many of our States have adopted codes do not render less imperative a grounding knowledge in our common or customary law. Of course our time is so limited that only the hastiest glance can be given to this subject of the common law. The study of the common law is hardly anything less than a study of our race itself. And if a liberal education is required anywhere, it must be from the studeFts of the law,
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for “the sparks of all the sciences in the world are raked up in the ashes of the law.”* It is apparent what task devolves upon those who essay to give a short course to army officers upon this subject. “The general expectation of so numerous and respectable a body as the student officers that are continually passing through this institution, the importance of the duty required from this department, must unavoidably be productive of great apprehension in those who have the honor to be instructors therein. We cannot but be sensible how much will depend upon our conduct in the infancy of this study of the civil law by our officers, for it is still but three years since’this course was authorized by the War Department. Law is a study that has generally been reputed of a dry and unfruitful nature, and it is one in which the methods of theoretical elementary instruction are yet sources of contention in our law schools. We cannot but retlect that if either the plan of instruction be crude and injudicious. or the execution of it be lame and superficial, it will cast a damp upon the further progress of this most useful and rational branch of learning; and may defeat for a time the wise design of those whose influence and farsightedness succeeded in placing this study in our curriculum.”+ Furthermore, any officer attempting to give instruction in civil law must necessarily feel his limitations in the lack of practice such as comes to the ordinary attorney. This is a difficulty that can be overcome by instructors in this department only by unwearied effort in keeping touch with all that is in progress in the civilian world. I t shall certainly be our constant aim by diligence and attention to atone for this serious defect, esteeming that the best offer we can make for your favorable opinion will be our tireless endeavors in some little degree to deserve it. We expect that officers of the experience now appearing at this institution know their Davis and Winthrop. Life is short to again go over these works. The course at this institution should be an amplification and not a repetition of Bacon. f Adapted from Blackstone.
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505 what an otticer already knows. So we shall present to you the broad field of law in general that you may more properly appreciate the place military and martial law occupy in the whole grand scheme of Anglo-Saxon jurisprudence. T o study military, martial, international and constitutional law without a proper groundwork in the elementary principles of law is not unlike looking at a few stones in a large build. ing with no view whatever of the entire structure and with no idea of the relations existing between these few stones and the whole edifice. When once you have a view of the entire structure, realize its proportions and purposes, you will then, and not till then, be in a position to understand the objects of the separate elements of which it is composed. Consequently we start the course with a short study of elementary law. We can give you, of course, but an outline. We must work so rapidly that we can hit only the high places, leaving to your own lesiure and inclination the time when you will descend into the valleys fruitful with learning. But we trust this hurried glance will be sufficient to enable you to fill in the details with future study. The course in elementary law comprises a study of law in general ; the sources of law ; common and civil ; the classification, municipal, international, military and martial ; written and unwritten law ; government and its functions, National and State; equity ; persons; property-real\-d personal ; estates ; domestic relations ; contracts ; torts ; remedies, courts and procedure ; and judicial references. Military law is essentially criminal law, so that a study of criminal law as conducted here is but an extension of what has always been taught in our military text-books. The nature of crimes is investigated, and explanation is given of the objects and ends of criminal procedure. It is appropriate to mention here the necessity of keeping our army procedure and punishments in consonance with those that the spirit of our people demand for themselves. “Popular beliefs change often in the course of time, not by force of reason so much as because of their incongruity with the spirit of the age. Our general intellectual tendencies create new attractions and new antipathies, and eventually cause Q
------ i 506
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as absolute a rejection of certain old opinions as could be produced by the most cogetlt and definite arguments.”* As the ideas of people change in regard to crime, so must we change our methods of army discipline. We can no logger keep men on a barrel from reveille to retreat or cause them to pack logs for hours around a ring, as in the . past. Our army comes voluntan1y.from the people, and we can have no abnormal system of justice in it. We necessarily must keep in touch with the beliefs of our people as regards the punishment of crime and the methods of deter. mining guilt. It is true that the people are not always right, especially in regard to matters with which they are not fully conversant. It is to be regretted that our people do not fully realize the enormity of the crime of desertion. If they did, few de-feftea could escape detection and capture. But we are confronted with conditions and not theories, and we must do the best we can. realizing that no abnormality of procedure or punishment will be tolerated by the American people in any of their institutions. While we are not strictly bound in our military procedure by the common law rules of evidence. yet these rules are our guide, and must not be departed from except for most excellent reasons. Hence naturally flows the study of the common law rules of evidence at this school. a subject that heretofore has not received from military men the study commensurate with its importance. Moreover, as evidence is procedure, we can here introduce instruction in any and all branches of the law. As you proceed in your study of this subject you will understand our whole scheme of instruction and realize fully that all our teacbing of the civil law tends to but one end, such a knowledge of t h e law that we can understand-ingly emphasize military features. The course in criminal law comprises a study of the classi-fiation of crimes; mental element in crimes; persons capable of committing crimes ; offenses against persons, property, health and morals. public peace and the government. ’. ‘ . All this is true regarding the law of evidence.
