New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-28
WHEN TROOPS MAY BE USED.


THE WAR DEPARTMENT ISSUES AN ORDER IN
srR1,cTrNG ARMY OFFICERS on THE POINT.
WASHINGTON. July 27-General orders have been
,ssuea nv direction OF the Secretary OF War calling
the attention of all officers OF the Army to the act
Of Congress- approved June IS, 1873. declaring that
ut shall not be lawful to employ any part OF the
Army Of the United States. as a posse comita'uS
or otherwise, for the purpose or executing the
laws except in such cases and under such circufn-
stances as such employment OF said force may pe
expressly authorized by the Constitution or ny act
of Congress: and no money appropriated by this
act shall be used TO pay any or the expenses III
CURED IN the employment of any troops In Viola
ton OF this section. and any person wtuiiy Vioiat
ing the provisions Of this section shall be deemed
guilty of a msdemeanor; and. on conviction there
Of shall be punished by fine not exceeding Slo'VVo
or imprisonment not exceeding two years. or ny
both such fine and Imprisonment
The orders quote the fourth article of the Con-
sttutior ard the Revised Statutes. sections l%f.
.sS9 and 1891. referring to civil rights; sections
2lls 2l47 2i50 2lj and 2.ij2 relating 10 Indians;
section 2.iGO relating to public lands. section 4'o2
to public health section 5,275 TO extradition sec
lions 2s6 PSI and 52S to neutrality, and sections
52g7 529S and 500 to Instruction and under the
latter two sections specify he following statutes
under which United States troops may be used:
Section 1895 prohibiting the obstruction OF the
mails the first three sections OF the act OF July =,
1890 to protect trade and commerce against unaw-
full restraints and monopoes: the act OF July 2,
1861 making the Northern Pacific Railroad post
route and military road: the similar act OF July
l. 1852 relating the Union and Central Pacnc
companies; the similar act Of July 2. 1856 regard
ing the Atlantic and Pacific ana the Southern
Pacific roads. and section 551I, Revised statutes,
relating protecting guano ISLANDS. The ORDERS
close follows: ,
Officers Of the Army WITH not permit the use OK
the troops under their command 70 ala the cNii
authorities as posse comitatus or In execution OF
the laws except authorized in the foregoing
enactrents II time will admit. the Application FOR
the use OF troops for these purposes must De Tor
warded with a statement OF oil the material facts
In the case for the consideration ana acton OF me
President: but in cases Of sudden ana unexpected
invasion, Instruction or riot endang"InS tne
public property of the United states, or In cases OF
attempted or threatened robbery or interruption OF
the United States mails. other equal emergency
so imminent as 10 prohibit communication by tcle-
graph officers OF the Army may. II they mink Il
necessity exists, take such action before the re-
ceipt of Instructions from the seat or government
as the circumstances OF the case and the law urde
which they acting may JUSTIFY; In every sucn
case they will promptly report their action ana
the circumstances requiring II 10 the AdJutant-Teh-
eral for the information OF the president:
II is understood that the reasons TOT ISSUING
these orders at this time arise from me TACT nat
during the recent troubles in various parts or the
West certain Army officers proved themselves un,
familiar with recent legislation. II Is UNDERSTOOD
that the sending OF troops to oklahoma Is case
In pOnt.