“After the seizure of Mukden the Japanese Army, regardless of divided councils at home, pushed ahead to attack Chinchow, Chang Hsueh-liang’s provincial capital just north of the Great Wall. They captured the city in January 1932, driving the Young Marshal out of Manchuria. The ‘independence’ of the new state of ‘Manchukuo’ was proclaimed in February and Henry Pu-yi, last relic of the Manchu dynasty, was installed as Regent in March. The Japanese Government, under the necessity of accommodating to the stranglehold of the Army and Navy ministers, was dragged forward by faits accomplis and by the blackmail of violent nationalism. Because it was anxious not to give the League of Nations or the signatories of the Nine-Power Treaty a reason to declare that a state of war existed between Japan and China, Tokyo attempted to legalize each forward move on the mainland as ‘self-defense’ and ‘self-determination’ by the people of Manchuria.” – Barbara Tuchman, Stillwell and the American Experience in China
“Stillwell decided to give the crowd no time to test its intentions. As the train pulled into P’u Kow, on the Yangtze opposite Nanking, he and Chao jumped off before it came to a stop, and pushing past astonished people, ran for the river feeling pursuit at their heels but not daring to look behind them. They scrambled aboard a ferry and on the other side walked slowly past suspicious glances in search of lodging. Money persuaded a fearful innkeeper to give them a room where, exhausted and dehydrated, they drank teapot after teapot. Stillwell was embarrassed to find his hand trembling when he held out his cup for more. Tension did not let down, for word of the foreign devil’s presence brought a crowd gathering in the street and Stillwell once more imagined capturing or lynching. Worry, bedbugs and fleas allowed him little sleep. In the morning came another trial of the streets, but without interference they reached the station and boarded the train for Shanghai. The journey was hot and tense. On arriving, their eyes met a huge poster on the wall showing a fat and repulsive foreigner prone on the ground with Chinese soldiers sticking bayonets into him, blood spurting out and a caption exhorting all patriots to kill the foreign swine.” – Barbara Tuchman, Stillwell and the American Experience in China
“Consider the battles of Magdhaba and Rafa, in which the British defeated the Turks. In each case the British commander made the decision to break off the fight. In each case before the order could reach the front line the victory was won. At Magdhaba it appears that a large portion of the credit should go to General Cox, who commanded the 1st Australian Light Horse. When he received the order to retire he turned on the staff officer who brought it and shouted, ‘Take that damned thing away and let me see it for the first time in half an hour.’ Half an hour later victory was assured.” – George C. Marshall, Infantry in Battle
“Time and again, numbers have been overcome by courage and resolution. Sudden changes in a situation, so startling as to appear miraculous, have frequently been brought about by the action of small parties. There is an excellent reason for this. The trials of battle are severe; troops are strained to the breaking point. At the crisis, any small incident may prove enough to turn the tide one way or the other. The enemy invariably has difficulties of which we are ignorant; to us, his situation may appear favorable while to him it may seem desperate. Only a slight extra effort on our part may be decisive. Armies are not composed of map-problem units, but of human beings with all the hopes and fears that flesh is heir to. Some are natural leaders who can be relied upon to the limit. Some will become conveniently lost in battle. A large proportion will go with the majority, wherever the majority happens to be going, whether it be to the front or to the rear. Men in battle respond readily to any external stimulus—strong leadership or demoralizing influences. Thus we sometimes see companies of 170 or 180 men reduced to fifty or sixty a few minutes after battle has begun. Such a company has not been reduced two-thirds by casualties; it has suffered, perhaps, but not in such heroic proportions. Every army contains men who will straggle at the first chance and at the first alarm flee to the rear, sowing disorder, and sometimes panic, in their wake. They tell harrowing tales of being the only survivors of actions in which they were not present, of lacking ammunition when they have not squeezed a trigger, and of having had no food for days. A unit can be seriously weakened by the loss of a few strong characters. Such a unit, worn down by the ordeals of battle, is often not a match for a smaller but more determined force. We then have a battlefield miracle. It is not the physical loss inflicted by the smaller force, although this may be appreciable, but the moral effect, which is decisive.” – George C. Marshall, Infantry in Battle
“In war, the soldier is the instrument with which leaders must work. They must learn to play on his emotions—his loyalty, his courage, his vanity, his sense of humor, his esprit de corps, his weakness, his strength, his confidence, his trust. Although in the heat of battle there is no longer time to prepare soldiers for the violent impressions of war, there are, however, two simple means by which a leader may lessen tension: He can do something himself that will give the men a feeling of security; or he can order his men to do something that requires activity and attention.” – George C. Marshall, Infantry in Battle
“Dislike or outright hatred of insurance companies is not a recent phenomenon. In may ways, this industry could qualify as the business most people love to hate. Statutes governing the insurance industry have existed since the 1800s, but the second half of the twentieth century saw the largest growth in insurance legislation. Much of the early insurance regulation was a direct response to outright corruption on the part of some insurance companies. For instance, a company might collect life insurance premium payments from an insured for years and then refuse to pay when she dies, leaving her spouse and children in financial straits. Part of this resentment of insurance companies was based on the perception that these large, faceless corporations cared more for profits than their responsibilities to their insured customers. One could argue that this sentiment is still prevalent.” – Neal R. Bevans, Tort Law for Paralegals