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SO7 The course in evidence comprises a study of the history of our lawsof evidence; judicial notice; law and fact; burden of proof ; presumptions ; admissions ; confessions ; character ; opinion ; hearsay; witnesses ; examination of witnesses ; writings. Moot courts are also introduced exemplifying the procedure of military tribunals, including commissions and provost courts; preparation of forms employed in military jurisprudence, motions, pleas, depositions, etc. These are given near the end of the course, and are intended to test the knowledge of student officers as gained in the past, amplified by the course here. Arrangements have been made for the following lectures to be given during the course. No study of lectures is required : “ T h e Jury.” By Mr. John H. Atwood. counsel for Private Grafton before the United States Supreme Court. “ T h e Dilatoriness of the Law,” By Judge J. H. Gillpat-rick, of the Kansas bench. “ Federal and State Courts.” By Mr, Xathaniel Guernsey, of the Iowa bar. And if possible the lecture of Judge Webb. of Atchison, Kansas, on “The Trials of Christ” before the Jewish San-hedrim and before Pontius Pilate. The Staff College work in law consists in exhaustive study of constitutional law, martial law and military government. The work in these studies is made verycomplete in order to fit officers for the various duties they are called upon to perform. It has aptly been stated that we are to-day largely an army of pacification,” and as such the problems we are called upon to solve require quite an extensive legal knowledge. From t h e short course here in civil law we feel assured that student officers will be fairly well equipped to meet the new requirements that the last few years have imposed upon army officers. This completes the instruction for the first year.
p y ’ - j - 508
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The system of instruction is that known as the quiz system. A certain number of subjects covered by the text book is given out for each lesson, The various points in the lesson are pointed out by the instructor, and then members of the class are questioned over the whole Gsson. By t\is means students are not at a loss to understand the main features and the important parts of each lesson. It’has always’been a stumbling block to the students of the law to know, in their reading, what parts are more important than others. By this method students soon come to see from the quizzes what are the important parts and what are less important. What the quizzes have developed into are really conferences between the student officers and the instructor. And the term, conferences, is now being used by our universities in place of quizzes. Officers may ask questions at any time, and they should do so if there is anything that arises during a quiz that they do not grasp. But you are cautioned against needless questions or those that slight study would enable vou to answer vourselves. Every class has its public I nuisanck, and it would-be a noted exceptibn if this one should find itself minus that individual. Everyone should remember that in asking questions during the quizzes he is taking up time ; and it may be the matter he asks about is clear to the other members of the class and it is a waste of time to have them all listening to something they already understand. Questions may be asked of the instructors after the conferences are over if you feel that you want further information and yet are fearful of taking up the time of the class. No markings are given on the daily conferences. Examinations are given at the end of each subject, and partial examinations are given in each subject some time during the course in that subject. The system of marking will be explained to you later. Suffice to say at this point that no paper is marked by itself, except in the Oase of deficiency. Each question is marked through all the papers before another question is taken up. That is, Question No. I is marked through the papers of all the student officers before going on to Question No. 2. This allows of comparison such as could be obtained in no other manner. When the papers t
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509 have all thus been marked, the marks are totaled, but not before. It has been remarked that it seems peculiar that international law has been given no place in our curnculum. As has before been stated, any course given here should be an amplification of what an officer already knows. Officers reporting here for the courses are presumed to be familiar with the elementary work on the subject of international law, written by the present Judge Advocate General, Geo.
