clerk's office a certificate in the nature of proof of such service.

(9) In computing any period of time prescribed or allowed by these rules by order of court or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Sunday or a holiday observed by Military Government, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.

(10) All instruments, pleadings and orders of court shall be filed in the clerk's office and the same shall not become effective until such filings take place.

(11) Subpenas for the attendance of witnesses shall be issued by the clerk under the authority of the court upon the request of any party. Subpenas duces tecum shall be issued only upon order of court. Subpenas will be served on military personnel through the appropriate Commanding Officer.

(12) Depositions within the United States Zone, the United States Sector of Berlin, or Bremen Enclave shall be taken before a consul or consular agent of the United States or before some United States military or Military Government officer authorized to administer oaths who may be designated by the court.

(13) The court, upon the conclusion of a case, shall find the facts specially and separately state its conclusions of law in writing.

(14) Any member of the court may enter a judgment by default upon proper showing, or dispose of other ex parte matters.

(15) In any action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or disposition of any other thing capable of delivery, a party may by leave of court deposit with the clerk of the court all or any part of such sum or thing.

(16) The clerk's and the marshal's offices with the clerk of deputy and marshal or deputy in attendance shall be open during ordinary office hours on all days except Sundays and holidays observed by Military Government. Deputy

clerks and deputy marshals may be stationed in places other than in Stuttgart, as the business of the court requires.

(17) All evidence shall be taken stenographically if either party or the court requires. The party requesting a stenographer to take the testimony shall advance such fees for the stenographer as may be fixed by the court. If the court requests the services of a stenographer, each party may be required to advance one-half of the cost of such services. A typewritten transcript of the evidence and of the proceedings shall not be made unless ordered by either party or by the court. The costs of same shall be paid by the party ordering the transcript or by both parties, one-half each, if the court so orders.

(v) The court shall have broad discretion in the matter of procedure and may modify or supplement the rules contained in paragraph (u) of this section from time to time. The Federal Rules of Civil Procedures may be followed as a guide in the premises.

(w) In the adjudication of claims of exemption from levy and sale underwrit of execution, and in attachment and garnishment proceedings, the law of the domicile of the judgement debtor shall control, provided that the allowance of claims of exemption by other than German nationals shall be subject to the sound discretion of the court.

(x) Judgments for damages shall be in German legal tender and shall have the same force and effect as valid judgments rendered by German courts of competent jurisdiction in the United States Zone.

(y) Equity jurisdiction in aid of the validity and enforcement of its judgments is hereby granted to said court.

(z) A judgment hereunder shall become final on the thirtieth day after rendition unless the aggrieved party, prior to that time, files a petition for review. In that event the court shall certify a complete record of the proceedings, including any transcript of testimony, to the Director of the Office of Military Government of the land or the Sector of Enclave in which the case was tried, who may affirm such judgment, which thereupon becomes final, or set the same aside and order a new trial.

Part

PART 104-RELATIONS WITH AGEN

CIES OF PUBLIC CONTACT
VISED]

Sec.

104.5

[RE

CODIFICATION: Prior to the revision of Part 104, § 104.6 was amended to read as set forth below, by AR 600-700, Jan. 10, 1946, 11 F.R. 1768:

104.6 Public activities by military personnel. Within the bounds of security and propriety the writing of articles, books, and other related material intended for publication and engaging in public and private discussions or appropriate occasions, by officers and enlisted men, on topics of military or professional interest or of general interest concerning the Army, or in support of the military policy of the United States or in the interest of the national defense, are authorized and desirable.

War Department Public Relations

Division.

104.6 Public activities by military personnel.

AUTHORITY: §§ 104.1 to 104.6, inclusive, issued under R. S. 161; 5 U. S. C. 22.

SOURCE: §§ 104.1 to 104.6, inclusive, contained in AR 600-700, Aug. 16, 1946, 11 F.R. 10910.

§ 104.1 General. (a) Because of the importance of the Military Establishment in the defense and welfare of the Nation and its traditional role of a public servant, it is the responsibility of the Army to insure that the American public is fully and accurately informed concerning the purpose and activities of the Army as well as its place in the American community.

