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 pursuance 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 (35 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, 1900 (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 Feb. 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 in 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 instruction for aviation students. Act of July 11, 1919 (41 Stat. 109); U. S. C. 10: 296. At the request of the Secretary of the Treasury the Secretaries of War and Navy are authorized to receive officers and enlisted men of the Coast Guard for instruction in aviation at any aviation school maintained by the Army and Navy, and such officers and enlisted men shall be subject to the regulations governing such schools. Act of Aug. 29, 1916 (39 Stat. 601), making appropriations for the naval service; U. S. C. 14: 28. For creating, maintaining, and operating at established flying schools and balloon schools courses of instruction for officers, students, and enlisted men, including cost of equipment and supplies necessary for instruction, purchase of tools, equipment, materials, machines, textbooks, books of reference, scientific and professional papers, instruments, and materials for theoretical and practical instruction; Act of Feb. 28, 1929 (45 Stat. 1360), making appropriations for the support of the Army. * A provision similar to third paragraph of this section has appeared in prior appropriation acts. 508. Cavalry School. That the Secretary of War be, and he is hereby, authorized and directed to establish upon the military reservation at Fort Riley a permanent school of instruction for drill and practice for the cavalry and light artillery service of the Army of the United States, and which shall be the depot to which all recruits for such service shall be sent; Jan. 29, 1887 (24 Stat. 372); U. S. C. 10: 1171. Act of For the purchase of textbooks, books of reference, scientific and professional papers, instruments, and materials for instruction; employment of temporary, technical, special, and clerical services; and for other necessary expenses of instruction at the Cavalry School, Fort Riley, Kansas, $20,610. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the support of the War Department. A provision similar to second paragraph has appeared in prior appropriation acts. A further provision of the section making an appropriation for construction of quarters, etc., to carry into effect the purposes of the act is omitted here as temporary merely and executed. The Cavalry and Light Artillery School was established in pursuance of the act of Jan. 29, 1887, by General Orders, No. 17, Adjutant General's Office, of Mar. 14, 1892. See also in connection with this school the acts of Oct. 2, 1888 (25 Stat. 534), and Mar. 2, 1889 (id. 966). This school was superseded by the "Mounted Service School at Fort Riley, Kans.." and provision was made therefor under that title from the act of Mar. 3, 1909 (35 Stat. 733), until the act of June 5, 1920 (41 Stat. 950), when the designation "the Cavalry School at Fort Riley, Kansas," was adopted. 509. Coast Artillery School.-For purchase of engines, generators, motors, machines, measuring and nautical instruments, special apparatus, and materials and for experimental purposes for the engineering and artillery and military art departments and enlisted specialists division; for purchase and binding of professional books treating of military and scientific subjects for library, for use of school, and for temporary use in coast defenses; for incidental expenses of the school, including chemicals, stationery, printing and binding; hardware; materials; cost of special instruction of officers detailed as instructors; employment of temporary, technical, or special services; for office furniture and fixtures, machinery, and motor trucks; and unforeseen expenses; in all, $29,205. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for support of War Department. A similar provision has appeared in prior appropriation acts. The Artillery School was established at Fortress Monroe, Va., in pursuance of General Orders, No. 18, Adjutant General's Office, of Apr. 5, 1824. It ceased to exist in 1835 It was by reason of the transfer of the troops composing the school to other duties. reestablished by General Orders, No. 9, Adjutant General's Office, of Oct. 30, 1856. A code of regulations and plan of instruction was approved by the Secretary of War and published to the Army in General Orders, No. 5, Adjutant General's Office, of May 18, 1858. The school was again discontinued at the outbreak of the War of the Rebellion in 1861. It was reorganized by General Orders, No. 99, Adjutant General's Office, of Nov. 13, 1867. Although not created by statute, its existence has been recognized and the courses of study pursued have been sanctioned by Congress in several acts of appropriation. See the various acts of apropriation from that of June 20, 1878 (20 Stat. 223). It was first appropriated for as the "Coast Artillery School' in the act of Mar. 3, 1909 (35 Stat. 733). 510. Engineer School.