B. Davis. An amplifica’tion of this would require considerable time, and that is what is not given us. Moreover we do study the laws of war under the subjects of martial law and military government. It is the opinion of the present head of the department that the importance of international law does not warrant any alteration of the present course. The department is in hearty accord with the views lately expressed by our Secretary of %ate in his paper on “The Need of a Popular Understanding of International Law.” Mr. Root points out ‘*that now the governments are controlled by the people oftener than the people by the government ; that one of the chief obstacles to peaceable adjustments of international controversies is the violent condemnation of an arbitrator by his own people if he yield any part of their demands, w-hether such part is lawful or not.” Public enlightenment on any question is to be wished for, and the more intelligent people become the less violent they are apt to be in the matter of their rights before they have fully studied the questions concerniug them. But this institution is not a propaganda for general information. It is purely technical in character. and has for its object only the giving of such information as will be immediately useful to an officer in the performance of his duties. And international law is not as immediately useful as any subject in the course. International law is quite as much an academic study as a legal one. Some of our law schools do not include this subject in their curriculums and many pay but little attention to it. This is no reason why we should not have it, if
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it were as necessary to us as some of the subjects we do study, yet it shows that the subject is not considered important in legal knowledge. International law is mainly a study of history, and a very discouraging one at that, to a lover of justice. N o men more than military men, especially those of much service, would more gladly herald the approach of eternal peace. But as long as men take the redress of personal grievances into their own hands, as is daily witnessed in the many cases of the so-called “unwritten law.” it takes a dreamer to come to a conclusion that the dawn of international justice and eternal peace is cmpurative& any nearer us than it was a thousand years ago. We are far from decrying the great good that has come to the world from the adoption of the rules and regulations governing international intercourse. We are not insensible to the lessening of the number of wars since international trade took on such enormous proportions. And certainly some good. however little it may appear, must result from such meetings as the Hague conferences. But large armies and strong navies are to-day, and will be for years and years to come, stronger guarantees of peace than all the international law rules that have arisen since the civilization of man took form. The department has prepared a small pamphlet that will be of value to officers that in the future care to take up the interesting study of international law. During the course here similarities and analogies between municipal and international law are frequently called to the attention of the student officers, but beyond this our time docs not warrant us in going with this subject. We are all aware of criticisms of this school that are made by officers, most of the critics being unfamiliar with the present system. The greatest fault of Leavenworth, it is said, is that it is a speck school. This criticism has reached such a point that we are almost led to despise a mind that can memorize anything. However, such criticism must have some good points or it would have died long ago. The parrot system of educa-And now. finally, as to the method of study.
