ALLIED MILITARY GOVERNMENT 1 3 CORPS VENEZIA GIULIA & THE ALLIED MILITARY GOVERNMEMT GAZETTE Mo. 2 — 1 O 1945 Published by the Allied Military Government under the Authority of the MILITARY GOVERNOR Editorial® Librario, Trieste - 1945 CONTENTS ALLIED MILITARY GOVERNMENT SECTION PART I 71 *■ TRIESTE Page No. Administrative Instruction................................ 3 General Order No. 13 (Epuration of the Professions)...... 7 Order No. 8 (Insurance contingency fess)—................ 11 Notice No. 1 ................ 12 Notice No. 2 ................ 12 Notice No. 8 ................ 12 Notice No. 5 ................ 13 Notice No. 7 ................ 13 Administratine Order No. 1 .............................. 14 Administrative Order No. 2 .............................. 14 Administrative Order No. 3 .............................. 14 Administrative Order No. 4 .............................. 15 GORIZIA Page No Aerea Order No. 1.......... 18 Aerea Order No. 2.......... 18 Aerea Order No. 3.......... 18 Aerea Order No. 3A ........ 18 FOLA Page No. Administrative Order (Commission of épuration) .......... £0 Aerea Order No. 1 (Removal of property from premises).... 20 Administrative Instruction Fees and conditions for the publication in, and sale of the Allied Military Government Gazette 1. Pursuant to Article V of Proclamation No. 7, tlie following fees and conditions are prescribed for the publication in, and sale of, the Allied Military Government Gazette: a) PUBLICATION. The Gazette will be regularly published on the 1st and 15st of each month, and such special issues may be published as necessary. b) SALE. Copies of the Gazette will be transmitted to each Area President within the Territory, who will make same available for purchase by the General public at the following prices: For the 3 translations of the Gazette, bound together 50 Lire per copy; For one translati on, whether in English, Slovene or Italian, 20 Lire per copy. The Gazette shall be sold only by those persons authorised by the Allied Military Government. The Gazette will be furnished, through each Area President, to the various Governmental authorities free of cost. c) INSERTION OF LEGAL NOTICE. Article II of Proclamation No. 7 provides that „All acts, deeds, instruments, notices, and other matters which by the laws of the territory in forces on the 8th September 1943 are required to be published in an official communication shall be published in the Gazette“. Any private person or company who proposes to insert any material, as required, in the Gazette shall deliver a typewritten copy thereof to the Area Legal Officer together with a postal vaglia or an assegno, payable to the Prefettura of Trieste, for the cost of insertion, computed at the rate of 3 Lire for each word, exclusive of punctuation. Governmental authorities or officials shall submit such material in like manner, but shall not be required to pay for any insertion. All of such material must be delivered to the Area Legal Officer not less than 10 days prior to the date of proposed publication. 15 September 1945. ALERED C. BOWMAN Colonel J.A.G.D. Senior Civil Affairs Officer TRIESTE General Order No. 13 Epuration of the Professions WHEREAS it is the policy of the Allied Military Government of those parts of Venezia Giulia which are occupied by the Allied Forces (hereinafter referred to as the Occupied Territory) to suspend certain former members of the Fascist Party from the exercise of their profession or arts ; NOW, THEREFORE I, ALFRED O. BOWMAN Colonel J. A. G. D., Senior Civil Affairs Officer, hereby Order as follows: SECTION I PERSONS TO WHOM THIS ORDER APPLIES Any person exercinsing, or entitled by law to exercise any of the professions or arts within the Occupied Territory shall be subject to proceedings under this order. SECTION 2 CATEGORIES OF PERSONS The Commissions hereinafter referred to may by written order suspend the following persons from the exercise of their professions or arts for a specified period: a) Any person who has shown that he is unworthy of serving in his profession or art, either by having participated actively in the political life of fascism or by having shown himself a consistent apologist of fascism and particularly if he has so acted when exercising the functions and duties of his profession or art. b) Any person who has obtained an appointment or promotion through favouritism of the party or of fascist officials of high rank. c) Any person who has been guilty of fascist bias or corrupt practices. d) Any person who has held the posit ion of squadrista, or sansepolcrista or antemarcia, or marcia su Roma, or Sciarpa Littorio, or who has been an officer in the fascist militia. e) Any person who after the 8th September 1943 moved to North Italy with or has pledged allegiance to or has in any way collaborated with the Republican Fascist Government, or has by means of any correspondence, assistance or intelligence collaborated with the German invaders. SECTION 3 APPOINTMENT OF CUSTODIAN OF THE ROLLS Not later than 10 days after the