1450. Marshal to obey precepts, etc.-Every marhsal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions hereof. Sec. 1985, R. S.

1451. Fees of district attorney, etc.-The district attorneys, marshals, their deputies, and the clerks of the courts of the United States and Territorial courts shall be paid for their services, in cases under the foregoing provisions, the same fees as are allowed to them for like services in other cases; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his services in each case, inclusive of all services incident to the arrest and examination. Sec. 1986, R. S.

1452. Of persons appointed to execute process, etc.-Every person appointed to execute process under section nineteen hundred and eighty-four [Rev. Stat.]1 shall be entitled to a fee of five dollars for each party he may arrest and take before the commissioner, with such other fees as may be deemed reasonable by the commissioner for any additional services necessarily performed by him, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of the commissioner; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 1987, R. S.

1453. Speedy trial.-Whenever the President has reason to believe that offenses have been or are likely to be committed against the provisions of chapter seven of the Title CRIMES, within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time, as he may designate, for the purpose of the more speedy arrest and trial of persons so charged, and it shall be the duty of every judge or other officer, when any such requisition is received by him, to attend at the place and for the time therein designated. Sec. 1988, R. S.

1454. Aid of the military and naval forces.-It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the preceding provisions, or as shall be necessary to prevent the violation

'Paragraph 1449, ante,

and enforce the due execution of the provisions of this Title.1 Sec. 1989, R. S.

1455. Peonage abolished.-The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in the Territory of New Mexico, or in any other Territory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. Sec. 1990, R. S.

1456. Foregoing section, how enforced.-Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section. Sec. 1991, R. S.

THE ELECTIVE FRANCHISE.

1457. Presence of troops at election.-Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 22, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1092).

(This paragraph is practically identical with section 5528 of the Revised Statutes, which is repealed.)

1458. Preventing voting.-Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 23, id.

(This paragraph is practically identical with section 5529 of the Revised Statutes, which is repealed.)

1459. Attempt to fix qualification of electors.-Every officer of the army or navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of

This power is not repealed or abridged by the posse comitatus act (act of June 18, 1878, 20 Stat. 152). (19 Opin. Att. Gen., 570.)

'Whether this section has been repealed by the enabling act under which New Mexico became a State has not been decided.

voters at any election in any State shall be punished as provided in the preceding section. Sec. 24, id.

(This is a reenactment of section 5530 of the Revised Statutes. For the preceding section referred to in this paragraph see paragraph 1458.

1460. Interference with an officer of election-Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an elec tion in the discharge of his duty, shall be punished as provided in section twenty-three. Sec. 25, id., 1093.

(This paragraph is practically identical with section 5531 of the Revised Statutes, which is repealed. For section 23, referred to in this paragraph, see paragraph 1458.)

1461. Penalty. Every person convicted of any offense defined in the four preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. Sec. 26, id.

(This paragraph is practically identical with section 5532 of the Revised Statutes, which is repealed.)

QUARANTINE.

1462. State health laws to be observed by United States officers, etc.-The quarantines and other restraints established by the health laws of any State respecting any vessels arriving in or bound to any port or district thereof shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue cutters, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws according to their respective powers and within their respective precincts, and as they shall be directed from time to time by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress. Sec. 4792, R. S.

1

See Gibbons v. Ogden, 9 Wh., 1; Passenger Cases, 7 How., 406. 48985-15-35

1412. Arrest of Indians.-The superintendents, agents, and subagents shall endeavor to procure the arrest and trial of all Indians accused of committing any crime, offense, or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes.1 Sec. 2152, R. S.

1413. Prohibition of permits to Indians to go into Texas.-All officers and agents of the Army and Indian Bureaus are prohibited, except in a case specially directed by the President, from granting permission in writing or otherwise to any Indian or Indians on any reservation to go into the State of Texas under any pretext whatever; and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service. And the Secretary of the Interior is hereby directed and required to take at once such other reasonable measures as may be necessary in connection with said prohibition to prevent said Indians from entering said State. Sec. 4, Act of May 11, 1880 (21 Stat. 132).

'Held that in the execution of process of arrest under the act of March 3, 1885 (rendering Indians amenable to the criminal laws of the Territories), the military may, by direction of the President, legally be employed to aid the civil officials in such arrests, such employment being expressly authorized by section 2152, Revised Statutes. (Dig. J. A. G., 100, C.)

1465. Obstructing the mails.-Whoever shall knowingly and willfully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier, or car, steamboat, or other conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. Sec. 201, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1127).

(This paragraph is founded on section 3995 of the Revised Statutes, which is repealed.)

1466. Parades, etc., to have right of way.-The United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right of way in any street or highway through which they may pass: Provided, That the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire-engines and fire departments shall not be interfered with thereby. Sec. 50, Act of Feb. 18, 1909 (35 Stat. 634).

(As the above appears in an act having relation to the National Guard of the District of Columbia it may be inferred that the streets, etc., mentioned are those of the said District.)

NEUTRALITY.

1467. Accepting Commission.-Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. Sec. 9, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1089).

(This paragraph is practically identical with section 5281 of the Revised Statutes, which is repealed.)

1 The entire strength of the nation may be used to enforce, in any part of the land, the full and free exercise of all national powers and the security of all rights intrusted by the Constitution to its care. The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arise, the Army of the nation and all its militia are at the service of the nation to compel obedience to its laws. (In re Debs, 158 U. S., 564, 582; in re Neagle, 135 U. S., 1; ex parte Siebold, 100 U. S., 371, 395; U. S. v. Kirby, 7 Wall., 482. See Winthrop, Military Law and Precedents, p. 1355, note 3.)

'The neutrality act has been uniformly treated, by the Executive Departments and by judges of the United States courts, as embracing warlike enterprises set on foot in this country against a friendly power at peace with all the world. (U. S. v. Sullivan, 9 N. Y. Leg. Obs., 257.)

Neutrality, strictly speaking, consists in abstinence from any participation in a public, private, or civil war, and in impartiality of conduct toward both parties; but the maintenance unbroken of peaceful relations between two powers when the domestic peace of one of them is disturbed is not neutrality in the sense in which the word is used when the disturbance has acquired such head as to have demanded the recognition of belligerency; and, as mere matter of municipal administration, no nation can permit unauthorized acts of war