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51 1 tion, or attempt at education, cannot he too strongly condemned. This department has been laboring for three years to eliminate any and all methods whereby a person may gain recognition unless he possess a practical working knowledge of the subjects covered in the course. If any department could be excused for having a system where booking would be prominent it would be the law department. For law is a book study in the sense that most of it will be found in books. But I wish to call your attention to a distinction that is invariably missed by the critics of this school. Accuracy-is not speck. And while the department cares nothing about the latter. it most strongly insists on the former. There can be no successful men in our present work-a-day world that are not accurate men. And if the law department at this institution could do nothing more than impress upon student officers the need of accuracy in all their professional work it could well stand upon that record. We hear caviling at red tape in the army. But if every report made, if every communication submitted, if every return rendered, was correct w-hen it left its place of origin, the red tape, the paper work of the army, would be so decreased that most of our system would stand a model in place of a target. And so while we care nothing for the words of any book, we insist that principles be so understood that there may remain nothing for an accurate mind to do but apply these principles to controversies that arise. In your study of the law, at first, you will be beset with doubts and misgivings. You will find yourselves probably in the condition of the blind man looking in a dark cellar for a black hat that isn’t there. You will call a veritable fool that man who said, “Law is the pride of the human intellect and the collected wisdom of ages.” And you will hurl anathemas at Blackstone for saying, *‘ Law is a science which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart; a science which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community.” Yet such language cannot be deemed extravagant.
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For municipal law is indeed the grand regulator of human affairs. “ Its functions may be appropriately compared to those of gravitation. If you could imagine even a momentary suspension of that great law which regulated the universe of matter, keeping the minutest particle, as well as the mightiest mass, in its proper condition, the stupendous con fusion that would thence result, and which we designate by the fearful name of chaos, you would have strong but faithful illustration of that social disorder which would as certainly result from the suspension of municipal law, and which we designate by the hardly less fearful name of anarchy.” * A clear conception of the grandeur Af law will make us better officers, and when once we all realize it the bogie of militarism will or should disappear from the American people. It is true that the work here crams the student officer. Not in the sense of speck, but so much is gone over, such a hurried view is given that, kaleidoscopic-like. but little re-maias. But we can get no more time, and we believe more good comes from the present system than from any other that could be adopted. And we make you acquainted with the methods of finding the law, which is after all the great desideratum. In spite of all the ground we cover, we do not expect you to work yourselves to death. But I may say that you will be considerably disappointed if you look for entertainment without the expense of attention. But an attention not greater than that usually bestowed in learning the rudiments of any other science. But you must dearly earn what you obtain. “Genius, without toil, may, to some extent distinguish a man elsewhere; but here he must labor or he cannot succeed. No quickness of invention can supply the place of patient investigation. A clear mind might determine at once what the law ought to be, but actual inspection alone can determine what the law is. You must make up your minds to hard work. Weigh well the fact, that ‘to . .Walker, p. 5. 513
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scorn delights and live laborious days’ is the indispensable condition of professional eminence. O n somewhat easier terms you may prepare yourself for the ordinary routine officer ; but nothing short of resolute, emulous, persevering study can raise you to that height which alone should satisfy a generous ambition.”* *Adapted from Walker.
MEMORANDUM:
THE ADAPTATION OF ARMY
REGULATIONS TO THE ADMINISTRATION OF
T H E BRIGADE POST OF CAMP STOTSENBURG,
PAMPANGA, P. I.
HE Army Regulations outline a strict rule of procedure T for administration of small posts with all modern conveniences within the United States, and in time of peace. In times of war their requirements must be met as far as possibte or practicable under the circumstances; but there arise many military necessities and emergencies which require immediate action which must not be delayed for any cause. Now that the government is concentrating large bodies of troops in posts, the requirements of Army Regulations adapted to the administration of small commands must be modified and liberally construed in their application. otherwise the time of the commanding generals of these brigade posts will be so taken up with unimportant administrative details that no time will be left them for the important work of instructing and maneuvering their commands on advanced lines and seeing to their military efficiency and preparedness for actual field service. It is believed that there is nothing in the following pages that violates any army regulation, but that the adaptation of Army Regulations, as suggested within and as is now in operation in the brigade post of Camp Stotsenburg, is for the best interests of the service for large commands from all points of view. As far as possible the details of administration and instruction will be left to subordinate commanders, to whom they properly belong. Post headquarters will deal with I .
ADMINISTRA TION OF BRIGADE POSTS.
