The southern aegis, and Harford County intelligencer., 1863-08-28

IN n-tne son remaining at nome Is not
exempt, unless his father be aged or in
firm, and be also dependent on such sons
labor for his support jG Ts1lJ;p;Tt.
JAMES B. Fry,
,-..s's-.s -.s.s-,--pe-Preyost Marshal General,
CIRCULAR NO: 73-eAsE or SONS OF
a90lea AGED ANDINFIRM PARENTS
II Var Departmea,t, Provost Mdtshal
Generals Office, Washington, Aug. goth,
1868. The following opinions of Colonel
Joseph Holt, Judge Advocate General,
are published for the information and gui-
dance of all officers If this Bureau.
In the case where there are only two
sons of aged and infrm parents, and bo'h
are drafted. CLAUSE 4, sec. 2, Enroll
ment act.)
Opmion.-"Where, through inadvert-
ence or ignorance Of the law, aged or in
firm parents, having two sons, have omit
ted before the draft to elect which shall
be exempt, and bath hare been arafte9, it
seems that the right of election should
still be allowed to be exercised at any
time before the notice to report u the
board of enrolment expires. The reason
of. the rule heretofore established resuir-
ing tDis election to be made before the
draft, was that q different course would
result i'll "a practical exemption Of two
sons instead Of one This reason, bowey-
ever, does not apply in the case--necessa-
mi nF vap mn ,rrop /. l ,I,nro hoAk
have been drafted, since whichever may
be elected, one still remains for the militia
ry service, which is all that the law claims
or contemplates. The reason Of the rule
failing, the rule itself should be relaxed
in such extreme cases, since the object of
the law will thereby be accomplished,
without the slightest hazard Of compromi-
sing the public interests"
With regard to the meaning of the
word '"labor,' in section 2 of the enroll
ment act. -~tf ''' *
Opinion -"Labor is defined to be 'bodi-
ly or mental exertion.' 1t may, within
the meaning of the law, be either physi-
cal or intellectual; itmay be professional,
commercial or agricultural; and each of
those forms of labor may exist under nodi-
fications, or in combination with each 9th
er The means for the support of the pa.
rent or widow must be produced by this
labor, whatever may be its character. It
need not be ohoJy produced from it, but
it must be mainly So !."ae' .'t ol
81 "a parent or widow receiving support
from son whose income is derived from
divideuts' or rents cannot be said to be
dependent on his labor; l'ut if that in
come were entirely the fruit Of profession
III or physical toll, then the case would be
clearly within the purview of The law
10 mixed cases, where the income is the
product Of labor and capital operating
the application Of the law is
more difficult Its object will
probably be best secured by holding, as
that in such cases the income
which furnishes the support must be
mainly derived from the personal labor
of' the son! II, for example, the son be
j merchant DR. rpanufacturer, whose bust.
ness, under his personal superintendence,
yields hin, an annual revenue of SIC, 900
land such personal superintendence could
not be estimated as worth more than S3,-
200 per annum-it could not be said, in
the sense of the law, that his labor yield
ID thefincome to which his parent looks
for support It. is, it is true, an element
u the production, but not a preponderating
,ne. "a test may be found in an answer
% the question, whether, if the sens per-
'onal labor were withdrawn by calling him
% the military service, q support for the |
parent OF widow would remain. IL il
sould-and III the case supposed it would, |
!incc his superintendeace could be sup
JHed, andithe productive capability Of his
,apital would rcmain--then the claim to
Exemption cannot be allowed. % a5a a@9
f'a X. s'.s' sia JAMES b, FRY,S "a
i Provost Marshal General.
OF PERSONS OF FOREIGN |