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

their action, and under whose orders
they shall be placed. IL would seem
that the troops having been called by
the state to It, aid, they should be under
some sort OF control by the state author
tiles This, however, is not true. The
force does not act under the orders OF
the governor or other state official,
either civil or military, but under the
orders Of the President and It's own Off.
GERS.
This question came up in the riots OF
1877. Troops sent TO West Virginia and
some other states, upon request were
ordered to report to the state executives
Tor directions. They were instructed to
act under orders Of the governors The
idea appeared to prevail in the states
concerned, and at Washington, that the
troops were to be turned over to the
governors. The discussion which FOL,
lowed this novel method proves that the
position Is untcnablc, and has been
abandoned. The opinions on the subject
are unanimous. General OTIS Ia the
CHiied .Nfyyict I0WHaL said: we can.
not discover any authority for this pro-
ccCding. Neither the Constitution nor
Congress ever expressly authorized the
President to turn over troops to the gov.
errors %. states. Ine United States IN
participating does so rs the superior or
controlling force, not as a subordinate.
General Hancock thus expressed him.
self! When u the army is employed
TOT state protection, the President must
employ it, and must either himself be
present IN person to command %. or
place Il IN charge OF one OF his duly
commissioned officers whom the Law
has given him Tor such purposes, aud
who is obliged to direct it according to
general instructions" Winthrop says.
Though employed in a qudsi.ciyIl
capacity and Tor local and temporary
object, they are still United States troops,
representing the sovereignty Of the
UutcdStates, and can duly act only under
command aud direction Of the President
aud their own officers. Their action,
however, should IN general be In concert
with the action and views OF the state
authorities. While they should OF course
move aud operate with ptumptiludi and
efficiency. no more military power than
Is reasonably required should be resort.
ed TO. nor the disorderly element be
treated like an enemy In war unless the
emergency Is such as to demand cN'
IRENE measures. The commanding oil.
Ger IS liable 10 coufl.mauial tor failure
TO properly support the state officials
Troops once engaged IN suCh duties
should be Withdrawn by order OF the
President, or other competent military
commander. 1t Is no more obligatory
TO Withdraw them on demand than It IS
to furnish them. A lesson on this subject
may be learned from the acton taken
by General MCCo1k in March, 1901.
There was, In Denver, case OF domas-
tic violence, aud all preparations had
been made tot desperate collision OF
arms between the governor OF the state
and the sheriff OF the county and the
police board. The general says that he
perceived ON the afternoon OF March
18th that a conflict was imminent ~ the
city hall. and that the htst shot would
be the signal iOr a bloody riot The
mint ami Federal buildings which we're
a few blocks away, were Ia danger. AT
| S 20 p. m. that day he received letter
] irom the governor concluding with these