Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-22
Circular Ne. 73-ta&e Of Sons Of Aged NJ
Infirm Parents.

Prorost MARSHAL Generals OTee,

WAR DEPARTMENT,
Protost MARSHAL Generals Office,
Washington, ID. c., august 20, 1865.
The following opinions of Colonel Joseph
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.
tClause I, section 2, Enrolment act.)
OPINION.
.sWhere, through mad yertence or ignorance
OF the law, aged or infirIn parents, having two
sons, have omitted before the draft 10 elect
which shall be exempt, and both hare bern
dTGted III seems ID at the right of election should
siill he allowed TO be exercised at any time be-
fore the notice to report TO the Board OF Earoii-
ment expires. The reason of the rule hereto
lore established requiring this election to b.
made btfore The draft was that a different course
would result in a practical exemption OF two
ssrs instead of one This reason, however.
occurrence-whereb both sons have been drafted.
since whiche yer may be elected, one still re-
mains for the military service. which Is all
that the law claims or contemplates. The rea
son OF the rule failing, the rule itself should
be relaxed in such extreme cases, since the Oh
iect of the law will thereby be accomplished.
without the slightest hazard OF compromising
the pc bile 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 ex-
eruon.' 1t may, within the meaning OF tbs
law, be either physical or intellectual; it may
be professional, commercial, or Agricultural;
end each of these forms of labor may exist un-
der notifications, or in com bination with each
other. The means for the support Of the pa
rent or widow must be produced by this la Dor.
whatever may be its character. 1t need rot
be aoholly produced from it, but ii must DO
" SO. parent or widow receiving support
from son whose income Is derived from diyi-
dends or rents cannot be said to Re dependent
on his labor but il that income 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 cooperating
together, the application of the law is rem
dered more difficult Its object will proba-
bly, be best secured by holding, as suggested
that in such cases the income which fur
nishes the support must be mainly derived
from the personal labor Of the son. If,
for example, the son be merchant or manu-
superintendent, yields him an annual re venns
Of Sic, e00-and such personal superintendence
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 TO which his parent looks fer support It
is. ii .s true an element in the prod uction, but
not apreponderatin2 one A test may be found
in an answer TO the question, whether, if the
sons personal labor were Withdrawn by call
him to the military service, support for the
parent or widow would remain. If it would
and in the case supposed 1t would since his
superintendent could be supplied, and the
productive capability of his capital would re-
main-then the claim to exemption cannot be
allowed" JAMES b. FRI,
Provost Marshal General.