File No. 812.00/15887.

General Funston to the War Department.

* * * It is impossible for detachments of United States troops when pursuing a particular band of outlaws to determine whether they are all residents of the United States or whether all or some of them are armed marauding bands who have crossed the border into United States territory for the purpose of running off cattle and possibly other property.

This being the case, I have deemed it my duty to continue using military to pursue and capture these bandits and feel that under the circumstances I am fully meeting restrictions placed by statutes upon use of military in suppressing lawlessness within a State.

Any other course would render troops practically useless in suppressing lawlessness and would limit their activity to the duty of acting as guards for certain localities.

Up to the present time troops of my command have had three fights with bands of outlaws in all of which outlaws were aggressors.

Funston.