The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1863-09-03
ORDERS RELATIVE OF THE DRAFT.
The Case of u Father having Three Sons,

The Case OF II Father having Three Sons.
War Dept. Pro. Mar. General Office !
Washington, Aug. 13, 1863. I
The following opinion Of Colonel Jo-
seph Holt, Judge Advocate General of
the Army, is published for the intorma
ton and guidance Of all officers Of this
bureau, viz:
In the case of father having three
sons-one at home, one now in the
militcry service and one having been
killed in 1.-THE son remaining at home
is not exempt, unless his father be
aged or infrm, and be also dependent
on such sons labor for his support.
JAMES B. FRY,
Provost Marshal General.
Case OF Sons of Aged and Infirm Parents.
War Dept Pro. Mar. General Office, I
Washington, Aug, 20, 1868. !
The neutrality-suspicious. Of Colonel Jo-
seph Holt, Judge Advocate General,
are published for the information and
guidance of all officers of this bureau:
In the case where there are only two
sons Of aged and infrm parents and
both are drafted CLAUSE /, Section B.
Enrolment Act.)
OPINIoN.-Whcrc, through inadvcr-
tcncc or ignorance Of the law, aged or
infrm parents, having two sons, have
omitted before the draft to elect which
shall be exempt, and both have been
drafted, it seems that the right of cleo
ton should still be allowed to be exer.
cised at any time before the notice tc
report to the Board Of Enrolment ex
pircs. The reason of the rule hereto
fore established, requiring this election
to be made before the draft was, that {;
different course wouldrcsult in ~ prac
teal exemption Of two sons instead O
one" This reason, however, does moi
apply in the caso-ncccssarily Of rare
occurTence-where both sons have
been drafted, since, whichever may bt
elected, one still remains for the mil
itary service, which is all that the law
claims or contomplatcs. The reason 0
the rule failing, the rule itself shoult
be relaxed in such extreme cases, sine,
the object of the law will thereby b.
accomplished, without the slightes
hazard Of compromising the public in
tercsts.
With regard to the meaning of tn
word "labor," in Section 2 of the En-
rollment Act.
OpINIoN.-LabOr is defined to b
"bodily or mental eXortion." 1t may
within the meaning ofthc law;be cithe
physical or intollectal it may be pro
tessional, commercial, or agricultural
and each of these forms of labor ma,
exist under notifications, or in comb
nation with each other. The mean
, for the support Of the parent or widow
must be produced by this labor, what
ever may be its character. 1t need no
be wholly produced from it, but it mus
f be mainly so. A parent. or widow re
ceiving support from son whose in
, come is derived from dividends O
rents, can not be said to be dependen
on his labor; but if that income wer
entirely the fruit ofprofessonal orphy
sical toll, then the case would be clear
, ly within the purview Of the law. L
mixed cases, where the income is tn
product of labor and capital co-operat
ing together, the application Of the la,
J is rendered more difficult. It's objec
will probably be secured by holding,o
suggested. that in such cases the in
come which furnishes the support mus
5 be mainly derived from the persona
: labor Of the son. If, for example, tn
5 son be q merchant Or manufacture
+ whose business, under his person;
+ superintendent, yields him an anuul
revenue of S10,0 0,000-and such persona
0 superintendent could not be estimar
: ed as worth more than $4,000 per an
S num-.it could not be said, in the sens
/. of the law that his labor yielded tn
r income to which his parent looks fc
4 cunport II 10 ti,in on claimant !