Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-05
THE DRAFT.

The following opinions in regard to exemn-
items have been promulgated by Col Joseph
Holt, Judge Advocate General OF the Army
TIE only Son Of Aged or Infrns Paren. or Parent,
Exemptions.
0pinion.-The only son of aged or in firm, pa
rent or parents is rot exempted unless his pa
rent or parents are dependent on his labor tor
their support. II he is in a condition TO sup
port and does support them without his perso-
nal labor for that purpose, he is subject to draft
because be is IN condition to perform military
service. without dfpriying his parents Of the
support, the law designs to secure them The
parents need not bs wholly dependent on ~.
labor OF their son for support. Ii they are SO
dependent tor the principal part of their sup
port, the right 10 exemption then arises.
IN the case Of H'idoic having far Sons.
Opinion.-in the case of widow having
four soTs, three of whom are already in tht,
military service, the fourth is exempt, provided
his mother is dependent on his labor for sup
port.
In Ike case Of Fido@ ha'.sn1 Ttco Sons, osee OF
lrhom is already ia TIE Military .Scrcice
Opinion.-Iu the case of 4 widow having two
sons, cne OF whom is already in the military
service. and the other has been drafted, the
latter is exempt, as the only son liable to mill
tary duty in the sense Of the act.
In TIE ease Of Aged or Ihfrm parents aar;pa t,yo
or more Seas sutieet TO Military Duty
Opinion.-ln case OF aged or infirm parents
having two OF more sons subject to military
duty, election of the son tn be exem pied must
be made before the draft, and his name should
NOT then appear in the draft-box. If one OF
only two sons Of such parents is already in
military service, the other Is exempt, provided
his parents are dependent on his labor for their
support.
Of Persons hori,.g onScientious Scrup8es in re-
gard to Bearing Arms.
Persons having conscientious scruples in re.
gard TO bearing arms are not on that account
exempt. They are not found in the list Of ex-
empted classes, and the act expressly declares
that no person except those enumerated in that
list shall be exempt The society Of Friends.
drafted, may find relief from their scruples in
the employment of substitutes, or in the pay
ment of the three hundred dollars.
Of Nan Whose Wife is Insane.
Opinion.-The children of an insane mother
who may, at any time, recover her reason, can
not in the sense of the law, or with any propri-
ETY. of language, be termed motherless chill
dren. The father of such though they may be
dependent on his labor for their support, can
not, therefore, claim exemption from the draft
The case is hard one, and would proba-
bly, have been provided for, had it been FORE
seen. II is, however, the law as 1t is and not
as 1t may be supposed 1t ought to be, that II is
10 be so enforced.
Died Is, the Military serrice; also of Aged or In
frm Parents Eleesng sohich Of 7iro Sons m0y
be Ezempt.
Opir;on.-In the case of a father having four
cons, two of whom have died in the military
service, 1t seems clear that the remaining two
are not exempt from draft. Before such ex-
ernption can be allowed it must be shown that
the father has not had two sons in the military
service, SO the law is written. Congress might
we'll have accepted the loss OF two sous IN she
field as equiyaIenf 10 their continuance Ia the
service, and therefore securing the same priv
eges 10 their falnil but this has not been done.
TO hold otherwise would not be Interpretation,
but legislation.
In the case Of aged and infirm parents hav-
ing two sons subject TO military duty, the ia
which of thern shall be exempt. The right OF
this exemption does not rest upon the pfrents'
tirpe dence the lat or of their sons for sQp-
D, the law DOES not contemplate any such
d. ependence