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Is it, therefore, any wonder that the modern Cretan Epimenides,58 being transformed by Pallas Athena into a full-fledged Hercules, should be preparing to cleanse the new Augean Stables in Greece, or into a modern Theseus 59 who, after accomplishing the great task set upon him and his associates, expects to return to Athens in order to establish the national union shattered to pieces by the "King of the Hellenes."

THEODORE P. ION.

58 A name given to Mr. Venizelos by the present writer in an article entitled "The Cretan Question" in the April, 1910, issue of this JOURNAL, on account of his great services to Greece during the peaceful revolution of 1909, when by his presence in Athens he brought about a speedy settlement of the then burning questions. Epimenides, the Cretan prophet and poet, was brought to Athens by the Legislator Solon to cure the evils then prevailing in the city.

59 Theseus, a Greek hero, according to tradition, after performing many heroic deeds, returned to Athens, and there united the various tribes, then at war with each other. In token of this national union, he instituted the famous festivals of Panathenæa.

CONTRIBUTIONS, REQUISITIONS, AND COMPULSORY

SERVICE IN OCCUPIED TERRITORY 1

1

[BEING PART XII OF "SOME QUESTIONS OF INTERNATIONAL LAW IN THE EUROPEAN WAR," CONTINUED FROM PREVIOUS NUMBERS OF THE JOURNAL]

In all the wars of the past century in which Germany was a party, her policy in respect to the exaction of pecuniary contributions, the imposition of fines on communities, and the requisition of supplies and services from the inhabitants of occupied territory has been especially rigorous and in accord with the extreme views which her military writers and publicists have always held in regard to the rights of a military occupant. Bluntschli charged the Prussians with having levied without sufficient reason excessive contributions during the War of 1866 on various towns and cities which took sides with Austria, and he adds that such methods of warfare were not civilized, and Europe no longer recognizes them as such. The town of Frankfort was assessed 12,000,000 marks, and after this sum had been handed over, 40,000,000 more was demanded but was subsequently remitted by the King of Prussia, to whom the town sent a deputation praying to be relieved of this enormous imposition.3 Rations of the value of about 40,000,000 marks were also exacted from the town." Other towns were subjected to similar requisitions.

2

During the Franco-German War of 1870-71, the Germans, as is well known, not only resorted to the power of requisition on a huge and unprecedented scale, but in addition levied heavy contributions on many towns and districts which they occupied, as well as imposed exorbitant fines on communes in which francs tireurs operated and

1 German policy in respect to fines and other collective penalties will be considered in another paper.

2 Droit International Codifié (French trans. by Lardy), sec. 654.

3 Spaight, War Rights on Land, p. 393.

Hozier, Seven Weeks War, p. 80.

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even on the communes from which they originally came. Heavy fines were also imposed on communes in which railway lines were damaged by individuals or in which other acts were committed against the German military authority. Thus the Department of the Lower Seine was assessed 24,000,000 francs, and Rouen was required to raise 6,500,000 francs in five days. The petty town of Haguenau was taxed 1,000,000 francs; Mons was compelled to pay 4,000,000 francs; Paris was taxed 200,000,000 francs, and after the signing of the armistice the Departments of the Seine-et-Oise and Oise were compelled to raise 10,000,000 francs. In December, 1870, a per capita assessment of 25 francs per head was levied on the inhabitants of all the occupied districts in France for the avowed purpose of breaking the resistance of the population and of exerting pressure upon the people to turn them against Gambetta and bring about the election of an assembly in favor of ending the war. This expedient, says Loening, "was extraordinary, but the situation was none the less so."8

In nearly all the cities occupied, says Calvo, the inhabitants were compelled to raise within short periods of time enormous sums exceeding many times the resources of the municipal treasuries, and necessitating recourse to forced loans or appeals to the generosity of the inhabitants." The Minister of the Interior in an official report to the National Assembly in 1871 estimated that in the thirty-four departments invaded, the contributions of war levied by the German authorities amounted to 39,000,000 francs, the taxes collected aggregated 49,000,000 and the supplies requisitioned totaled 327,000,000.1o

Spaight, p. 122; Bonfils, Droit Int. Public, sec. 1219; Calvo, Droit Int. Pub., sec. 2236; Mérignhac, Lois et Coutumes, sec. 106; Nys, Droit Int., Vol. III, p. 429; Despagnet, Droit Int. Pub., sec. 589; Bluntschli, op. cit., sec. 643 bis; Latifi, Effects of War on Property, p. 34; Andler, Les usages de la Guerre et la Doctrine de l'EtatMajor Allemand p. 25.

Bonfils, sec. 1226, n. 3; Calvo, Vol. IV, p. 266; Latifi, p. 34; Rouard de Card, Droit Int., La Guerre cont. et la propriété, p. 178; and Depambour, Effets de l'occupation en Temps de Guerre, p. 77.

7 Bonfils, sec. 1222.

Rev. de Droit Int., Vol. V, p. 108.

Op. cit., Vol. IV, sec. 2254.

10 Despagnet, Droit Int. Public, sec. 588. See also Bonfils, sec. 1226, n. 3;

Many of the contributions thus except in name.11 While a few Geffcken,13 and Wehberg,14 think t the vast majority of them have when it was resorted to avowed resistance of the French and of co

The German General Staff i asserts that the power of requisit during the Franco-German War inhabitants, even if in isolated c the excessive severity in respect ground of the "embittered chara latest stage and the lively par necessitated the sternest measur levying of excessive contribution "the total of all the money con may be called a minimum comp was accustomed to draw from th seems difficult, however, to recon exploitation which the German 1 with the admission of the Gene

Pont, Les Réquisitions militaires, p. 9. 180. Excellent reviews of the law an tributions may be found in two article de Lég. Comparée, Vol. 38 (1906), pp. 2 Gregory in the Columbia Law Revie well, Law of War, see index; Hallec] Int., Vol. IV, secs. 2235 ff.; Spaight, 11 Compare Latifi, Effects of Wa

op. cit., sec. 654.

12 Op. cit., sec. 654.

13 Edition of Heffter, p. 30, n. 4. 14 Capture in War (English tran 15 See for example two articles b neur-Général de l'Alsace durant la G 1872-73 (Vols. IV-V), pp. 692 ff. ar Gebrauch im Feindsland, published at for the use of military commanders: 16 Morgan, The War Book of th

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ly paid, the following stipulations are ty:

ons shall be imposed on the state, es, other than those which constitute hesible acts against the German army

s and fighting armies, requisitions, that for their care and maintenance, shall e. Payments for articles sold shall be equisition receipts duly verified and as of the payment of the next monthly ned.

quisitioned merchandise or merchandise all be paid as soon as possible in curxchange or in credits on German banks.

the installments were promptly paid ency of an association of banks, each in portion of the total. The Belgians stipulations were violated by the Germber, 1915, for an indefinite term, the 000,000 francs, which had been limited to to make prompt payments for goods and Belgian Government protested against the ly as a violation of an agreement entered ties and the Governor-General, but also on xcessive, the sum being twenty times the by the nine provinces in time of peace.21 pulation remaining in Belgium at 6,000,000, ed to a per capita exaction of 80 francs, at the various local contributions and fines calities. As the total budget of the state etween 600,000,000 and 800,000,000 francs that the general contribution imposed by to between two-thirds and three-fourths of ied for state purposes. The special contri

general levy of 10,000,000 francs per month in addition nthly imposition was made by the German authorities. o pay the cost of the maintenance of the German army aan administration of the occupied territory."

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