AUSTRALIA'S NEW WAR TERRITORIES

Dominion, Volume 10, Issue 3119, 25 June 1917, Page 9

AUSTRALIA'S NEW WAR TERRITORIES

HOW THEY ARE ADMINISTERED

THE PItOBLEJIS OUTLINED. Lieutenant-Colonel Sc-aforth S. Jlackonzie, Deputy Judge Advocate-General at liabaul, wlio has been acting as legal adviser to the Administrator of German j\'e\v Guinea, and also as judge of the Central Court at lhibaul for the last two years, is at present on furlough, in Melbourne. Recently he made an interesting and important statement on the Administration by Australians of Germany's for ever lost colonies. This statement was made exclusively to "Tho Age," and has the concurrence of the Minister of Defence. Colonel Mackenzie said:— "In any discussion of tho administration of Gorman Now Guinea it must be remembered that tho colony has not been annexed; it is merely in British military occupation during the war. According to article ii of Tho Hague rules, enemy territory is considered to be occupied when actually placed under the authority of a hostile force. This implies that the former Government has, by an act of the invader, been rendered in capable of exercising its authority, and that tho invader has in fact substituted his own authority for that of tho former legitimate Government. This creates a condition, entirely different from annexation, because in military occupation the sovereignty of the legitimate owner of the territory is not destroyed—it is in abeyance. An occupant is not, tliereforo, at liberty to work his will upon tho people and territory subject to his military domination, for according to international law i,t is considered pennissable for him to exercise only euch pc-wore as aro demanded by the military.situation, the maintenance of order and safety, and the proper administration of the territory. The British administration of the colony lias therefore been conducted in accordance with two governing factorsadherence to the terms of capitulation agreed to by Colonel Holmes at Herbertsliohe, near Rabmil, on September 17, 1914, and a careful observance of the principles of international lav.

The German Firms. ".References have appeared iu the Press and statements have been made which would seem to indicate that the true position in iMiich tho Commonwealth etnnds in relation to the military occupation of German New Guinea is not clearly understood in Australia. For instance, questions ]iave been- asked why the German firms in the colony are permitted to carry on tlieir business, and why the Germans there have not l)eeu interned; and in. a rccont issue a Sydney weokly published a contributed paragraph commenting on a purely formal and necessary certificate issued by a British official in German New Guinea to the effect that there was no objection to tho payment of certain moneys duo to a German firm in that colony. Now, it is to l>o remembered that there is a distinction between'the position and privileges of Germans in Australia—whoro they su-o enemy subjects in a British country— end the position and privileges of Germans in derm an Now Guiuea. In the lattor case they aro resident in what is, according to the rules of law relating to military occupation of enemy territory, still a German colony, and they must therefore bo treated in accordance with such rules of law in so far as tlieso have not boon modified or varied by any specific agreement of treaty. As regards German New Guinea, of course, tho capitulation agreed to and accepted by Colonel Holmes on behalf of tho Crown and by tho proclamation subsequently promulgated by him to the inhabitants of tho colony. The material clauses aTo to Iho effect that during tho military occupation of the colony tho local laws and customs aro to remain in forco, so far as is consistent with Ihe military situation, ami that inhabitants of tho colony shall, during Rood behaviour, bo permitted to follow their ordinary vocations.

"Now, as long as Iho Gorman colonists comply with all orders issued "hy the com potent;, British military authority in the colony, there is neither justification nor necessity for. prohibiting tho carrying on of business or for interning the inhabitants. Germans who have proved refractory, or who hnvn been guilty of breaches of military law, have. Iwon punished or deported; ami Briga-clinr-Gciicml Sir Samuel Pothebridße, who has wisely and ably administered tho colony sinco his appointment; as Administrator there is .ta.niiary, 1915, has taken tho most, stringent precautions to ensure that any trading carried on. .by the CJoi'insms shall not benefit Germany or any other enemy Slate. No proceeds of thai: trade roach Germany. In fact, the whole benefit .of the colony's tradfi has been conferred upon iho Commonwealth. Every ton of copra, or cocoa or rubber esportwl is shipped, under Government supervision, to Sydney, mid tho proceeds, in the form of either money or goods, aro returned to tho colony sign in through Government channels. Tho military occupation of tbo colony lias, therefore, meant an increase of ti'iido to the Commonwealth. Prior to the war the main products of tho colony found their way for the most part direct, to Hamburg by tho steamers of the Nonldeutscher Lloyd, tho shippers being encouraged by moderate freights arranged at the 'instance of a Government which watched benevolently over Iho interests of tho young colony, taking: earn to prevent tho trade from falling into British hands. At the present lime the business of tho large (.Senium funis in German New Guinea, passes through Australian firms, and is of direct and real benefit to Australia. '_MJ;ul' (Tie. Administrator," continued Co.oiicl Mackenzie; "pursued a different policy—assuming that such would have been permissiible under international law —and had Iho German colonists been prohibited from carrying on their business and industries, the result would luivo been not only ,\ serious loss of trade to; the Commonwealth, but the ruin of the colony. The plantations would have become choked with rank tropical growth that would have killed precious coconut palms ami valuable rubber and other economic trees; native latattr would nave been, dis-orgiinised, and all Customs revenue would have been lost to tho colony, thus involving tho Commonwealth in additional expense, in the administration of this territory. These, considerations, amongst others, will servo to show how important it was for the colony to be maintained us a 'going concern.' and great credit is due to General Pethebridgc for his foresight and sagacity in iTiis respect.

British Judge and German Count. An interesting feature of the military occupation of the colony has been the administration of justice. As mentioned before, local laws and customs are still in force. 'J'lie result is that the superior court remains a German court, in which German law t is administered, albeit by a. British Judge. Members of the occupying force are not subject to the territorial law, as they come under military law as contained in tho Army Act and tho King's Regulations, but the territorial law extends to nil other inhabitants of the country. On the whole, 'the administration of German law by a. British Judge has worked exceedingly well. Slight modifications in procedure have been introduced, as, for instance, the free examination of. witnesses under oath, a feature almost unknown to German courts of law. It might have been reasonably expected that (hi! German residents would have hesitated to bring their suits before a. British Judge during war tiino, and that tin , ™ would have been a decided falling oil , in the volume of litigation. Po far. however, from this being so; the facts are that during I lie two years of military occupation the amount of litigation hii.s been, if anything, greater Hum it was before the war.

"During tho course of the oceupntion German hank notes and paper money liavo boon withdrawn from circulation in the colony, and Commonwealth note have been issued instead. It bus nnt been found practicable, to withdraw the German silver coinage, owing tn tho fact I hat a considerable amount of coinage, is hold by tho natives. The siiddou withdrawal of the German mark would, therefore, impose ii hardship upon llin native?. Nevertheless, the German mark

is gradually disappearing before the Cominauwealtli coinngo Unit is now in general circulation. As marks nic paid iulo the Government they arc converted, and are not again put into circulation. "One of tho greatest problems of tho -Administration," added Colonel Mackonzie, "is the protection and control of tho natives. What the native population amounts to in numbers is not accurately known. Largo tracts of territory have never been penetrated by tho wluto man. The Germans estimated tho population on tho mainland at 340,000 and on the Bismarck Archipelago at between 100,000 and 150,000. These calculations are probably excessive, but they suffice to show that n native population oven approximating such numbers constitutes a complex and important administrative question. The fact tliat the natives aro of many different tribes, speaking different dialects, further adds to tho difficulties of government. In the treatmont of tho natives an attempt has been made to mitigate certain meaures of harshness in the German regime without sapping tho strength of the Government's control and prestige."