coming into operation of this order the Area Commissioner of the Area concerned shall appoint in writting a Custodian of all Rolls for the Professions and Arts. The appointee shall be a person who was inscribed on the Rolls of one of the professions or arts as of June 12, 1945. Such custodian immedialtely upon his appointment shall take charge of the Rolls of all of the Professions and Arts and conserve them awaiting a re-organisation of the profession or art which wil be made under the authority and orders of Allied Military Government. APPOINTMENTS OF COMMISSIONS a) Not later than 15 days after the coming into operation of this order the Area Commissioner shall appoint one Epuration Commission for the professions and arts (hereinafter referred to as the Profession Epuration Commission) in each of the Areas. b) The Profession Epuration Commission shall consist of not less than three nor more than five members, one of whom shall be designated by the appointing authority as the President. All members must have been inscribed on the Roll of membership of one of the Professions or Arts as of June 12, 1945 ; all must be citizens of integrity and anti-Fascist antecedents. Public notice of the appointment of the Commission and the address of its office must be given. c) Any person appointed to the Commision whether as President or member thereof may at any time be removed by the Area Commissioner. SECTION 5 NOTIFICATION OF ORDER Within 5 days of his appointment the Custodian of the Rolls appointed as aforesaid shall cause a notice to be served on each person who is practising one of the professions or arts (or who claims to be entitled to such privilege) that : (i) This order has come into operation in that area ; and (ii) The Profession Epuration Commission for that area has been appointed ; and (iii) That Schede Personal! must be filed as provided in Section VI of this order. Provided that the omission by the Custodian of the Rolls to give such notice shall not afford a defence to a person charged with non compliance with the provisions of Section 6 of this order. SECTION 6 LODGMENT OF SCHEDE PERSONALI a) Within 15 days from the day when public notice is given of the appointment of the Profession Epuration Commission each person who is exercising or who claims to be entitled to exercise one of the professions or arts shall complete, sign and lodge with the custodian of the Rolls a Seheda Personale on the prescribed form together with such other written material attached thereto as he desires to submit. b) Within 3 days thereafter the Custodian of the Rolls shall deliver to the Profession Epuration Commission all such Schede Personali and written material accompanying same together with a list thereof and a written statement accounting for the absence of any Schede Personali which should have been filed with him. SECTION 7 REVIEW OF SCHEDE PERSONALI The Profession Epuration Commission shall thereupon review Schede Personali together with such evidence as may be brought before it and shall determine which persons it considers to bo liable to be dealt with in accordance with the proviions of this Order and shall serve : a) Upon each of such persons a notice of the action proposed to be taken, and b) Upon the Custodian of the Rolls a copy of such notice. SECTION 8 OBJECTIONS TO NOTICES OF PROPOSED SUSPENSION Where a notice as aforesaid is served on any person such person may within 10 days lodge at the office of the Profession Epuration Commission an objection thereto which shall be in writing and may be aocompaied by such statement and documents as it is desired to bring before the Commission. PROCEEDINGS ON OBJECTION a) The Profession Epuration Commission shall consider the objection and shall, unless it is of opinion that the objection is frivilous, proceed to investigate and hear the objection. At such hearing the person by whom the objection was lodged shall have the right to appear in person or by an advocate and to show cause why he should not be dealt with in accordance with the provisions of this order. b) At such proceeding the Commission shall take into acount among other matters : (i) That any person who has after the 8th September 1943 distinguished himself in the struggle against the Germans may be excuted : and (ii) That any person mentioned in Section 2 (d) hereof may be excused if he has not in fact been guilty of any fascist partisanship or improper conduct. SECTION IQ DECISIONS OF COMMISSIONS a) At the expiration of 10 days from the service of the notice aforesaid the Profession Epuration Commission shall in every case in which no objection has been lodged make an order against the person named in the notice. b) In every case in which an objection has been lodged the Commission shall after the consideration and hearing of the objection either : (i) sustain the objection and order that the notice be cancelled ; or (ii) Dismiss the objection and make an order against the person by whom the objection was lodged. c) Copies of the order will in every case be served upon the person