The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1902-03-21

Gen. GLanee Issues an Ordtr Denn.
Ing the Powers Mmd Duties
Of the Military.

Washington. March 1s.--Rumors OF
eases of conflict of authority be-
tween the civil and military authors
ties in the Philippines find subs,an-
tial confirmation in an order recriii-
ly issued by Gen. Chaffcc, the division
commander at Manila, 10 the CON-
handing officer of the fifth separate.
brigade. operating in Iloilo. The or
der is as follows:
There appears to be some misun.
Outstanding as 10 the extent and un-
der what circumstances the military
may act of its own motion in prov
inces where civil government has
been put into operation by the Phil
ippine commission. The division
commander desires to avoid friction
with the civil authorities, and YOU
ment entertains strong suspicion
that the army in many instances will
fully and for Interior motives unncc-
essarily interfcrcs with the civil Of
fcials in their prescribed duties,
making arrests when they should not
do so, usually on suspicion rather
than for just cause; IL not for cause.
then unwarrantcd arrests because OF
the fact that the civil authority, not
military, should act.
"You are advised, also, that the
vice-ciyil governor has been informed
by the constabuary and others THAI
the presence of the army is no long
er necessary or advisable at very
large majority OF the stations now
occupied by it in what are known as
pacified provinces. The division COM
mander desires that "A strict intcrpre-
tation be put upon paragraphs and
2, general orders No. 179. series 1901,
these headquarters. and act No. l'5,
of the Philippine commission, pub
lished in same order which. proper
" construed, embraces the idea of
non-interference by the military in
civil affairs as stated by the division
commander in paragraph | OF the
general order referred to above.
provinces passing to civil control
since the publication of general or
ders 40 have been announced from
time to time in orders from these
headquarters.
"Attention is also invited 10 act
No. o72 of the Philippine commission.
specifying cases when wrts of
habcas csrpus shall not apply. In
all other eases they may apply.
| Therefore. arrests and holding OF
prisoners by The military in cases not
mentioned are questionable and are
to be avoided when practicable TO dc
so. The military will be upheld in
attacking all armed bodies which Of
\ fccrs believe are intended 10 disturb
the orderly and peaceful authority of
the United States in these islands.
1t will be we'll. howcved. TO deter
mine in advance whether il is United
States authority aimed at. or wheth-
err q mere local dsorderly band Is
out for robbing. the suppression Of
which the civil authorities may pre-
fer to deal with singlehanded, I'M
aided by the army of the United
States. You are advised also that
many complaints are received by tho
civil governor TO the effect that sol
diers are disorderlv in the communi-
ties where stationed: that they are
harsh and ill-trcat the Inhabitants.
No excuse can be accepted for com
plants Of that sort. if true, from
any station Of our troops in the pac.-
fed provinces. Ii is the duty OF cv-
cry officer to maintain good dis
ciplinc Of his troops and to redress
ut once every disorderly act com
mitted by soldiers on the inhabitants.
Military necessity is one thing law
lessness is another and quite differ
ent matter.
"The division commander directs
that n copy Of this letter he fur
nished 1T once TO the commanding
Office Of every station. and enjoins
action in strict accordance with its
| ~