sires to leave the employment before his debt is paid off; and it is immaterial whether the contract of employment was relantarily made by the laborer or not, and whether it was made for a present or preexisting consideration. Peonage Cases (D. C 1905), 136 Fed. 707.

Violation of statute-What constitutes.The holding of another in a state of peonage, whether sanctioned or not by municipal or State law, is included in the prohibition in this section against peonage in any State or Territory. Clyatt v. U. S. (1905), 197 U. S. 207.

495. Protection of discoverers of guano islands.-The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. R. §. 5577; U. S. C. 48: 1418.

This section refers to any citizen of the United States who discovers and takes peacealle possession of islands containing deposits of guano. See R. S. 5570.

496. Protection of persons extradited.-Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is Culy accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. R. S. 5275; T. 8. C. 18: 659.

497. Protection of national parks in California. The Secretary of War, upon the request of the Secretary of the Interior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the General Grant National Park, respectively, in California, for the purpose of destroying the game or objects of curiosity therein, or for any other purpose [rohibited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein. Sec. 1, act of June 6, 1960 (31 Stat. 618); U. S. C. 16: 78.

498. Protection of Yellowstone National Park.-The Secretary of War, upon the request of the Secretary of the Interior, is hereby authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein. Act of Mar. 3, 1883 (22 Stat. 627); U. S. C. 16: 23.

This provision was not repealed by act of May 7, 1894, by express provision of sec. 10 of that act (28 Stat. 75).

499. Protection of timber in Florida.-The President is authorized to employ so much of the land and naval forces of the United States as may be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. R. S. 2460; U. S. C. 16: 593.

500. Removal of unlawful inclosure of public lands.-That the President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or

military force as may be necessary for that purpose. Sec. 5, act of Feb. 25, 1885 (23 Stat. 322); U. S. C. 43: 1065.

501. Removal of unauthorized persons from ceded lands.-That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands shall not have been previously sold, ceded, or leased by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognized and confirmed by the United States; or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey, or attempt to survey, or cause to be surveyed. any such lands; or designate any boundaries thereon, by marking trees or otherwise, until thereto duly authorized by law; such offender or offenders. shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise. And it shall moreover be lawful for the President of the United States, to direct the marshal, or officer acting as marshal in the manner hereinafter directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded, or secured to the United States, by treaty or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make a settlement thereon, until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings: Provided, That nothing herein contained shall be construed to affect the right, title, or claim, of any person to lands in the Territories of Orleans or Louisiana, before the boards of commissioners established by the act, entitled "An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the District of Louisiana," shall have made their reports and the decision of Congress been had thereon. Sec. 1, act Mar. 3, 1807 (2 Stat. 445).

502. Suppression of insurrection; against a State.-In case of an insurrection in any State, against the government thereof, it shall be lawful for the President, on application of the legislature of such State, or of the executive, when the legislature can not be convened, to call forth such number of the militia of any other State or States, which may be applied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. R. S. 5297; U. S. C. 50: 201.

Notes of Decisions

Military power subordinate.-Under this act the President may employ the militia and the land and naval forces for the purpose of causing the laws to be duly executed; but when a military force is called

into the field for that purpose, its operations must be purely defensive, and the military power on such an occasion must be kept in strict subordination to the civil authority. (1860) 9 Op. Atty. Gen. 517.

503. Same; against the United States.-Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial

proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the State, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. R. S. 5298; U. S. C. 50: 202.

Notes of Decisions

See also notes to Art. I, sec. 8, and Art. | States, but the marshal himself can not IV, sec. 4, Constitution.

504. Same; enforcement of constitutional rights, privileges, and immunities.—— Whenever insurrection, domestic violence, unlawful combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations. R. S. 5299; U. S. C. 50: 203.

Notes of Decisions

Insurrection.-Although no State could establish and maintain a permanent military government, yet it may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The State must determine for itself what degree of force the crisis demands. Luther v. Borden (1849), 7 How. 1. See also (1878) 16 Op. Atty. Gen. 162. See also notes to Constitution, Art. I, sec. 8, cl. 15; Art. IV, sec. 4, cl. 2; and to 503, ante.

A court will not issue a certificate to the President of the United States that a State of insurrection exists, within this section, as the question whether such an insurrection exists is left solely to the determination of the President. Consolidated Coal & Coke Co. v. Beale (D. C. 1922), 282 Fed. 934.

505. Same; proclamation to disperse. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. R. S. 5300; U. S. C. 50: 204.

Notes of Decisions

Essentials of proclamation.-A proclamation held to have taken effect when signed

by the President and sealed. Lapeyre v. U. S. (1872), 17 Wall. 191, 197.

For complete list of general and special service schools see AR 350-105. The Infantry and Cavalry School was established at Fort Leavenworth, Kans., in rsuance of General Orders, No. 42, Adjutant General's Office, of May 7, 1881. Although not created by statute, its existence was recognized by Congress in several acts of appropriation, beginning with the act of Mar. 2, 1889. It was superseded by the "Army School of the Line," which was first recognized by statute in the act of Mar. 3, 1909 Stat. 733), and the schools at Fort Leavenworth are now known as "The General Service Schools."

The provisions for service schools are usually only of a temporary nature, generally being found in appropriation acts.

For eligibility for the General Staff Corps by reason of being a graduate of one or more of several schools, see 52, ante.

506. Army War College. For hire of clerks, purchase of stationery, furniture, and for contingent expenses incident to the establishment of the Army War College, having for its object the direction and coordination of the instruction in the various service schools, extension of the opportunities for investigation and study in the Army and militia of the United States, and the collection and dissemination of military information, twenty thousand dollars. Act of May 26, 1960 (31 Stat. 209); U. S. C. 10: 9.

For expenses of the Army War College, being for the purchase of the necessary special stationery; textbooks, books of reference, scientific and professional papers and periodicals; maps; police utensils; employment of temporary, technical, or special services and expenses of special lecturers; for the pay of Employees; and for all other absolutely necessary expenses, $78,000. Act of Peb. 28, 1929 (45 Stat. 1351), making appropriations for support of War Department.

A provision similar to second paragraph has appeared in prior appropriation acts. By virtue of paragraphs 192 and 193, Special Orders No. 141-0, W. D., June 17, 1919, and of a letter dated June 18, 1919, from The Adjutant General of the Army to the Commanding officer, Washington Barracks, D. C., the name Army War College was changed to General Staff College. The objects of the General Staff College are set forth General Orders No. 112, W. D., 1919, and the above appropriation was made therefor. By Section I, General Orders, No. 40, War Department, Aug. 15, 1921, the name was again changed to "The Army War College," under which designation appropriations are made in the annual War Department appropriation acts.

507. Aviation schools.—The Secretary of War is hereby authorized and directed to establish and maintain at one or more established flying schools courses of