The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-09-22
HOOvER'S CALL
TO U. S. TROOPS
limited ILLEGAL
lSIX DISAPPEAR; NEVER RETURN II
Should Have Warned Bonus
Army First, Contention
of Many Experts.

By Scripps-HoioGrd Newspaper Alliance
WASHINGTON, Sept. 22.-The
issuance of a proclamation by the
President before he calls federal
troops to quell rioters is one of five
distinct steps prescribed by Jaw,
according to the study of federal
aid in domestic disturbances, pre-
pared in 1903 under the direction
Of Major General Henry c. Corbin,
then acknowledgement of the army.
This study is attracting attention
because of the belief that the
legality of using troops against
bonus marcherS here last July may
be questioned if the proposed con-
greSsional investigation is ordered,
There may be other laws that
apply in the bonus marchers' case.
but the one generally pointed to by
legal students here is that which
provides that the President shall
forthwith" issue a proclamation.
commanding the insurgents to dis
perSe.
In the bonus case, no proclama-
ton was issued before or after
troops were called.
If the original law had been left
unchanged, there would be no cues
ton whatever about the necessity
Tor issuing a proclamation before
calling out troops, as shown in
General Corbin's document.
Laws Are Cited
This recounts how the first law
providing for use of troops was en-
acted on May 2, 1892. The third
section of this old statute said:
Provided always, and be it further
enacted, that whenever it may be
necessary, in the Judgment of the
President, to use the military forces
hereby directed to be called forth,
the President shall forthwith, and
previous thereto, by proclamation,
command such insurgents to dis
perSe and retire peaceably to their
respective abodeS within a limited
time"
Coroin remarks that this and the
two earlier sections of this old act
are the basis of all subsequent leg
islation in this direction"
The counterpart of this section
is Section $500 of Instruction" in
the revised statutes, which reads:
whenever, in the Judgment of
the President, it becomes necessary
to use the military forces under this
title, the President shall forthwith,
by proclamation, command the in
surgents to dispense and retire
peaceably to their respective abodes,
within limited time" Several
proclamations of this sort are cited.
Whole Case Unique
In addition to the possible ques-
tioning of the legality of use of
troops because no proclamation was
issued, it is likely that when and if
congress investigates the incident,
it will consider the unique case of
Washington, the federal city, ana
probably attempt to determine
whether there are other laws gov
erning this city, and protection of
federal property and use of federal
troops for this purpose.
Also, the committee might be con-
cerned with whether the judicial
processes were followed before the
troops were called. Section 1928
Of the law governing use of troops
in instructions gives the President
discretion to determine when jul
dicial processes have been found
impracticable of use.
In this connection, one we'll
known senator already has con-
tended that the courts here were
open and functioning, and should
have been used to evict the bonus
marcherS before soldiers were called
out.