The New York herald., 1863-08-23
The Three Hundred Dollars Commute.
ton Fee.
Orders Relative 10 the Draft.
THE CASE OF FATHER HAVING THREE SON

WAR DxrAnTxEsr,
PRovosr MARSHAL Ggsfl,ALs 8 OFFicE,
WASHINGTON, D. G. August 10, 1858.
The following opinion Of Colonel Joseph Holt, Judge
Advocate General OF the army is published for the inior
nation guidance OF all officers OF this bureau, viz:
In the case OF q father having three sonsoIe at home,
one now in the military service and one having been
killed. IN 1.-THE 500 remaining a. hone "a no, exempt,
unless his ather be aged or nrm and be also dependent
on such sons labor for his support.
JAMES p. FRY, Provost Marshal General.
CASE OF SONS OF AGED AND ISyrsM PARENTS.
WAR DEPARrwESr, I
PRovosr MARnAL GENERALS 0yrcE,
wAsHEGToS August 20, 1868.
The following opinions Of Colonel Joseph Holt, Judg,
Advocate General published for tho Information aud
guidance OF all officers o. this bureau:--
IN the where there ouy two sons OF aged and
inQrm parents aud both drafted (Cause 4, section
e. Enrolment net
OPINION Where. through inadvertencc ignorance
OF the law aged or niirm parents having two sons have
omitted before draft to elect which shall be exempt
and both have been drafted II seems that the right Of
election should still be allowed 10 be exercised at any
time before the 10 report TO the Board OF Enroll
ment expires The the rule heretofore esab
ghcd requiring this election 10 be made before the draft
was that different would result In "a practical
sYempticn OF two sons instead OF oocu This reason,
hnwevcf does not apply IN the caSeneccssarly OF rare
occurrencc--whcre both sons have been drafted siuce
whcbeyer may be elected, still remains for the mill
tary service which all that the law claims or contn
Nates The reason OF the rule falling, the rule Itself
houd be relaxed such extreme since the OBJECT
cf Tho law will thereby be accomplished, without tho
slightest hazard OF compromising the public interests
With regard 10 the meaning OF tho word "abor," In
sccton OF the Enrolment act.
orrSos.-labor is defined 70 be "boiiy or mental ex
crtion.n II may, within tho meaning Or the law, DO
either physical or intellectual may be professional,
Commercial agricultural and each OF these forms OF
labor may exist mod dcatons, or In combination
with each other. The means for the support Of
She pareui or widow must be produced by this
,abor whatever may be It's character. IL need
not ps wholly produced from but must be meiny
narent or widow receiving support from son whose
IA derived from dividends rents cannot be said
10 be drfsnden on labor but that income were en-
tirey tho fruit a professional or physical toi then the
case would be clearly within the purvicw OF the law Ia
mixed caScs where the income IS the product of labor
and capta operating together, the Application OK the
i,w Il rendered moro d,fncuit It's object VIII probably
Ia hest sccnrcd by holding, ~ suggested that IA such
rsars tbo ircomo which furnishes the support must be
mainly dery yed from the personal labor OF the SOD
Tor example tho son be a merchant OF manufacturer
xvbose brslness. under his personal suicrintenuence
Yields him an annual revenue of $iOo0p-and such per
Sopai supertntebdenco could not DO estimated az WORT
rnre than ~ 900 per annum could not be snd IN I'M
ae,se 81 the law that his labor yielded The income
which his parcnt oOks support 10 rs, Ia true, a.
esut p tho proinr tion but not prefcnderating one
,ost may % found answer TO the question, whether
,e sons personal labor Withdrawn Dy calling bin
20 M. mry SERVICE support for the parent or wido'
Nnald remain n IL would-nni IN the case supposed !
enld euco his superntendcnce could be supplied,
sbo productive cata5i,y of hts capital would remain
shea The claim to exemption cannot be allowed.
JAMES y. FRY. provos Marshal General.