“One evening [Stillwell] dined at the mess of Colonel Cantau, a bald, fat officer of sixty who wore enlisted man’s cap, rows of decorations, hazed the servants, ate well and ‘doesn’t give a damn.’ It being a meatless Friday, the meal consisted of two kinds of omelet, fish and rice, vegetable salad, white and red wine, champagne, two cordials and cheese. The orderly was made to salute and announce, ‘Madame est servie.’ When Stillwell asked why Madame, the Colonel asked in turn, ‘Are you married?’ ‘Yes.’ ‘Where is your wife?’ ‘In the United States.’ ‘No, she is in your heart; therefore she is here. That is why I have him announce, “Madame est servie.” ’ ” – Barbara Tuchman, Stillwell and the American Experience in China
“The Frenchman is the ideal soldier. Not only can he fight, but he can tell you about it.” – Heywood Broun (as quoted by Barbara Tuchman in Stillwell and the American Experience in China)
“One of the German companies, led by its Austrian guide, moved forward under cover of darkness and eventually reached a large shed. Here it was halted and the men slept until morning. When dawn broke the company commander found that this shed was located about 200 meters from an Austrian battery and therefore was very likely to suffer from Russian artillery fire. He had just sized up this situation when he looked up and saw a Russian observation balloon hovering to his front. In spite of the all-too-apparent danger, he felt that the situation as a whole demanded that the presence of the Germans remain a secret. He therefore decided to keep his men hidden in the shed until the balloon went down. Almost immediately the Russians began to shell the Austrian battery. One out of every three or four rounds fell short, striking near the shed. The company commander noticed that his men were becoming increasingly nervous. Some of them on excuses of one sort or another, tried to obtain permission to leave the shed. When the captain did not allow this, the men lapsed into a sullen silence; not a word was spoken. Minute by minute the tension grew. The company commander saw that action of some sort was necessary. Therefore, he called the company barber, sat down with his back to the Russian fire, and directed the barber to cut his hair. He had the most unpleasant haircut of his life, but the effect on the men, however, was splendid. They felt that if their company commander could sit down quietly and let his hair be cut the situation could not be as bad as they had imagined. Conversation started up; soon a few jokes were cracked and before long some of the men began to play cards.” – George C. Marshall, Infantry in Battle
“A soldier pinned to the ground by hostile fire, with no form of activity to divert his thought from the whistling death about him, soon develops an overwhelming sense of inferiority. He feels alone and deserted. He feels unable to protect himself. With nothing to do but wait and with nothing to think about but the immediate danger that surrounds him, his nerves rapidly reach the breaking point.” – George C. Marshall, Infantry in Battle
“The first essential in war is an army that will not run away, which can only be assured by training. Without training, a soldier is not worth what it takes to put him in position, an officer is useless, an army is a rabble.” – Barbara Tuchman, Stillwell and the American Experience in China
“In April 1917 the United States, with an army of 133,000 men, entered the war in which the belligerents had more that six million men engaged on the Western Front alone. The European national forces were organized into armies each containing three to five corps, each corps usually consisting of two divisions. The American army had no organized military unit higher than a regiment. Although the divisional structure existed on paper, no American soldiers since the Civil War had taken the field as a division, with all the coordination of infantry and artillery, of staff and field, of intelligence and operations, that that requires. All this had to be learned and put into practice. A national army fleshed out to ten times the size of its existing regimental skeleton had to be created, which meant recruited, officered, trained, equipped, shipped overseas, assembled, supplied, coordinated in its arms and branches, and further trained before it could fight. For this task the General Staff had made no arrangements or any general plan of mobilization.” – Barbara Tuchman, Stillwell and the American Experience in China
“There are no two ways about it—patrols are the eyes of the small infantry unit. Sometimes these patrols will discover just where the enemy is and just what he is doing. This, of course, is information of the highest value. But more often than not, they will bring in only negative information; they will report that the enemy is not in such-and-such a place and is not doing this, that, or the other thing. To the intelligent leader, information of this type is frequently of the greatest importance and he will impress that fact on his patrols. As for the leader himself, he must never lose sight of the value of patrols nor allow this important duty to degenerate into a routine, slipshod, you-do-it-sergeant affair. Since the success of a battalion, a regiment, or even a division, will frequently depend on the conduct of one small patrol, patrols must be hand-picked, carefully instructed, and given a clear, definite mission. These three things play a vital part in the borderland between success and failure.” – George C. Marshall, Infantry in Battle
“Reconnaissance may never be omitted during battle. No difficulties of terrain and no exhaustion of troops or leaders should cause it to be neglected. Careful reconnaissance requires time, but unless the information acquired reaches the commander in time to be acted upon, the reconnaissance is valueless.” – German Army Infantry Regulations (as quoted by George C. Marshall in Infantry in Battle
“The core of the military profession is discipline and the essence of discipline is obedience. Since this does not come naturally to men of independent and rational mind, they must train themselves in the habit of obedience in which lives and the fortunes of battle may some day depend. Reasonable orders are easy enough to obey; it is capricious, bureaucratic or plain idiotic demands that form the habit of discipline.” – Barbara Tuchman, Stillwell and the American Experience in China