515 regiments and detachments or separate battalions, through their respective commanding officers. Those commanders will be given latitude in carrying out existing orders for drilling and instructing their commands, but the post commander will, by frequent inspections, see that the results are in all respects satisfactory, and where organizations are found delinquent or lax the commander of the regiment or detached or separate battalion concerned will be held strictly responsible. Leave of absence, under the provisions of Par. 49, -Army Regulations, will be granted by the post commander upon approved applications forwarded through military channels. In view of the irregular hours of departure and arrival of Manila trains the following decision will govern in the case of officers going to Manila by verbal permission: Regimental commanders, the commanding officer Sixth Battalion. Field Artillery. and the surgeon may. in their discretion, give officers of their respective commands permission to leave the post on one day, returning the next. Such absences will not be counted as leaves, and officers so absent will be shown as present on all morning reports. XI1 officers leaving the post four hours or more, under whatever authority, will register their departure and return, with authority for their absences, on the register at post head. quarters.” under the control of their respective regimental commanders in reference to the latter’s authority to grant “furlocghs in the prescribed form for periods of one month.” (Par. 104,
A. R.1
4. Under Article XIX of the regulations, the action ordered to be taken by the commanding officer will be taken by the commanding officer of the regiment or detached battalion to which the deserter belongs or by which or in which he is apprehended. listed men in pursuit of a deserter when no expense is involved. In no case, however, are subordinate commanders competent to issue orders which involves issues to be made, or expense incurred by p s t stafl: 06cers. This prohibition is general. 2. 3. Companies of intact regiments will be considered . These same commanders may send en- .
516 ADMfNLSTRA TZON OF BRIGADE POSTS. Under the provisions‘ of Par. 201, A. R., regimental commanders and the commanding officer Sixth Battalion,
F. A., and the surgeon will make frequent inspections of the buildings used by enlisted men of their commands. A post order requires that weekly inspections of the post be made by a medical officer accompanied by the post police oflicer. Subordinate commanders will remedy promptly any irregularities or unsanitary conditions brought to their attention as a result of these inspections. T h e commanding general of the post will inspect various buildings from time to time, especially where irregularities have been observed or reported.
6. Post exchange councils for the various authorized branches of the post exchange will be ordered as required by regulations and the necessities of the service, in orders from this office. The roster for these councils will be kept at the headquarters to which they pertain and the proceedings will be forwarded to this office for approval, through the respective regimental or detached battalion commander. T h e attention of regimental commanders is called to the inspections ordered to be made by them in Par. 328. A.
R. T h e company fund accounts of the batteries and the hospital will be made as required by the post commander. All bakeries. whatever their location in the garrison, will be under the post treasurer, and the baking of bread, etc., for the entire command will be under his supervision. The post treasurer is authorized to make use of all bakeries and divide his work among them as may best meet the necessities of the case. Newspapers and periodicals have been estimated for, for the coming fiscal year, to be addressed to organizations as follows: Third Cavalry. First Infantry (including Sixth Battalion. F. A.), Second Infantry. The commanding . officers concerned will arrange for reading rooms or tents in their respective commands. The report called for in Par. 3 5 1 , A. R.. will be rendered for each branch of the post exchange, and through the channels prescribed in Par. 6 of this memorandum. 5 . 7. 8. . 9. IO.
ADMINISTRA TION OF BRIGADE POSTS.
