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TITLE 10—ARMY: WAR DEPARTMENT
Chapter I-Aid of Civil Authorities and Public Relations.
51 61 71 81 91
American Battle Monuments Commission : See National Defense, 32 CFR Chapter
V. Civilian Conservation Corps : See Public Welfare, 45 CFR Chapter II. National Advisory Committee for Aeronautics : See National Defense, 32 CFR
Chapter IV. National Guard, War Department: See National Defense, 32 CFR Chapter II. Soldiers' homestead and preference rights: See Public Lands: Interior, 43 CFR
Parts 132, 181, 182. Veterans’ Administration: See Pensions, Bonuses, and Veterans' Relief, 38 CFR
Chapter 1. War Department, regulations as to navigable waters: See Navigation and Navi
gable Waters, 33 CFR Chapter II.
CHAPTER 1-AID OF CIVIL AUTHORITIES AND
Part 1 Employment of troops in aid of civil 5 Safeguarding technical information authorities
6 Use of military telegraph lines 2 Relief assistance
7 Manufacture of decorations 3 Arrest and confinement of persons not 8 Competition with civilian bands
subject to military law 4 Relations with agencies of public con
tact EDITORIAL NOTE: For list of abbreviations used in this title, see note to s 1.1.
PART 1-EMPLOYMENT OF TROOPS IN AID OF CIVIL
Sec. 1.1 Applications for troops.
1.2 Command. Section 1.1 Applications for troops. (a) Applications for troops to aid the civil authorities should originate with the civil authorities concerned, who should forward them for the consideration and action of the President.
In case an application for troops is made by civil authorities to a local commander, such commander, except as prescribed in (b), must
promptly inform the War Department of the receipt of such application, with a statement of all material facts, for the consideration and action of the President.
(b) In case of sudden and unexpected invasion, insurrection, or riot, endangering the public property of the United States, or of attempted or threatened robbery or interruption of the United States mails, or of earthquake, fire, or flood, or other public calamity disrupting the normal processes of government, or other equivalent emergency so imminent as to render it dangerous to await instructions requested through the speediest means of communication, an officer of the Army may take such action before the receipt of instructions as the circumstances of the case and the law under which he is acting may justify, and will promptly report his action, and the circumstances requiring it, to The Adjutant General, by telegraph if possible, for the information of the President. (R. S. 5297, 5298, 5299; 50 U.S.C. 201, 202, 203) [AR 500–50, Apr. 5, 1937]
ABBREVIATIONS: The following abbreviations are used in this title: AR
Army regulations, Secretary of War. C
Change in army regulation. Circ., WD
War Department circular, Secretary of War. Co.
County. Comp. Dec.
Decisions of the Comptroller of the Treasury. Comp. Gen.
Decisions of the Comptroller General of the United States. Ct. Cls.
United States Court of Claims reports. Dig. Ops. J. A. G. Digest of opinions of the Judge Advocate General of the
Army. 1912–1930 and supps. E. 0.
Executive Order. Is.
Island. MS. Comp. Gen. Manuscript decisions of the Comptroller General of the
United States. Op. Atty. Gen. Official opinions of the Attorneys General of the United
States, Op. J. A. G.
Opinion of the Judge Advocate General. Proc.
Presidential proclamation. Proc. Circ.
Procurement circular, Secretary of War. 1.2 Command. In the enforcement of the laws, troops are employed as a part of the military power of the United States and act under the orders of the President as Commander in Chief. They cannot be directed to act under the orders of any civil officer. The commanding officers of troops so employed are directly responsible to their military superiors. Any unlawful or unauthorized act on their part would not be excusable on the ground of an order or request received by them from a marshal or any other civil officer.
The use of troops should end the moment that the necessity therefor ceases and the normal processes of civil government can be restored. Persons not normally subject to military law, taken into custody by the military forces incident to the use of troops contemplated by the regulations in this part should be turned over to the civil authorities. Punishment in such cases belongs to the courts of justice and not to the armed forces. (R.S. 5297, 5298, 5299; 50 U.S.C. 201, 202, 203) [Par. 7, AR 500-50, Apr. 5, 1937]
PART 2-RELIEF ASSISTANCE
Sec. 2.1 Authority for undertaking relief 2.3 Supplies. work.
2.4 Local relief committees; composi2.2 Personnel, matériel, and supplies tion and functions.
available for relief work.
Civilian Conservation Corps : See Public Welfare, 45 CFR Chapter II.
Section 2.1 Authority for undertaking relief work. It is not contemplated that relief work will be undertaken by the War Department in connection with flood, fire, earthquake, or other great catastrophe without specific authority of Congress, unless overruling demands of humanity compel immediate action to prevent starvation and extreme suffering, or local resources are clearly inadequate to cope with the situation, in which event the relief measures to be undertaken will be such as the Secretary of War may direct. In connection with such authority there will also be allocated from such appropriated funds as may be available any amount of money deemed necessary for such relief. (R. S. 161; 5 U.S.C. 22) [Par. 1 (b), AR 500-60, Dec. 15, 1924]
2.2 Personnel, matériel, and supplies available for relief work. For the purposes of emergency relief, all military personnel and military supplies and equipment in the affected district, with the exception of the National Guard and military supplies and equipment under the control of the governor of any State or Territory, will during the continuance of the relief work, and without the issue of formal orders to that effect, pass under the direct control of the corps area or department commander. All of the military personnel and military supplies and equipment under the control of the corps area or department commander will be subject to his orders during the emergency period, which will be terminated by order of the Secretary of War. The War Department will supply the corps area or department commander with any deficiencies in personnel, supplies, and equipment, or may establish credits for his use in designated depots upon being notified by him of the deficiencies. (R.S. 161; 5 U.S.C. 22) [Par. 2 (b), AR 500–60, Dec. 15, 1924]
CROSS REFERENCE: For regulations pertaining to the National Guard, see National Defense, 32 CFR Chapter II.
