Domestic disturbances Page: 6
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Act provides in pertinent part as follows: "***it shall not be
lawful to employ any part of the Army of the United States,
as a posse comitatus, or otherwise, for the purpose of execut-
ing the laws, except in such cases and under such circum-
stances as such employment of said force may be expressly
authorized by the Constitution or by Act of Congress; ***
and any person wilfully violating the provisions of this
section shall be deemed guilty of a misdemeanor and on
conviction thereof shall be punished by fine not exceeding
ten thousand dollars or imprisonment not exceeding two
years or by both fine and imprisonment." (Sec. 15, Act of
18 June 1878; 20 Stat. 152 [io U.S.C. I5; M.L. 1939, Sec.
480 ] .)
Note. This statute has no application in Alaska. (Sec. 29, Act of 6
June I9oo; 31 Stat. 330 [Io U.S.C. I5; M.L. 1939, Sec. 480 ).)
b. Exceptions. Instances where the Constitution or Act
of Congress permit intervention with Federal troops have
been cited. (See par. 3). The statute quoted in a above,
applies only to the use of the Army of the United States for
the purpose of "executing the laws." This prohibition does
not extend to the employment of Federal troops where the
main purpose is the protection of Federal property or Federal
instrumentalities, even though the action contemplated may,
and usually does, serve incidentally to facilitate execution of
the laws. On the same principle, the prohibition of the Act
does not apply to the use of Federal troops where the main
object is, for example, the protection of Federal officials
against violence or forcible obstruction of their functions
(but not to aid them in serving process), or, in time of war
or national emergency, to guard war material or vital utilities,
industries, and installations.
6. ELECTIONS. "Every officer of the Army or Navy, or
other person in the civil, military, or naval service of 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/m1/12/: accessed March 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.