Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1902-03-22
TRIES TO AVOID FRICTION.
Gen. Chutfec Issues an Order Deiln-
Ing the Powers and Duties
of the Military.

cases of conflict of authority be- |
tween the civil and military authori.
ties in the Philippines find substan-
tial confirmation in an order recent
ly issued by Gen, Chaffee, the division
commander at Manila, to the com
manding officer of the fifth separate
brigade, operating in lloilo. The or
der is as follows;
"There appears to be some misun'
derstanding ns TO the extent and un-
der what circumstances the military
may act of it's own motion in prov
inces where civil government has
been put into operation by the Phil
ippine commission. The division
commGgder desires TO avoid friction
with the civil authorities, and you
are informed that the civil govern
ment entertains Il strong suspicion
that the army in many instances VIII
fully and for Interior motives mnec-
essarily interferes 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; If not for cause,
then unwarranted arrests because OF
the fact that the civil authority, not
military, should act.
"You are advised, also, that the
vice-ciyi governor has been informed
by the constabulary and Others that
the presence Of the army is no long
er necessary or advisable at a 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 interpre-
tation be put upon paragraphs ana
2. general orders No. 170, series 1901,
these headquarters, and act No. l73,
Of the Philippine commission, pub
lished in same order which, proper
ly 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 179 have been announced from
time to time in orders from these
headquarters.
attention is also invited to act
No. 272 of the Philippine commission,
specifying cases when writs of
habeas corpus shall not apply. In
all other cases 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 win be upheld in
attacking all armed bodies which Of
fcers believe are intended to disturb
the orderly and peaceful authority o.
the United States in these islands
II will be well, howeyed, to deter
mine in advance whether it is United
States authority aimed at, or wheth
er n mere local disorderly band j
out for robbing, the suppression o
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 tha
many complaints are received by tn
civil governor to the effect that sol
= liers are disorderly in the communi
!, ties where stationed; that they ar
: harsh and ill-treat the inhabitants
No excuse can be accepted for com
plants of that sort, if true, iron
I any station of our troops in the paci
. fed provinces. 1t is the duty of ey
cry officer to maintain good dis
y cipline Of his troops and to redres
{ ut once every disorderly act con
i mitted by soldiers on the inhabitants
Military necessity is one thing-laW
= lessness is another and quite differ
i ent matter.
o "The division commander direct
= that copy of this letter be fun
n nished at once to the commandin
7flice of every station, and enjoin
= action in strict accordance with il
l. spirit"