-For equipment and maintenance of the Engineer School, including purchase and repair of instruments, machinery, implements, models, boats, and materials for the use of the school and to provide means for the theoretical and practical instruction of Engineer officers and troops in their special duties as sappers and miners; for land mining, pontoniering, and signaling; for purchase and binding of scientific and professional works, papers, and periodicals treating on military engineering and scientific subjects; for textbooks and books of reference for the library of the United States Engineer School; for incidental expenses of the school, including chemicals, stationery, hardware, machinery, and boats; for pay of civilian clerks, draftsmen, electricians, mechanics, and laborers; for compensation of civilian lecturers; for unforeseen expenses; * *. Act of Feb. 28, 1929 (45 Stat. 1363), making appropriations for the support of War Department. A similar provision has appeared in prior appropriation acts. The United States Engineer School was established by Executive order, but has been recognized in the several acts of appropriation from the act of Mar. 3, 1873 (17 Stat. 546). It was originally located at Fort Totten, Willets Point, N. Y., but was removed in 1902 to Washington Barracks, D. C., per General Order, 155, A. G. O., Nov. 27, 1901, and in the latter part of 1919 removed therefrom to Fort A. A. Humphreys, Va. (See General Orders No. 7, War Department, Jan. 30, 1920.) 511. Field Artillery schools.-To provide means for the theoretical and prac tical instruction in field artillery activities at the two brigade firing centers at Fort Sill, Oklahoma, and Fort Bragg, North Carolina, by the purchase of modern instruments and material for theoretical and practical instruction, and for all other necessary expenses, to be allotted in such proportion as may, in the opinion of the Secretary of War, be for the best interests of the service, $3,500. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for support of War Department. For the purchase of textbooks, books of reference, scientific and professional papers, instruments, and material for instruction; employment of temporary, technical, special, and clerical services; and for other necessary expenses of instruction at the Field Artillery School at Fort Sill, Oklahoma, $22,500. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for support of War Department. Similar provisions have appeared in prior appropriation acts. In the act of Aug. 24, 1912 (37 Stat. 570), under the appropriation for "United States Service Schools" provision is made for a "School of Fire for Field Artillery at Fort Sill, Okla.," and this provision was continued in later acts. Provision is now made in War Department appropriation acts for the two brigade firing centers at Fort Sill and Fort Bragg only. 512. Command and General Staff School.-For the purchase of textbooks, books of reference, scientific and professional papers, instruments, and material for instruction; employment of temporary, technical, special, and clerical services; and for other necessary expenses of instruction, at the Command and General Staff School, Fort Leavenworth, Kansas, $41,439. Act of Feb. 28, 1929 (45 Stat. 1352), making appropriations for the support of the War Department. A similar provision has appeared in prior appropriation acts. 513. Infantry School.-For the purchase of textbooks, books of reference, scientific and professional papers; instruments and material for instruction, employment of temporary, technical, special, and clerical services, and for the necessary expenses of instruction at the Infantry School, Fort Benning, Georgia, $38,342. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the support of the War Department. A similar provision has appeared in prior appropriation acts. 514. Tank schools.-Incidental expenses in connection with the operation of the tank schools, $1,300. Act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the support of the War Department. A similar provision has appeared in prior appropriation acts. 515. Post schools; instruction in common branches.--Schools shall be established at all posts, garrisons, and permanent camps at which troops are stationed, in which the enlisted men may be instructed in the common English branches of education, and especially in the history of the United States; and the Secretary of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. R. S. 1231; U. S. C. 10: 1172. For provision for instruction in military schools as to the effect of alcohol and narcotics on the human system, see 1210, post. * 516. Same; vocational instruction.-* * In addition to military training. soldiers while in the active service shall hereafter be given the opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations. Civilian teachers may be employed to aid the Army officers in giving such instruction, and part of this instruction may consist of vocational education either in agriculture or the mechanic arts. The Secretary of War, with the approval of the President, shall prescribe rules and regulations for conducting the instruction herein provided for, and the Secretary of War shall have the power at all times to suspend, increase, or decrease the amount of such instruction offered as may in his judgment be consistent with the requirements of military instruction and service of the soldier. Scc. 27, act of June 3, 1916 (39 Stat. 186); U. S. C. 10: 1176. 517. Schools for bakers and cooks.-* for providing prizes to be established by the Secretary of War for enlisted men of the Army who graduate from the Army schools for bakers and cooks, the total amount of such prizes at the various schools not to exceed $900 per annum; *. Act of Feb. 28, 1929 (45 Stat. 1355), making appropriations for the support of the Army; Quartermaster Corps; Subsistence of the Army. A similar provision has appeared in prior appropriation acts. |