Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-06

the execution Of the process Of United
States courts. This was construed to
be authorized in the judiciary act Of
September 74th, 1889; THE marshal
shall have power to command all
necessary assistance In the execution OF
his duty" Aud this authority to call
out the military was frequently resorted
to. Military commanders received de-
tailed instructions as to their conduct.
It was held that the secretary OF war
had authority under this act to order
troops to assist internal revenue collect.
ors In their duties when hindered by
unlawful distractions: but since the
posse comilatus act OF 1873, no such
authority seems TO exist, and the order
Tor troops would probably originate
with the President as tn other cases.
The civil rights bill, entitled. IAN
act to protect all persons In the United
States in their civil rights and furnish
the means OF their vindication," passed
April 9th, 1866, over the Presidents veto,
provides tor the calling cut OF the
military by subordinate civil officers.
The circuit and superior territorial
courts are commanded to increase the
number OF their commissioners, and
these commissioners have authority 10
appoint under their own hands, suitable
persons from time 90 time, and these
suitable persons have authority to
summon aud call to their aid such
portion OF the land and naval forces Of
the United States as may be necessary
to tue performance Of their duty in
conformity with the act. This gives a
greater scope than any other law, for
the use OF troops In a civil capacity.
The persons authorized to call out the
troops are simply designated Suitable
persons" They are appointed without
limit and without question by com.
missiOners who are also without limit.
Section o OF the act also makes il law
iul Tor the President, or such person as
he may empower Tor that purpose, to
employ the army, navy and militia to
prevent violation OF the act, and enforce
the execution OF 10. Thus the military
are authorized to take the Initiative
when and where the President may
designate, without regard to the civil
authorities.
The Ku KluS bill followed five years
later, April goth, 1874. II was directed
against certain lawless, armed and dis.
guised parties and their sympathizers,
aud is intended to enforce the provisions
OF the Fourteenth Amendment TO the
Constitution. 1t provides for a liberal
use Of troops. aud differs somewhat
from the other laws on the subject, Ia
that Il not only makes Il A1HyAI for the
President TO call out the military, but II
Is his duty 10 do so, and to employ them
to enforce the act. In General Orders
No. IS, A. G.. %. 1871, the President
directs that the regular forces stationed
in the vicinity Of any locality where this
law Is violated, be used by their com.
mandets for the purpose. Thus, again
the local military commanders are
authorized and commanded to act with.
out waiting tor the civil authorities.
By the act Of June 18th, 1873, IL was
intended to materially restrict the Use OF
troops IN civil affairs. at shall not be
lawful to employ any part Of the army
OF the United states as posse comitauis
or otherwise, tot the purpose vi execut.
ing the laws, except IN such cases, and
under such circumstances, as such I'm.