“All living generations are responsible for what we do and all dead ones as well.” – Joseph Stillwell (as quoted by Barbara Tuchman in Stillwell and the American Experience in China)
“A home mortgage is the most common example of secured debt in our society, but practically any valuable possession can secure a loan. We really do mean anything, tangible or intangible—a car, a collection of tattered law books, a debt that a third party owes to the borrower, the borrower’s rights under an esoteric contract (such as a musician’s right to receive royalties from a song each time it gets downloaded to an iPod), or a plaintiff’s rights to collect money from a lawsuit. Even a tenant’s interest in a lease or a farmer’s grazing rights on land can be pledged as collateral for a loan. Once you learn the legal power that a lender gets from having collateral, you’ll wonder why lenders ever loan money without taking a security interest.” – Nathalie Martin and Ocean Tama, Inside Bankruptcy Law (emphasis in original)
“The limits on defamation actions for statements made about public figures exist because of concerns for free speech. False statements are bound to be made in the course of vigorous public debate. One of the prerogatives of American citizenship is the right to criticize public men and measures. Such criticism, inevitably, will not always be reasoned or moderate; public figures will be subject to vehement, caustic, and sometimes unpleasantly sharp attacks. While false assertions have little value, imposing liability for all false statements relating to public figures would have a chilling effect on speech about public figures, and freedoms of expression require breathing room. Without limitations on defamation actions, destructive self-censorship would occur limiting free speech. Given the importance of the free and open exchange of ideas, a public figure is prohibited from recovering damages for defamatory criticism unless there is clear and convincing evidence the defamatory statement was made with actual malice.” – Justice Crothers, Riemers v. Mahar (internal quotes and citations omitted)
“The subordinate infantry commander has at his disposal only one sure means by which he may secure timely and vital information—infantry patrols. A well organized and properly conducted infantry patrol may operate successfully in spite of unfavorable weather, poor visibility, and difficult terrain. Successful patrolling demands the highest of soldierly virtues. Therefore, the selection of personnel for an important patrol must not be a perfunctory affair. The men should be carefully selected and only the intelligent, the physically fit and the stout of heart should be considered. One careless or stupid individual may bring about the death or capture of the entire patrol or cause it to fail in its mission. The moron, the weakling and the timid have no place in this hazardous and exacting duty.” – George C. Marshall, Infantry in Battle
“A frontal assault against wire and machine guns produces nothing but casualties—and a few medals for bravery among the survivors.” – George C. Marshall, Infantry in Battle
“I am guilty of the most serious crimes you can be guilty of in America: I was born poor and black” – Ralph Poynter (as quoted by Jean Stevens in “In Defense Of”)
“The original judicial approach [to products liability law] had favored the corporation under the theory that fledgling manufacturers needed time and resources to develop their products. The theory was that this ‘breathing space’ would help the United States develop economically, and this increase in overall economic health would essentially work its way down to every member of society. In practice, exactly the opposite occurred. The manufacturers and corporations, like spoiled children, indulged themselves and failed to apply their profits toward improved safety and better design of products. In an environment in which profits are the only yardstick, all other considerations, even those concerning injuries to consumers, take a back seat.” – Neal R. Bevans, Tort Law for Paralegals
“The rescue doctrine is a rule of law holding that one who sees a person in imminent danger caused by the negligence of another cannot be charged with contributory negligence in a non-reckless attempt to rescue the imperiled person. The doctrine was developed to encourage rescue and to correct the harsh inequity of barring relief under principles of contributory negligence to a person who is injured in a rescue attempt which the injured person was under no duty to undertake.” – Justice Murray, Ouellette v. Carde
“As the infantry nears the hostile position the supporting fires are forced to lift. Then must the riflemen themselves furnish both the fire and the movement. At this stage, fire without movement is useless and movement without fire is suicidal. Even with both, the last hundred yards is a touch-and-go proposition demanding a high order of leadership, sound morale, and the will to win.” – George C. Marshall, Infantry in Battle
“And so, at the appointed hour, this brigade of 6,000 highhearted and determined men stood up and at the word of command fixed their bayonets, shouldered their rifles, and marched forward in quick time and in step to assault an intrenched enemy armed with machine guns. One can only surmise the thought in the minds of those German gunners as they saw the dense and serried waves of skirmishers marching stolidly toward them. As the leading wave approached the German position the French artillery lifted and the enemy’s artillery, machine guns and rifles opened with a concerted roar. The leading wave went down, the others surging forward were literally blown apart. In a matter of minutes the attack had melted away. A few men reached the wire in front of the German position, but there they were forced to take cover in shell holes. The entire brigade, nailed to the ground by a merciless fire, could do nothing but wait for nightfall.” – George C. Marshall, Infantry in Battle
“So long as anyone, including the commander, can walk, crawl, or roll, an infantry unit is not ‘out of communication.’ ” – George C. Marshall, Infantry in Battle