MILIThRY AUTHORITY.'The United States remains externally at peace in the midst of aworld war, yet within all is not peace. Industrial strife attendedwith violence and bloodshed has recently given rise to several occa-sions for the prolonged intervention of the military, notably
Colo-rado, Montana and 'CJTest Virginia. The strike of the miners
Colo-rado, lasting over twelve months, has attracted the attention
thewhole country by its bitterness and distressing tragedies. Idaho andPennsylvania have seen similar troubles, and to a less degree, Ohio.Michigan, New Jersey and ilZassachusetts. Peace must, of course, bemaintained at all hazards, but certain new and extraordinary claimsof arbitrary military authority have been made and acted upon inseveral of these industrial conflicts, towhich careful study and atten-tion ought to be directed.
is a widespread superstition among military men, and amongmany other well informed persons, that there is some mysterious andtranscendant force in a declaration of martial law. The idea seemsto be growing that it is the prerogative and function of the militaryto substitute itself for all civil authority, and that while it is in controlthe constitutions, courts and laws may be suspended and set aside.3
the time of the great fire which followed the earthquake ofApril
at San Francisco, the federal troops were called outby General Funston.
proclamation was issued early on the firstday of the fire, which announced that:"The federal troops, the members of the police force, and allspecial police officers have been authorized to kill any and all personsfound engaged in looting, or in the commission of any other crime."Here me have the assumption of the power of life and death overthe citizen.Further illustrations of the assertion of arbitrary power by fed-eral as well as state military authorities are not far to seek. Recently,in the Colorado strike General Chase,
the Colorado NationalGuard, claimed the right to arrest mithoi~twarrant
'This article is based upon
paper read at the first annual meeting of theAmerican Society of Military Law,
branch of the American Institnte of Crim-inal Law and Crirninoloay. Washington.
October 19. 1911.2Professor of Law. University of Wisconsin: Secretary American Society ofMilitary Law.3See the present writer. ''hlilitary Dictatorship in California and \Vest Vir-ginia,"
Cnlifornia Law Review,
Cullen. "Decline of PersonalLiberty in America,"