in respect of whom the order is made and on the Custodian of the Rolls. d) In all cases reviewed by the Commission in which the Commission decides that no order of suspension shall be made, the Commission shall make and deliver to the member of the profession or art a certificate to that effect. A copy of which shall be sent to the Custodian of the Rolls. Provided however that the making and delivery of such certificate shall not preclude the Commission from reconsidering the case at a later date and making such orders including one of suspension as it deems fit and proper. SECTION 11 EFFECT OF AN ORDER a) An order made against any person suspend that person from the date of said order from the exercise of his profession or art. b) No person who has been suspendeds as the result of an order made under the provisions of this General Order may (subject to Section 12 of this Order), exercise any other profession or art or be employes in any administration or undertaking included within the provisions of General Order N. 7 during the period for which suspended without further order of the Commission which made the suspension order. SECTION 12 RIGHT OF APPEAL Every person against whom an order has been made under the provision of this order shall have theright to appeal to the Territorial Epuration Commission of Appeal established under the provisions of General Order N. 7 and said Commission of Appeal for the purposes of this order is hereby vested with all the powers, duties and functions given under the terms of General Order N. 7. In hearing and acting upon appeals under this order a majaority of those members of the Territorial Epuration Commission of Appeal who hear and act upon any case shall be members of one of the Professions or Arts. MISCELLANEOUS PROVISIONS a) At the hearing of an objection, a Commission shall: (i) Have power to administer oaths. (ii) Exercise the powers conferred on a Court of Law by Articles 338, 342 and 343 ofjhe Italian Code of Penal Procedure to the extent necessary for the purposes of this order. (iii) Have power to make such rules subject to their prior approval or otherwise by the Area Commissioner and do all such acts as shall be necessary for the purposes of this order. b) No stamp duty of any kind shall be payable upon any Scheda Personale, objection, notice, order, or other document used or required for the purposes of this order. SECTION 14 OFFENCES Any person who: a) Being required under the provisions of this order to complete, sign and lodge a Scheda Personale fails either to complete or to sign or to lodge such Scheda Personale ; b) In any Scheda Personale, objection or other document makes any false statement, knowing the same to be false ; c) Gives false evidence before a Profession Epuration Commission or before the Territorial Epuration Commission of Appeal ; d) Offers, seeks, gives or receives a bribe in connection with any matter covered by this Order ; shall bo guilty of an offence and upon conviction by an Allied Military Court may be punished by imprisonment or fine or both as such Court may determine. SECTION 15 SAVING OF THE POWERS OF ALLIED MILITARY GOVERNMENT Nothing in this order shall derogate from or affect the powers of the Allied Military Government in the Occupied Territory and those powers may at all times be exercised as if this Order had not been made. SECTION 16 EXTENT OF ORDER AND EFFECTIVE DATE This Order shall come into operation in each area or part thereof within the Occupied Terrotory on the date of its publication therein. Dated in TRIESTE this 30 day of August 1945. ALFRED C. BOWMAN Colonel J.A.G.D. Senior Civil Affairs Officer Order N. 8 Insurance contingency fess WHEREAS, it is desirable to clarify the law with respect to the payment of insurance con tingency Fees in those parts of Venezia Giulia occupied by the Allied Forces (hereinafter referred to as Occupied Territory), NOW THEREFORE, I, Alfred G. Bowman, Colonel, J. A. G. D., Senior Civil Affairs Officers, hereby Order SECTION J. The provisions of the following Decree Laws, relating to the blocking of prices of goods and services, will not apply to insurance contracts : No. 953 of 19 June 1940, No. 142 of 12 March 1941. and No. 100 of 11 March 1943. The last paragraph of Article 1 of Decree Law No. 142 of 12 March 1941 is hereby an-nuled with respect to insurance companies. SECTION 2. All institutions and enterprises engaged in insurance as prescribed in Decree Law No. 966 of 12 April 1923 (converted into law on 17 April 1925, No. 473) are hereby authorized to charge and collect under insurance contracts now in force a contingent fee to be calculated on the amount of premiums and accessories payable under the provisions of insurance policies, excluding duties and taxes, not to exceed the following : a) For all kinds of life insurance, except group insurance, six per cent. b) For insurance in the elementary branches, excepting hail and marine insurance, twenty-five per cent. SECTION 3. Contingency fees heretofore collected by the aforementioned institutions