Domestic disturbances Page: 11
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will be enforced by the troops. Such a proclamation is issued
only by the President or by the local commander at the
express direction of the President. The United States Gov-
ernment has rarely declared martial law.
14. LEGAL EFFECTS. In areas under martial rule main-
tained by Federal troops, the civil and criminal laws con-
tinue in force, except so far as their actual enforcement
may be suspended for the time being by the inability of the
civil authorities to function, or in specific particulars, as a
matter of military necessity, by order of the President or of
the military commander acting under authority of the Presi-
dent. In areas under martial rule, the President, if necessary,
has power to cause military agencies to arrest civilians
charged with offenses against the laws of the land or against
the special rules and regulations issued by the military com-
mander by authority of the President, and to detain them in
military custody until they can safely be released or de-
livered to appropriate civil authorities for trial. Such persons
may also be tried and punished by military tribunals of
competent jurisdiction, but this action should be taken only
in case of extreme necessity. The duty of the military is not
to punish civil offenders but to prevent disorder, and this
can ordinarily be accomplished by holding the prisoner
until he can safely be released for trial by the civil authorities.
15. PENALTY FOR VIOLATION OF RESTRIC-
TIONS. Congress by the Act of 21 March 1942 (56 Stat.
173, I8 U.S.C., Sup. IV, 97a) made a violation of any re-
strictions imposed by a military commander a misdemeanor.
The Act provides:
"* * * That whoever shall enter, remain in, leave, or
commit any act in any military area or military zone pre-
scribed, under the authority of an Executive order. of the
President, by the Secretary of War, or by any military com-
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United States. War Department. Domestic disturbances, book, July 30, 1945; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc96652/m1/17/: accessed May 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.