(b) The broad mission of public relations is to maintain close and friendly understanding between the Army and the public through the dissemination of

information, the attainment of public recognition, and the maintenance of public confidence in the Military Establishment, to insure efficient and adequate military security for the United States.

§ 104.2 Definition. Public relations is defined as any planned program or procedure which will elicit public understanding and good will. It includes continuous dissemination of information to the public, participation in community life, and a line of conduct by uniformed personnel which will contribute to public understanding and appreciation of the military service.

§ 104.3

Responsibility for public relations. (a) The fostering of proper public relations is a responsibility of command, extending through all echelons and ranks. All members of the Army are representatives of the service before the public and share that responsibility in their conduct.

(b) Commanders of all echelons, units and military installations are charged with the conduct of public relations within their jurisdiction.

(c) The Signal Corps and the Army Air Forces will maintain the official pictorial files of the War Department appropriate to their respective activities.

(d) The War Department Public Relations Division is the agency designated to deal with the public on matters of concern to the War Department and the Army as a whole. The Army Air Forces is authorized to deal with the public in purely air matters in accordance with the broad over-all policies established by the War Department. Subject to established policies and regulations governing the security of military information as promulgated by the Director of Intelligence, War Department General Staff, the Public Relations Division initiates policies which, upon approval, will guide the conduct of public relations with lower echelons and in the field.

§ 104.4 Public relations operations in the field. (a) A public relations officer will be appointed to the staff of each post, camp, or station and to the staffs of regiments, air force groups, and equivalent units or higher commands. Public relations officers of posts, camps. stations, and units larger than regiments will have the status of special staff officers. Wherever conditions permit this should be their principal duty. Ap

pointments will be made by unit and installation commanders.

(b) Subject to the supervision of the commanding officer, and in consonance with approved security policy, the duties of a public relations officer include the following:

(1) Advice to the commanding officer on public relations matters, particularly on relations between the command and the nearby communities, but excluding functions of representatives of the Civil Affairs Division and other military Government agencies.

(2) Liaison with civilian groups, including the dissemination of information pertaining to the command to local information media.

(3) Review, under established policies, of material for dissemination to the public and of material for publication in unit and post newspapers.

(4) Reception of all representatives of local and national information media and assistance to them in obtaining desired material relating to the command.

(c) On posts where two or more military units or activities are situated, public relations responsibility will rest with the senior permanent commander stationed there. All public relations activities under his jurisdiction will be coordinated as he may direct.

between

(d) Direct communication public relations offices regardless of command channels is authorized to expedite the exchange of information. Such communication, for the purpose of coordination and mutual assistance, in no way infringes upon the responsibility and authority of commanders.

§ 104.5 War Department Public Relations Division. (a) The War Department Public Relations Division will initiate policies to govern the conduct of public relations within lower echelons and in the field. All agencies dealing with public relations and related activities will operate under the policies laid down by the War Department.

(b) The Public Relations Division, consisting of the Chief, Public Relations Division, and assigned personnel, will function under the supervision of the Chief of Public Information, War Department. Policies initiated by the division will be approved by the Chief of Public Information prior to publication as War Department policies.

(c) Material of general interest to the public emanating from the War Department will be released through the Public Relations Division unless other provision is made by the division.

(d) To accomplish its mission the Public Relations Division must have timely knowledge of War Department plans and actions. To this end each staff division, service, and major command will, as a general rule, make available all information desired by the Chief, Public Relations Division. When, in the opinion of the head of the division, chief of service, or major commander, information should be withheld in the national interest, decision by higher authority will be obtained. Release of information obtained from any War Department agency upon request will be released only after coordination with originating agency.

(e) Direct communication is authorized between the Public Relations Division and commanders of posts, camps, stations, installations, field and oversea commands on matters pertaining to public relations.

$104.6 Public activities by military personnel. (a) Members of the Army of the United States usually appear before the public in an official or semiofficial capacity and so contribute to the impression formed by the public. Consequently, care will be taken to differentiate between personal ideas and opinions, and official plans and purposes. Furthermore, their military status limits the extent to which members of the Army may, with propriety, make public pronouncements on political, diplomatic, legislative, administrative measures, and on matters the treatment of which tends to prejudice discipline, to involve superior officers in controversy, to interpret official publications, or to define military procedure.

