Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-25
Circular No. 73-Caxe Of Sons of Aged md
lnfirm Parents.

Iror0st Aorsh0t Generals Otice,
Washington, D. c., August 20, 1888
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 infirm parents. and both are drafted
{Clause J, section =, Enrolment act)
OPINION.
"W here. through mad vertence or ignorance
OF the law, age or iniirn parens, having two
sons, have omitted before the draft to elect
which shall be exempt, and both hare been
drafted, t seems that the right of election should
still he allowed TO be exercised at any time be-
fore the notice 10 repor. 10 the Board OF Enroll
nlent eX pires. he reason OF the rule hereto
fore established requiring this election to be
mace before the draft was that different course
would result in "a practical exemption Of two
sens instead of one This reason, however,
does not apply in the case-necessarily of rare
oceurreuce-where both sons have been RATED,
since whichever ruay be elected one still re-
mains Tor the military service, which is all
that The law claims or contemplates The rea-
son of the rule failing, The rule itself should
bC relaxed in such extreme cases, since the OBJ
jet of the law will thereby be accomplished,
without the slightest hazard OF compromising
The public interests"
With regard to the meaning of the word
"labor," IN section of the Enrolment act.
OPINION.
Labor is defined to be bodily or mental en-
ertion.' 1t may, within the meaning of the
Law, he either physical or intellectual: it may
be professional, commercial. or agricultural;
and each o: these forms of labor may exist I'M
Ger notifications, or in com binatiOn with each
other. The means for the support of the pa
rent or widow must be produced by this labor,
whatever may he its character. It need not
he whoily produced from it, but it must be n,oi,-
Iy so. \ parent widow receiving support
from son who's income is derived from diyi-
bends or rents cannot be said to be dependent
on his labor; but If that in come were entirely
the fruit of professional or physical toll, then
the case would be clearly within the purview
of the law. In mixed cases, where the income
is the product of labor and capital co-operatinr
together, the application of the law is rxa.
dered more difficult Its object will proba-
bly, be best secured by holding, as suggested
that In such cases the income which fur
nlshes the support must be mainly derived
from the personal labor Of the son. IT.
for example, the sen be a merchant or manu-.
faCturer, whose business, under his personal
superintendence, yields him an annual revenue
of SlO,0O0-and such personal superintendent
could not be estimated as worth more than
$4,000 per annum-it could not be said in the
sense OF the law, that his labor yielded the in
come 10 which his parent looks for support 1t
Is, 1t Is true an element in the prod uction, but
not pTeponderaring one. A test may be found
In an answer to the question, hetier, if the
sons personal labor were Withdrawn by call.
him to the military service, support FOR the
parent or widow would rem ain. II it would
and IN the case supposed it would, since his
superintendent could he supplied, and the
productive eapability Of his capital would re-
main-then the claim to exemption cannot be
allowed JAMES B. Fry.
Provost Marshal General.