Harold Hitz Burton

“ His authority to do this sometimes survives cessation of hostilities. [12] The President has the urgent and infinite responsibility not only of combating the enemy but of governing any territory occupied by the United States by force of arms. [13] The policy of Congress to refrain from legislating in this uncharted area does not imply its lack of power to legislate. ”

“ Section 211 of the German Criminal Code accordingly was applicable to petitioner on October 20, 1949. The United States also expressly required that its civilians be tried by its occupation courts rather than by the German courts. ”

“ It provided only that 'All suttlers and retailers to a camp, and all persons whatsoever, serving with the continental army in the field, though not inlisted soldiers, are to be subject to the articles, rules, and regulations of the continental army.' (Emphasis supplied.) ”

“ The Occupation Authorities.
' (b) The Occupation Forces and their members.
' (c) Non-German nationals, civilian or military, who are serving with the Occupation Authorities.
' (d) Members of the families and non-German persons in the service of the persons referred to in subparagraphs (a) (b) and (c) of this paragraph.' Allied High Commission, Law No. 2, Art. 1, 14 Fed.Reg. 7457.
14. September 21, 1949.-Transitional Provisions proclaimed by Allied High Commission for Germany adapting existing legislation to the provisions of the occupation statute effective September 21, 1949. ”