Evening star., 1934-08-05
Vide Po,Uer Giuen Executives
In Use of Troops in States
Federal Intervention Permissible in
Cases Where President Feels Issue
Transcends Boundaries.

ton that its employment to supple
ment the power of the civil authori-
ties is an emergency measure and
must be governed largely by the law
of necessity.
As to when the National Govern
ment may intervene in a domestic
disturbance, there are certain we'll
defined principles, but practical appli-
cation Of these principles to par
ticular situation permits the President
to exercise wide discretion.
All rules and regulations govern
ing Federal intervention go back for
authority to Article 4, Section 4, Of
the Constitution. which provides:
1.-The United States shall guarantee
to every State in this Union a re-
publican form of Government, and
shall protect each of them against
invasion; and on application of the
Legislature or of the executive (when
the Legislature cannot be conveneO
against domestic violence"
The term domestic violence" is
held to include insurrection against
the State or Federal Government and
unlawful obstructions, hinderances,
combinations and asSemblages, or re-
bellion against the authority of the
United States Government. or against
the execution of its laws"
Intervention Conditions.
This constitutional guarantee makes
possible the calling out of Federal
troops by the President under three
conditions. They are:
/. If requested by the Legislature Of
State, or by the executive Of the
State, II the Legislature be not in
session and it is impracticable for it
to be convened in time.
2. Without request, and even
against the protest of the State au-
thorities, in order to carry out the
guarantees of the Constitution.
3. If the property of the United
States is being endangered or de-
stroyed; if the execution of the Fed
eral laws cannot be enforced by the
usual processes, If the transportation
of the mails Is being hindered, or If
interstate commerce is being inter-
rupted.
In cases of appeals by State Of
flcials, representations must be made
that everything possible to quen the
disturbance already has been done
by the State and this has proved in
adequate.
The President may accept this rep
resentation as q fact or he may not.
To quote a history Of Federal aid in
domestic disturbances prepared by the
ofhce of the judge advocate general:
He may furnish prompt and Suf-
ficient assistance upon the first sign
Of disorder, he may await the slow
movement Of every piece of the legal
machinery necessary to put the troops
in motion, or he may refuse to render
any aid whatever. He is to Judge
whether q Legislature or q Governor
whether the State has or has not ex-
hausted its own resources; whether
the opposition to the State govern
ment is one which justifles the term
inSurrection.
1.-TWO Governors" Case.
"There may be two contesting ex-
ecutives of State. or two disputing
Legislatures, and the President must
determine which is the legal one
before he can perform the duty i'm
posed on him by law. An insurrection
may exist within State-palpable
and indisputable according to the
opinion of an ordinary observer-and
the executive. who may be party to
the insurrection or In sympathy with
it, may refuse to make the constitu-
tional demand upon the Federal Gov
ernment. or Legislature, in the face
of self-evident facts. may declare that
no insurrection exists, or that the
State is fully able to suppress it with
out Federal aid"
There are several instances Of Fed
eral interference over the protest of
State offlcialS, One of the most ia