to enforce the laws, they
stand aside, and the military power, under the orders of the
commander-in-chief, steps in and overcomes the lawless resistance
to authority. Then the civil officers resume their functions, to
make arrests of individuals, hold them in custody, and deliver them
to the courts for trial. It is not the duty of the troops in such
cases to guard prisoners who are in the custody of civil officers;
but it is the duty of the troops, if necessary, to repel by force
of arms any unlawful attempt to rescue such prisoners. This
distinction should be clearly understood by all army officers, and
it is of universal application. The duty of the army is, when so
ordered by the President, to overcome and suppress lawless resistance
to civil authority. There military duty ends, and civil officers
resume their functions.

THE DUTIES OF THE MILITARY MISUNDERSTOOD

The distinction between the authority of the United States and that
of the several States is so clearly defined that there can be no
possible excuse for ignorance on that subject on the part of any
officer of the army. But the relation between the civil and the
military authorities of the United States had not been clearly
defined, after the passage of the "Posse Comitatus Act," until the
order of May 25, 1894, was issued. But that can hardly excuse
continued ignorance of the law a month or more after that order
was issued; and it is worthy of note that at least one department
commander showed himself familiar with the law before the order
was issued, by correcting the mistake of a subordinate, which called
attention to the necessity of issuing some such order.

Of course that order had the sanction of the President, after
consideration and approval by the Attorney-General, before it was
issued.

The acts of Congress creating the Pacific railroads and making them
military roads justify and require that the government give them
military protection whenever, in the judgment of the President,
such protection is needed. It is not incumbent on the commander-
in-chief of the army of the United States to call on civil courts
and marshals to protect the military roads over which he proposes
to move his troops, whether on foot or on horseback or in cars.
It appears to have been almost forgotten that the transcontinental
railroads were built, at great expense to the national treasury,
_mainly as a military bond_ betwee