United States Army in the World War, 1917-1919, Volume 11

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Page 215 - Is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the...
Page 239 - V. — Evacuation by the German Armies of the countries on the left bank of the Rhine. These countries on the left bank of the Rhine shall be administered by the local authorities under the control of the Allied and United States Armies of occupation.
Page 215 - Where the offenders can not be ascertained, but the organization or detachment to which they belong is known, stoppages to the amount of damages inflicted may be made and assessed in such proportion as may be deemed just upon .the individual members thereof who are shown to have been present with such organization or detachment at the time the damages complained of were inflicted as determined by the approved findings of the board.
Page 211 - The gross amount of all moneys received from whatever source for the use of the United States, except as otherwise provided in section 487 of this title, shall be paid by the officer or agent receiving the same into the Treasury, at as early a day as practicable, without any abatement or deduction on account of salary, fees, costs, charges, expenses, or claim of any description whatever.
Page 200 - It is not believed that any acts of pillage, rapine, or violence will be committed by soldiers or other in the employ of the United States, but should there be persons with this command who prove themselves unworthy of this confidence, their acts will be considered not only as crimes against the sufferers, but as direct insults to the United States flag, and they will be punished on the spot with the maximum penalties known to military law.
Page 215 - ... a board consisting of any number of officers from one to three, which board shall be convened by the commanding officer and shall have, for the purpose of such investigation, power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in the amount approved...
Page 214 - Several authorities on international law argued that the United States was legally financially liable only for such crimes of soldiers as could have been prevented by the exercise of ordinary care on the part of a superior authority. This argument was based on the theory that an employer was not responsible for damage committed by criminal acts of his employes, unless such acts were brought to his attention in time for him to prevent them.
Page 215 - And the order of such commanding officer directing stoppages herein authorized shall be conclusive on any disbursing officer for the payment by him to the injured parties of the stoppages so ordered.
Page 215 - Where the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be deemed just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
Page 174 - As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity — virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.

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