Evening star., 1900-02-01
TO KEEP HANDS OFF
Federal Troops Not Likely to Go to
Kentucky.
MATTER is OPTIONAL WITH PRESIDENT
Can Disregard the Appeal Of the
States Executive.
THE LAW IN THE CASE

-
No call for federal troops has yet been
| received from either side in the great po-
| ltical contest in Kentucky. Moreover the
officials of the War Department see no rea-
son to expect an application at this time.
and probably not at all. The official view
| is that the contest in Kentucky is purely
a state matter, and, up to this moment, 1t
| has presented no features that would war;
rant the Intervention of the United States
government.
The exact functions of the United States
army, when acting within a state, have
| been most carefully defined and set out In
| General Order 26, promulgated July "A.
| 1894. Maj Gen. Schofield at that time
commanded the army, and although d man
| of notable legal attainments himself he
was not satisfied until he had obtained the
best professional advice in the preparation
Of this order. Because of the doubt and
| perpleXities that surrounded the use of the
United States troops during the Chicago
outbreak, it was deemed proper to lay
down safe and certain guide for the
junior officers thereafter; hence the issue
of General Order 26.
When Troops May he Sent Without
Reuuisition.
Under the terms of this order, the govern
ment of the United States can, of its own
volition, use the federal troops within
state only when "insurrection, domestic
violence. unlawful combinations, or conspi-
racies in any state so obstructs or hinders
the execution of the laws thereof, and OF
the United States, as to deprive any portion
| or class of the people of such state of any
of the rights, privileges, or immunities, or
prot ection, named in the Constitution, and
secured by the laws for the protection of
such rights, privileges or immunities, and
the constituted authorities of such state are
unable to protect, from any cause, fail
in, refuse protection of the people in
such rights etc. 1t does not appear TO
the officials here that the conditions de-
scribed in that statute now exist in Ken
lucky.
Optional With the President.
Another case in which the United States
troops might be employed is set out in the
order as under section of article of the
United States Constitution. This guaran-
| tees every stats- republican form of gov
| ernment, and protection against domestic
violence, Ion application of the legislature
| or of the executive twhen the legislature
cannot be convened)."
Under this section of the Constitution was
| drawn section 5237, Revised Statutes. au-
thorizing the. President to employ troops in
case of an insurrection of any state against
the legislature Of such state, of the eX-
ecutive thereof when the legislature can
| not be convened
1t will be noticed in all of the cases above
noted in which troops may be employed,
| the President is allowed to exercise his dis
/ creuon in meeting the request; it is not
mandatory upon him to accede to it. Were
| this not the case, upon the President after
/ all might be placed responsibility for a de-
| cfsion between the rival claimants for the
Kentucky governorship.
President Relieved From Deciding.
Assuming that the legislature has been
! legally adjourned by Gov. Taylor, and that
| 1t cannot be reconvened before the date
| specified In his proclamation. either of the
persons claiming to be governor of Ken
| lucky nigh. Coll upon the President for
troops. and thus oblige him to decide the
| issue, had he not the reserved right to de-
| cline to meet either request A like situa-
tion might arise should two legislatures be
| organized, contingency which is looked
] upon as extremely probable by the officials
here.
To Refrain From Intervention.
So 1t may be stated that the position of
| the administration in its decision to refrain
| from intervention in Kentucky remains un-
| shaken by any of the events of the past
| twenty-four hours, and in all likelihood the
! only happening which could induce the Or
| dering Of troops into the state would be an
| assault upon United States property or the
| courts or mails. or interstate commerce
| and even in such case it is positively de-
! clared on the highest military authority
that the troops would not be used to further
| any interests in the state or to meddIe in
its politics, or for any other purpose than
the defense of The United States interests.
Constituting the Constitution.
1t cannot be learned that the change
| In the situation in Kentucky resulting from
| the adjournment of the legislature has al
| tered the views of the administration as to
the wisdom and necessity for Intervention
with troops in the state affairs. There is
| a deal of ignorance here as to the exact
provisions Of the Kentucky constitution
| relative to adjourrments and recesses, and
| much depends upon that point.
One member of the administration assert
| ed, regardless Of the Technology employed
| i'll the news dispatches, that the legislature
| vas technically in a state of recess. If that
| be true, of course tLe' power to call for
| troops could not be exercised by the gov
| erEor at this time.
| Another member pointed out that even
assuming that the legislature stood ad-
| Jcurned, yet the United States Constitu-
| ton provided that the governors call could
| be recognized only when the legislature
| could not be convened. and he wanted to
| know If 1t was asserted that this state of
| facts existed.
When the point was made that the
| United States troops might go into Ken
| lucky without call to protect the property
| of the United States and the mails, and
| interstate commerce. it was suggested that
| so far 1T had not been shown that any of
| these interests were even remotely endan-
gered by the developments at Frankfort
| Altogether as already stated, it is appar-
| ent that, lacking entirely the disposition to
use troops in behalf of either party to the
| complication in Kentucky, the administra-
ton would be moved from its present posi-
| ton only by some exceedingly radical
change in the condition Of affairs.
Nearest United States Troops.
In the remote possibility that federal
| troops may be needed for the restoration
| Of peace and good order in the state of
Kentucky the government would be obliged
to go as far as Jefferson barracks, St.
Louis, for them. The nearest post to
Frankfort is Fort Thomas. where there are
only four companies of the I'd Infantry.
There is battery of artillery and four
companies of the 5th Infantry at Fort
Sheridan, Chicago; one company of the 7th
4 Tv,fo v,frv OF ah,,cI Ivor roobS