Daily national Republican., 1863-09-22
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Pnovosr MAMMAL GENERAL's OYriCF,
WAsniNoToN, D. c., Aug. n, 1858.
Ctrcrisr No. 7s.-Ths following opinions Of Col
Jossph Holt, Judge Advocate General, are pub
lishsd for NE infsrnatsa aad guidance Of al on.
ssrs Of tAis Bureau. ~. ..." ll...f
With regard 10 the rssidsnes OF . widow who IN
god or infsu, and dssirss 10 have 90 Of hsr I've
sons subject to dram exempted. % F7. 3D.
OPINION.
"Ths right Of WIDOW who ID assi OF innrn, 10
have one Of hsf tso soAs suhjsst 10 dralS, sx.
snptsd, DOES not depend, under the law, on the
place Of her rssidsass. The sstimposss no such
restriction. Such . motAsr's claim 10 b. sup.
ported By one oi her sons, and the moral obliSa.
tien Of the sen 10 furnish sush support are rseog-
nissd - resting on synpathiss inseparAble nom
the race and honorable to It and which are 10 b
respected irrsspsstivs Of state or National inss.
Should one Of these tive sons not BE- subjsct to
draft, the other cannot be exempted unless hs
widowed mother 10 dependent on his labor for her
support"
In The ease OF two or more sons OF assd or innrm
parents subject to drafs, not OF one household.
OPINION.
"Under the 9TH clause Of ID section OF the En-.
rolment act, It 10 not necessary that the two or
more sons Of aged or innrmsd pareats suhieet to
dra, should Be Of one household In order to enti.
phreut phIeuts clect one OF tneH IOr u.
emption. Tbs practical operation OF this oiauss u
certainly open to abuses and frauds, which the
Boards should guard against As best they can. II
would be justtaable presautioa In such cases 10
require the parent making tAs election TO aesom-
pany II with an afhdavit that no claim to exemp-
tion has been preferred by him her, on behalf Of
either OF the Other sons. This wpuld probably
protect the Qovsspmsat ffon Tie fraud Of hsvins
more than one exemption claimed where the sons
rssids N dierant Sates, or within the Jursdistion
Of different Roards Of snrolmsat"
Boards OF enrolment will In this case referred to-,
require the af,davit suggested by the Judge Ad.
vosats General.
In the csss Of parents having one son In the
army, and one at home. and are not dependent on
the labor Of the latter for their support.
- OPINION.
"Hparents have enc son In the army, and one at
home, and are not dependent on his labor for their
support, the son at home cannot b exempted. The
right Of aged or inhrm parents to elect which Of
two sons shall b exempt, exists only when both
Of these sons are subject to draft which 10 certain
y not the case when one 10 already In the Service"
in ths psse Of drafted man who falls to report
and 70 arrested ~ dsssrtsr,
asiHIoI,
"Ths 18th section Of the Enrolling aot declares
that dessstsr OF this class when arrested ahal b
sent 70 the nearest military post for trial by
oourt-1aztial, unless apon proper showing that h
10 not liable TO do military duty, the Board Of En-
rolmsnt shall relieve him from the dfaft.' The
language indicates clearly the disposition to be
made Of the party, and also recognizes his right,
he wishes II, to appear before the Board Of En-
rolmsnt, and iosist upon his exemption"
JAMES B. FRY,
sea- Provost Marshal GsnsIsl.
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