Omaha daily bee., 1896-03-21
LAWS GOVERNING THE ARMY
Lieutenant Van Liens Lecture Before Law
Students Association.
HOW TO ACT IN DISPENSING MoBS
Greatest Caution ACCOMPLISHMENTS
tions from civil Authorities should
lie Sought and Adhered To
Martial Law.

Lieutenant Van Lieu, u. S. A., Delivers
an address on Military Law" last even.
ing before the Omaha Law Students as
ISOLATION in the Young Mems Christian as
ISOLATION hall. The Thurston Rifles were
present in a body as the guests OF the la"
students. The address dealt only with the
elementary portions of the subject, and II
was interesting on that account. A selec'
ton of incidents illustrating the various
points of the lecture added to the value OF
the address as well as to the pleasure OF
listening to 1t.
Lieutenant Van Lieu said that the United
States army was the peoples army and
must be used for their best interests. He
discussed the manner in which 1t may be
called into service and how employed. He
enumerated the constitutional provisions FOL
calling out the military or naval force oil
the government, or the militia OF any OF the
states. He said that in case of riot any
citizen had a right to help suppress the
disturbance, and that the right which was
thus accorded private citizens could scarcely
be denied military organizations. But, ne
added, prudence demands that greater care
be employed in calling the military power
into action than private citizens.
In speaking of the assumption OF power
by military officers in times of great dan
ger he narrated the circumstances OF the
struggle between General Lyon and Gov
ernor Jackson of Missouri just before. the
outbreak of the rebellion. General Lyon
at that time, acting solely on his own re-
sponslbility, without any authority whatso-
ever, secured control of arms and ammu-
milton that had been collected for the use
of the confederates, and saved Missouri to
the union. The lecturer thought that en-
yironments had more or less to do with de-
termining the course of action to be pur-
sued in time of trouble. Proceedings that
might be all right in Texas would not be
proper in New York or Pennsylvania
The lieutenant spoke at considerable
length on martial law and thoroughly ex-
planned the meaning of that term. me
supreme court used the expression, mar
tial rule" He thought that was more APP
propriate than martial law.
The duties of officers when their organ
~izations are called upon to disband mobs,
said he, are exceedingly delicate. The mobs
usually contain a respectable element which
is seeking the redress of some grievance,
By the end of the first day this element
has generally withdrawn or been forced
out by the more desperate ones. The off
GERS need to exercise more than usual cau-
ton in dealing with mobs for fear of over
stepping the legal bounds. Only recently
an officer was on trial because his company
had killed several rioters. The officer in
such times should always look for his in
structions from the civil officer who has
called for the military. The military Off
GER should endeaVor 10 nave all MS oruefS
from the civil authorities In writing. If
this is not possible he should be accom-
panied by several members of his staff
who can bear witness concerning the instruc-
tions he has received. No blank cartridges
should be furnished troops who have to deal
with mobs. The first rioter who throws a
missile or who fires a shot should be fired
upon, not by an entire company, but only
by certain ones ordered to do so.
In conclusion Lieutenant Van Lieu spoke
OF the history and the jurisdiction of courts
martial Conflict between civil and military
courts are not rare occurrences. A soldier
may be tried by a civil court for a penal
offense and a jury may acquit him. The
military may then take up the matter, the
court martial rendering its decision with
out reference TO the decision of the civil
court.