Evening star., 1937-06-21

u a u - z NlliSll
guarantees every
State republican form Of government
And in pursuance of this clause of the
Constitution, Congress enacted law
which specifically commands the
President of the United States to inter-
vene. This law is to be found along
with other statutes in a Senate
document issued by the Sixty-seventh
Congress in 1922.
Some weeks ago when this cor
respondent cited the law in question
certain administration lawyers issued
to the press informally the misleading
information that the statute had been
declared unconstitutional by the Su-
preme Court in 1887. But it was an
other section of the same law and not
section 5299 which was declared in
valid.
Had section 52e9 been invalid since
1887, it never would have been included
IN the Senate document in 1922. which
incidentally was prepared under the
direction of the Secretary Of War by
the Office of the Judge Advocate Cen
eral' and presumably for the use of
the United States Army in handling
domestic disturbances.
Law Is Quoted.
It is worth quoting again because
It applies directly to the futile appeal
V~ade by the Mayor of Johnstown,
Pa, to President Roosevelt for help
The law reads:
whenever insurrection, domestic
violence, unlawful combinations or
conspiracies in any State so OBJ
struct or hinder 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 i'm
munities or protection named in the
Constitution and secured by the laws
for the protection Of such rights,
privileges. or immunities, and the con-
stituted authorities of such State are
unable to protect or from any cause
fail in or refuse protection of the peo-
pie in such rights, such facts shall be
deemed denial by such State of the
equal protection of the la, to which
they are entitled under the Constitu-
ton Of the United States, and in all
such cases, or whenever any such
instructions, violence, unlawful COM
bination, or conspiracy oppose or
obetruct the laws Of the United States
or the due execution thereof, or i'm
pede or obstruct the due course Of
Justice under the same, it shall be
lawful for the President, and it shall
be his duty, to take such measures,
by the employment Of the militia or
the land and naval forces of the
United States. or either, or by other
means, as he may deem necc ary
FOR the suppression Of such insurrec-
ton, domestic violence, or combina-
tions."
1t so happens that President Cleve-
land acted under the broad spirit of
this law, for the wording of his procla-
nation in July, 1894, sending Federal
troops to Illinois, uses the same
language. 1t is interesting to note
eiihp AlV N'o'ClIlOl VI 1IIllOLS plO-
tested against the sending Of Fed
eral troops into his State. Later on
a Federal Court injunction against
strikers and their leaders was issued
and the matter reached the Supreme
Court Of the United States, which on
May q, 1895, said:
1--WE hold it to be an incontrovertible
principle that the Government of the
United States may, by means of phys
ical force, exercised through its Off
cial agents, execute on every foot of
American soil the powers and func-
tions that belong to it. This neces-
sarily involves the power to command
obedience to its laws and to execute
Its functions in all places does not
derogate from the power of the State
to execute its laws at the same time
and in the same places. The one
does not exclude the other, except
where both cannot be executed at
the same time. In that case, the
words Of the Constitution itself show
which is to yield: This Constitution,
and all laws which shall be made in