The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-07-19

native officials, in part or altogether, to
substitute new courts OF his own con-
stitution, for those which now exist or
to create such new or supplementary
tribunals OS may be necessary. IN the
exercise of these high powers the COM
mander must be guided by his Judg-
ment and his experience and hlgh
sense of justice.
one Of the most important and
most practical problems with which 1T
will be necessary to deal is that Of the
treatment of property and the cOllec-
ton and administration of revenues 1t
is conceded that all public funds and
securities belonging to the government
of the country in its own right, and all
arms and supplies and other movable
property of such government may DC
seized by the military occupant ana
converted to his own use.
The real property of the state he
NAV hold and administer, at the same
time enjoying the revenue thereof, but
he is not to destroy it, save in the case
of military necessity. All public means
of transportation, such as telegraph
lines, cables, railways, and boats be
longing to the state may be approprla-
ted to his own use, but, unless IN case
of military necessity, they are not to be
destroyed. All churches and buildings
devoted to public worship and to the
arts and sciences, all school houses are,
so far as possible, to be protected, and
all destruction or intentional detace-
nent of such places, or historical mon
1lment or archives, or of works of sci
required by urgent military necessity
." Private property, whether belong
ing to individuals or corporations, IS 10
be respected, and can be conhscated
only as hereinafter indicated. Means
of transportation, such as telegraph
lines and cables, railways and boats,
may, although they belong to private
individuals or corporations, be selzed
by the military occupant, but unless
destroyed under military necessity are
not to be retained.
- While it is held to be the right OF
the conquerOr to levy contribution up
on the enemy in their seapOrts, towns
or provinces which may be in his mill
tary possession by conquest, and to ap-
ply the proceeds to defray the expenses
of the war, this right is to be exercised
with such limitations that it may not
SAVIOR of cOnfiScatiOn- AS the result or
a military occupation the duties
payable by the inhabitants to the for
ner government become payabl to the
military occupant unless he sees tit to
substitute for them other rates or con-
tributions to the expenses of the gov
eminent. The moneys so collected are
to be used for the purpose of paying
the expense of government under mil
itary occupation, such as salaries of the
judges and the police and for the pay
ment of the expenses of the army.
" Private property taken for the use
of the army is to be paid for when pos
sible in cash at a fair valuation, and
when payment in cash is not possible,
receipts are to be given.
All ports and places in Cuba which
may be in the actual possession of our
land and naval forces will be opened to
the commerce of all neutral nations, as
well as our own, in articles not contra
band of war, upon payment of the pre-
scribed rates of duty which may be in
force at the time of the importation.
'(Signed) WILLIAM MCKINLEY.
&" BY order of the secretary of war:
" H @. CORBIN, Adj. Gen."