Domestic disturbances Page: 5
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Section III. PROCEDURES
4. PREREQUISITES OF INTERVENTION. a. At
the request of a State (par. 3a). Application by a State
for Federal aid to its civil authorities should originate with
the legislature of the State concerned, or with its executive
when the legislature cannot be convened, and should be
made direct to the President. Should such an application be
presented to a local commander, such commander will so
inform the War Department, through The Provost Marshal
General, by the most expeditious means and will include a
statement of all material facts for the consideration and
action of the President.
b. Presidential Proclamation. No orders will be issued
by the War Department for the purpose indicated in para-
graps 3a, b, and c, until the President has published a proc-
lamation demanding that the insurgents disperse and retire
peaceably to their respective abodes within a specified limited
time. (R.S. 5300 [50 U.S.C. 204; M.L. 1939, Sec. 5051-)
c. War Department approval. While no Presidential
Proclamation is required by law for action for the purposes
of protecting Government premises or property, etc., such
action will not be taken until the need therefor has been
reported to the War Department, through The Provost
Marshal General, and specific instructions from the War
Department have been received, unless action in an emer-
gency is justified under paragraph 3e.
Section IV. RESTRICTIONS
5. POSSE COMITATUS ACT. a. Except where ex-
pressly authorized by constitutional or statutory provisions
(sec. II) it is not lawful, under the so-called "Posse Comi-
tatus Act," to use Federal troops to execute the laws. The
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United States. War Department. Domestic disturbances, book, July 30, 1945; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc96652/m1/11/: accessed April 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.