and enterprises up to the effective date of this order shall not be claimed, nor constitute the basis for a claim, by any insured unless the fees so paid exceed the following maximum amounts to be calculated in the manner prescribed in Section 2 : a) For ordinary life insurance, excluding group insurance, four percent. b) For popular life insurance, three percent. c) For insurance in the elementary branches, excluding hail and marine insurance, fifteen per cent. SECTION 4. Contingency fees heretofore collected by the aforementioned institutions and enterprises up to the effective date of this order on group life insurance contracts and on hail and marine insurance contracts shall be refunded to the insured when claimed. , SECTION 5. Any person violating any provision of this Order shall be deemed to have Committed an offense and shall ba subject to prosecution and punishment as provided my Section 650 of the Penal Code. SECTION 6. This Order shall become effective on 1 September 1945. ALFRED C. BOWMAN Colonel J.A.G.D. Senior Civil Affairs Officer Notice No. 1 Notice is hereby given for the information of the public that all proclamations, general orders, or other legislative measures published prior to 12th June 1945 by the Allied Military Government in certain part of the territory of Venezia Giulia are without force or effect as and from 12th June 1945. Dated in Trieste this 12th day of June 1945 NELSON W. MONFORT Colonel, G.S.C. Senior Civil Affairs Officer Notice No. 2 It is hereby notified for public information that the undermentioned police units in those parts of Venezia Giulia in which the Allied Military Government has been established, (hereinafter referred to as the Territory) have been disbanded by the Allied Military Government: DIfesa Popolare Carabinieri Reali Guardia di Finanza Questura Guardie Municipali Corpo Forestale Any other Police Force of an auxiliary nature formed for the purpose of performing civil police duties. And from the date of this notice, the only Police Force having authority in the Territory will be the Force acting under the orders of the Allied Militaiy Government and no other. Attention is particularly directed to Section 34 of Article V of Proclamation No. 1 which makes ,it a serous offence for any person falsely to pretend to be acting under the authority of tc Allied Military Government. Dated at Trieste this 14th day of June. 1945. NELSON W. MONFORT Colonel, U. S. A. Senior Civil Affairs Officer Notice No. 3 It is hereby notified for public information that the Allied Military Government has decided that such members of the Guardie Municipali as have been enrolled in the Allied Military Government Police Force will, as and from 1st July 1945, resume the duties previously performed by them as members of the Guardie Municipali. The Allied Military Government Police Force will wear distinctive uniforms, but pending their arrival each of the persons aforesaid is authorized to appear in his original uniform while in the execution of his duties. In addition, he ill wear on his left arm above the elbow an arm-let on which appear the following words and the number allotted to him: CIVIL POLICE Authorized by Allied Military Government together with the official stamp of the Allied Military Government. Dared at Trieste 30 June 1945. NELSON W. MONFORT Colonel, U. S. A. Senior Civil Affairs Officer Notice No. 5 APPLICATION OF SOCIAL INSURANCE TO WORKERS ENGAGED BY THE ALLIED FORCES With effect from 13th June 1945, arrangements have been made by the Allied Military Government to admit you and your family to the benefits of social insurance for invalidity and old age, unemployment, tuberculosis, marriage and birth, industrial accidents and occupational diseases. To obtain such benefits you must apply to the appropriate Insurance Institute tran-smittimg with the application an appropriate certificate that will be given to you by the Allied Forces command. This certificate must be requested by you, both in the case of a contingency giving you the right to immediate benefit and in the case of your ceasing to Work. In the latter case, the certificate is of great importance to your future rights to social insurance benefits, and therefore you should present it promptly to the National Social Security Institute, so that in calculating your insurance, provision can be made to take into account your period of work with the Allied Forces. For this reason it is to your interest to look after the presentation of the certificate and to take care not to lose it, since duplicates are not issued. On the cessation of work you must register at the local Labor Office. Trieste, 26 July 1945. ROBERT M. ALBRIGHT Maj A. U. S. Chief Labor Officer Notice No. 7 In spite of instructions issued by the Allied Military Government forbidding the epu ration of any persons by unauthirzed committees, it has come to notice that a number of em ployees are still being dismissed under the guise of épuration. Notice is hereby given that no épuration will take place other than under legal