CO129-429 - Public Offices & Others - 1915 — Page 273

مجھے

27A

manifest that he must be invested by the

Supreme Civil Authority with certain powers.

This, in the generality of cases, is arranged

for by an Order in Council and beyond that

nothing was intended or can indeed be fairly.

inferred from the text".

3. It appears to Mr Harcourt, quite

apart from the evidence contained in these

memoranda, that this limitation is necessary

in any case for the application of the

provisions of the Army Act to the Civil

population of a

1% ndead! Colony, or indeed) camp

followers generally,

as a consideration of

the penal provisions of the Act which

are capable of such application appears

Thus with regard to Section 9

to show.

of the Act "disobedience to lawful commands",

to which paragraph 3 of the War Office letter

appears to refer, it is admitted in Note 6

to that section on page 387 of the Manual

if it in

of Military Law, that the command to be lawful"

must be one relating to military duty. It

would appear, therefore, that in the

case of civilians the command

betw-

must be issued under circumstances

which bring the civilian into actual'

contact with military operations or

discipline. For the same reasons it

appears to ir Harcourt that section 10

as to quarrels and affrays, section 18

and

as to drunkenness section 38 as to

duelling and suicide, must be similarly

limited in their application and these

arguments apply even more strongly to

section 41 (offences punishable by

ordinary law) since this section would,

if applied to the civil population

without the restriction above mentioned,

practically oust the civil administra-

tion altogether.

4. I am to observe that on this

construction the Urder in Council

would not appear to give the General

Officer

would