527 I r . Guards will be turned out for their respective L’com-manding officers.” All guards will be turned out for the When a coloneI commands the post all guards will be turned out for him as “commanding o5cer.” The commanding officers of regiments or detached battalions will refer requests for surveys arising in their commands to surveying officers appointed by them. The same commanders will approve or disapprove the reports of survey so submitted. If the amount involved exceeds $500.00, all copies will be forwarded to this n5ce. If the amount involved is less than $500.00, two copies will be furnished the accountable o5cer and the third forwarded to this office. Requests for surveys by post staff officers, and in any casual cases will be made to this office. 13. General Orders No. 191, series 1go5. War Department, will be followed strictly in correspondence between this office and the post staff offices of record. In connection with the above cited order this office will keep a suspended file of all communications received here, whether recorded or not, but which are to come back with some action taken. Copies of all Regimental, General and Special Orders and circulars, and the orders of detached battalions will be furnished these headquarters as soon as they are published. commanding general.” 12. 14. I j. The muster of regiments and detached battalions will be by the commanders thereof. T h e surgeon will muster the detachment of the hospital corps, and the post adjutant will muster the post non-commissioned staff. The details of each formation for review and muster will be published in orders from these headquarters. Complete efficiency reports will be forwarded to these headquarters by regimental commanders and commanders of detached battalions for every commissioned officer on duty under them on June 30th. The surgeon will furnish complete reports in the case of each commissioned medical officer on duty under his supervision on June 30th. The commanding general will make out these reports only in the case of regimental and detached battalion commanders, 16.
ADMINISTRA TION OF BRIGADE POSTS.
the surgeon. and any casual ‘officers or any staff officers not otherwise reported upon. He will add any remarks he may deem proper in forwarding all reports by endorsement. A general order of the director of posts of the Philippine Islands, published pursuant to an act of the Philippine Commission, required that all o5cial mail matter be stamped with the department, bureau or post from which it is mailed.
18. Under the provkions of I. Par. 849. A. R., each regiment will have a recruiting oficer appointed by the commander thereof. A post recruiting officer will act on all other cases arising in tbe command. General Orders No. j4. series rg05, Philippine Division, directs that : Recruiting officers will submit direct to these headquarters, immediately upon the enlistment or reinlistment of any man (Philippine Scouts excepted), a written report, giving the date and place of enlistment, the organization for which enlisted ; by whom enlisted ; organizations previously served in, and the period of service in each. with dates; also date of arrival in the Philippine Islands.” The commanding officer of the post is the only o5cer having power to place officers in arrest, escept as provided in the 24th Article of War. Charges and specifications will be forwarded to this ofice complete, including comp!iance with Paragraph 962, A. R., and General Orders No. 8, c. s., Headquarters Department of Luzon. Summary court cases arising in the post will be disposed of as follows: Regimental commanders will refer all cases arising in their regiments to the summary court officer appointed by them for their regiment. All cases arising in the Sixth Battalion, Field Artillery, detachment hospital corps, and all casual cases will be referred from these headquarters to the post summary court for trial. Papers forwarded to these headquarters, such as clothing schedules, requisitions for stationery, etc.. calling for issues to be made by the quartermaster, will not be prepared for the signature of the commanding general, but ‘after he 17. rg. 20. 21. 22.
ADMINISTRA TION OF BRIGADE POSTS.
519 has signified his approval of same they will be approved by his command and signed by the adjutant. All such papers will be approved by thd respective regimental commanders or detached battalion commander before being forwarded to this office. Ration returns will not be prepared for the signature of the commanding general. When he has signified his approval of same they will be approved by his command and signed by the adjutant. They will always be examined and approved by subordinate commanders before being forwarded to this office. Pay rolls will be completed by regimental commanders and the commanders of detached battalions, and the surgeon as the commanding officer of the detachment of the hospital corps. They will be forwarded by the same commanders direct to the chief paymaster of the department. All dealings wyith the medical department of the post will be through thc “surgeon” as the commander of a distinct detachment.
26. Regimental commander, commanders of detached battalions and the surgeon will take final action on all passes submitted to them. They will also make proper arrangements for having reports of departure and return on passes properly made. 27. Whenever the permanent commander of the post is to be absent for one week or more, the senior colonel commanding during his absence will be carried on detached service from his regiment, the next senior commanding the same, and thus leaving the post commander free and unhampered to see to the proper administration of the post as a whole. Under no circumstances will the headquarters of any regiment be combined in any way with post headquarters. Respectfully submitted, 23. 24. 25.
GEO. VAN HORN MOSELES,
Captain F#Yth Cavalry, Adjrctnnt.
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