2.3 Supplies. In no case will relief supplies of any description be issued to employers for their employees.
Care should be taken to see that aid is extended solely to those actually in need of relief, and it must be ascertained not only that the need really exists but that the needy condition is due to the flood, fire, or other catastrophe which made Government aid necessary. It must also be conclusively shown that the applicant for aid has no other means of securing assistance. Insofar as practicable, the testimony of reputable citizens should be secured to determine if the applicant is entitled to relief.
In no case will Government supplies or funds be used to reimburse sufferers for losses sustained. The Army's mission in the territory affected is to save life and prevent suffering, and not to replace losses.
If the catastrophe be of such a character that no supplies are available except those in possession of the military authorities, such supplies may be sold at cost to those who are able to pay for same, but such sales must be made under the restrictions heretofore laid down that the supplies are needed to prevent suffering directly resulting from the catastrophe. The funds received from this source will be deposited with the Treasurer of the United States in accordance with regulations. (R.S. 161; 5 U.S.C. 22) [Par. 3 (m)(p), AR 500-60, Dec. 15, 1924)
2.4 Local relief committees; composition and functions. Relief committees should be appointed by the governors of States or mayors of towns in the vicinity and adjacent to the affected area. Each relief committee should be composed of a chairman and as many members as are deemed necessary to meet the conditions existing, with the usual subcommittees. These local relief committees would find a useful field of endeavor in the following lines of work: Estimate the number of refugees, and keep officers in charge of relief work informed as to conditions and needs. Receive and look to immediate needs of refugees, and conduct them to places assigned. Coordinate and assemble all local relief agencies and supplies. Distribute relief rations and other supplies. Locate, list, and prepare for occupancy all vacant houses, warehouses, and other large buildings, including churches when necessary. Locate, list, and keep in touch with all means of water and land transportation, and hold them in readiness should they be required for the rescue or transportation of persons or animals. Establish labor bureaus, or in some other manner provide work for refugees. Provide lavatories, latrines, and laundries, and institute and enforce rigid sanitary regulations for the established camps and cantonments or other assemblages of refugees. Acquaint the community with the provisions of the law or regulations under which Government relief is extended and the conditions under which aid will be afforded. (R.S. 161; 5 U.S.C. 22) [Par. 5 (e), AR 500–60, Dec. 15, 1924]
PART 3-ARREST AND CONFINEMENT OF PERSONS NOT
SUBJECT TO MILITARY LAW
Section 3.1 Persons not subject to military law. Persons not subject to military law may be placed in arrest or confinement by members of the Military Establishment, as follows:
(a) General. All members of the Military Establishment have the ordinary right and duty of civilians to assist in the maintenance of the peace. Where, therefore, a felony or a misdemeanor amounting to a breach of the peace is being committed, it is the right and duty of every member of the military service, as of every civilian, to arrest the perpetrator no matter what his status.
(b) By members of the guard or of the military police. Members of the guard or of military police may place persons not subject to military law in arrest or confinement only when apprehended while in the act of committing a felony or a misdemeanor amounting to a breach of the peace within the limits of military jurisdiction.
(c) Restraint. The restraint imposed under the provisions of (a) or (b) will not exceed that reasonably necessary, nor extend beyond such time as may be required to dispose of the case by orderly transfer of custody to civil authority or otherwise, under the law.
(d) Ejection. Persons not subject to military law who are found within the limits of military jurisdiction in the act of committing a breach of regulations, not amounting to a felony or a breach of the peace, may be removed therefrom upon orders from the commanding officer and ordered by him not to reenter. See section 45, 35 Stat. 1097; 18 U.S.C. 97. (R.S. 161; 5 U.S.C. 22) [Par. 4, AR 600–355, Feb. 19, 1924]
PART 4-RELATIONS WITH AGENCIES OF PUBLIC
Sec. 4.1 Duty of the military service to In- 4.4 Avoidance of competition with comform the public.
mercial photographic agencies. 4.2 Rules on general relations with 4.5 Use of Army aircraft for commeragencies of public contact.
cial publicity agencies. 4.3 Privileges to commercial photog
Section 4.1 Duty of the military service to inform the public. In order that they may render that service upon which the Nation traditionally depends for national defense, citizens should be informed of the organization, procedure, and measures devised for the utilization of such service. Therefore, the duty of preparation for mobilization in accordance with law entails an obligation upon the military service to disseminate to the public information which is not confidential and which is pertinent to an accurate knowledge of the Army of the United States.*+ [Par. 1]
*88 4.1 to 4.5, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22.
*The source of $$ 4.1 to 4.5, inclusive, (except for the amendment noted in the text,) is Army regulations 600–700, Secretary of War, Apr. 18, 1935.
4.2 Rules on general relations with agencies of public contact. Agencies for public contact, such as news agencies, pictorial agencies, radio broadcasters, societies, and organizations, will be impartially dealt with. All who are available and interested will be given equal opportunity to learn of events and measures which are proper subjects of public interest. The following are three exceptions to this rule:
(a) When an occasion is of such a nature that accommodations can not be given to all who desire to be present, arrangements will be made for such distribution of facilities as seems best to serve the greatest number of the public. Under such conditions interested