enactments which will shortly be issued by the Allied Military Government and that until such issue, no further dismissals purporting to be made as a result of épuration proceedings will take place. Dated in Trieste this 11 day of July 1945 ALFRED C. BOWMAN Colonel, J. A. G. D. Senior Civil Affairs Officer Administrative Order No. 1 Pursuant to the provisions of General Order No. 2, HTJGUES GUIDO is hereby appointed Area President of the Area of Gorizia with all the powers and subject, to all the duties set forth in Section 2 of such General Order. This appointment shall take effect immediately and shall be operative until further Order. Dated in Trieste this 8 day of September 1945. ALFRED C. BOWMAN Colonel J. A G. D. Senior Civil Affairs Officer Administrative Order No. 2 I, ALFRED C. BOWMAN, Colonel, J. A. O. D„ Senior Civil Affairs Officer of those parts of Venezia Oiulia which are occupied by the Allied Forces do hereby Order that DALLA ZONCA GIOVANNI be and hereby is temporarily and provisionally ap pointed to act as Judge of the Tribunale of Pola and serve until the further order of theA llied Military Government with the salary and allowances of a magistrate of Grade VI. This order shall be effective on, from and after the date upon which it is signed by me. Dated in Trieste the 11 day of September 1945. ALFRED C. BOWMAN Colonel, J. A. G. D. Senior Civil Affairs Officer Administrative Order No. 3 I. ALFRED C. BOWMAN, Colonel, J. A. O.D., Senior Civil Affairs Officer of those parts of Venezia Oiulia which are administered by the Allied Military Government do hereby Order that LENZONI ANTEO be and hereby is temporarily and provisionally appointed to act as Judge of tho Tribunale of Pola and serve until the further order of the Allied Military Government with the salary and allowances of a magistrate of Grade VIII. This order shall be effective on, from and after the date upon which it is signed by me Dated in Trieste the 15 day of September 1945. ALFRED C. EOWMAN Colonel, J. A. G. D. Senior Civil Affairs Officer Administrative Order No. 4 I, ALFRED C. BOWMAN, Colonel, J. A. G. D., Senior Civil Affairs Officer of those parts of Venezia Giulia which are administered by the Allied Military Government, do hereby Order that IANCHI ANTONIO, a Counsellor of the Court of Appeal of Venezia Giulia be and hereby is placed on leave until the further order of the Allied Military Government or the Competent Epuration Commission. This order shall be affective on, from and after the date upon which it is signed by me. Dated in Trieste the 17 day of September 1945. ALFRED C. BOWMAN Colonel, J. A. G. D. Senior Civil Affairs Officer GORIZIA Area Order No. 1 It is hereby ordered that the President of the Executive Committee Circondariale of Gorizia (by Circondario, in this instance, is meant that portion of Gorizia Province under Allied Military Government Control), shall have and possess all the powers hitherto possessed by a Prefect of a Province under Italian Law. This order shall take effect immediately and shall be operative until further order. Gorizia, 26th June 1945. H. B. SIMS ON Lt. Col. Area Commissioner Area Order No. 2 JOŽEF ŠTRUKELJ is hereby appointed President of the Executive Committee Circondariale of Gorizia (by Circondario, in this instance, is meant that portion of Gorizia Province under Allied Military Government Control), to hold such office until further notice. Gorizia, 26th June 1945. H. B. SIMSON Ltd. Col. Area Commissioner Area Order No. 3 It is hereby ordered that the President of the District Committee of the District of Gorizia, (the District of Gorizia comprising the Commune of Gorizia), shall have and possess within such District of Gorizia, all the powers hitherto possessed by a Sindaco of a Commune under Italian Law. This Order shall take effect immediately and be operative until further order. Dated : 2 July 1945. H. B. SIMSON Ltd. Col. Area Commissioner Area Order No. 3 A KAROL Dr. RUTAR is hereby appointed President of the District Committee of the District of Gorizia (the District of Gorizia comprising the Commune of Gorizia).. to hold such office until further notice. Dated: 4th July 1945. H. B. SIMSON Lt. Col. Area Commissioner 1 • POLA Administrative Order Commission of épuration I, Lieutenant-Colonel, E. S. ORPWOOD, Royal Berkshire Regiment. Area. Commissioner of Pola hereby appoint Giuseppe Bacicchi to be a Member of the Commission «f Epuration in the place of Giorgio D a gri. Dated 12th September 1945. E. S. ORPWOOD Lieutenant -Colonel Area Commissioner - POLA Area Order No. 1 Removal of property from premises STo person will remove furniture office equipment or other property from any premises other than premises occupied by himself in the Allied Military Government territory of POLA without a permit in writing from the Allied Military Government. Any person found disobeying this Order may be tried and if convicted punished by the Allied Military Courts. Dated at Pola this 20th day of Juno 1945. E. S. ORPWOOD Lieutenant - Colonel Area Commissioner POLA Area