(b) Within the bounds of security and propriety the writing of articles, books, and other related material intended for publication, and the engaging in public and private discussions on appropriate occasions, by officers and enlisted men, on topics of military, professional, or general interest concerning the Army, or in the interest of the national defense, are authorized and desirable.

(c) Literary activities of military personnel not covered by paragraphs (a) and (b) of this section are limited only by the dictates of propriety and good

AUTHORITY: §§ 105.1 to 105.27, inclusive, issued under R.S. 161; 5 U.S.C. 22.

SOURCE: §§ 105.1 to 105.27, inclusive, contained in AR 380-5, Mar. 6, 1946, 11 F.R. 3293, except as noted following provisions affected.

§ 105.1 Definitions-(a) Classified military information. Classified military information is military information which requires grading to indicate the degree of precaution necessary for its safeguarding.

(b) Documents. Any form of recorded information. The term "document" includes printed, mimeographed, typed,

photostated, and written matter of all kinds; charts, maps, relief maps, photomaps, and aerial photographs and mosaics; drawings, sketches, notes, and blueprints, or photostatic copies thereof; photographs and photographic negatives; recorded engineering data; correspondence and plans relating to research and development projects; and all other similar matter.

(c) Engineering data. The term "engineering data" comprises drawings, blueprints, photostats, photographs, mathematical calculations, formulas, processes, and all similar items that can be reduced to documentary form.

(d) Foreign government. The term "foreign government" includes any recognized or nonrecognized government and any faction or body of insurgents within a country with which the United States is at peace.

(e) Matériel. Any article, substance, or apparatus. The term "matériel" comprises military arms, armament, equipment, and supplies of all classes, both complete and in process of development and construction, models that show features in whole or in part, design, mockups, jigs, fixtures, and dies, and all other components or accessories of military equipment.

(f) Photomap. A reproduction of a photograph or mosaic upon which grid lines, marginal data, and place names may be added.

(g) Technical information. "Technical information" shall be deemed to include information on weapons and equipment, including instructions on maintenance and operation and any descriptive matter or components. It further includes means of manufacture, techniques, and processes of weapons and equipment, together with information pertaining to the various sciences relating to weapons and equipment and to direct and indirect measures which may be employed in warfare. Information of a strategic or tactical nature is specifically excluded from the meaning of this term as are "user" aspects such as functioning and general instructions for tactical use and employment.

(h) Troop movements. The term "troop movements" applies to the moving of units.

(i) Visitor. As used in this part a visitor is any person admitted to a Gov

ernment or civilian establishment or area in which classified work or project is being conducted for the War Department except:

(1) A person employed on the work or project, or

(2) A person directly and officially concerned with the work or project.

§ 105.2 Right to possess classified military information—(a) Dissemination of classified matter. No person is entitled solely by virtue of his grade or position to knowledge or possession of classified matter. Such matter is entrusted only to those individuals whose official duties require such knowledge or possession.

(b) Responsibility. The safeguarding of classified military information is the responsibility of all military personnel, civilian employees of the War Department, and of the management and employees of all commercial firms engaged in classified work or projects for the War Department. Classified military information will be disclosed only to military or civilian personnel having a legitimate interest therein.

§ 105.3 Loss or subjection to compromise. Any person in the military service or in its employ who may have knowledge of the loss or subjection to compromise of top secret, secret, confidential, or registered documents, or articles of matériel, or restricted codes or ciphers will promptly report that fact to the custodian of the document or matériel who, in turn, will notify the proper commanding officer. The proper commanding officer will notify the office responsible for its issue by the fastest means available, and will then make a thorough investigation of the circumstances, fix the responsibiilty, and send to The Adjutant General through military channels a report with his recommendations in the case.

§ 105.4 Photographs or other reproductions of classified matter. Photographs or other reproductions of classified features of military equipment or of other classified items will be made by members of the military service, by civilian employees of the War Department, or by civilians specifically authorized by proper authority to photograph or reproduce such classified matter, only when necessary in the conduct of their official duties. Agencies of the War De