New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-06
DRAFTED MEMS Law INVALID
J1-pGE BRow::. AT NEwBURG. DECLARES THE
ACT OF 1892 UNCONSTITUTIONAL.

-ncr ppoVv,; AT NEwBIRG DECLARES THE
At-r OF 1892 UNCONSTITUTIONAL.
Newburg Aug. tSpeciaD-The whole state IN
narts of which towns have already paid Dack the
money due 10 drafted men under the act OF lss-'
viii he interested to learn that Judge c. +. Brown
holds the act mentioned TO be unconstitutional HIS
decision to-day Is a long one. and is brought out
O., tho su,t OF Hudson g. Bush against the Board
~ sunervisors of Orange County, Hiram r. Os-
,rander and others. Ostrander was a resident Oh
the town of Monroe. Orange County In iSos ne
was drafted He put up the cash Tor SUBSTITUTE
and now seeks to get so" oacH uhoer 'hc II"
ouo,ed which permits towns TO rails" the funos Tor
80, rur,oses Thousands Of such drafted men In
the STATE have been getting their money or part
Of IT, back and thousands more want 10 90 So pu'
Judge Browns decision will not only stop the i"h
hut will make, II II stands. those VINO nave re-
ceived the $500 from the various towns reiuhn H.
The case was argued before Judge Brown about
,wo or three weeks ago by Mr.. Guthrie OF the hrm
>,f Seward Guthrie, Morowitz q Steele. OF New
York CITY who made such telling points against
the constitutonalty Of the Income TAX peioIe 'hc
Supreme Court at Washington. and as In That
celebrst ted case he has won.
The Courts conclusions that the act Is IN
itself unconstitutional Judge Brown quotes from
the act of 1892 and says that under the act OF
Congress Of 1864 any person drafted could Obtain
his discharge from liability under the drait py
furnishing an acceptable substitute 10 take MS
Mace In the draft or Dy paying 10 Inc government
agent the sum OF $500 for the procuraton OF such
substitute. Legislation Of IA character preciseiy
similar TO that has been held TO be unconstitutional
IN the courts of the States of Maine. Massachu-
setts Pennsylvania and Kentucky. distinction
exists In the opinion Of the courts. between. Inc
acts OF the Legislature authorizing the raising OF
money for the payment OF bounties 10 induce men
TO enlist In the Army and also for repayment or
money which had been advanced by the town or
by individuals 10 a public fund for the purpose OF
procuring enstments. and laws the objects "'
which were 10 refund moneys paid by individuals
for their private benefit The power OF taxation
possessed by the Legislature Is OF the proaicst
character possible and includes the power 10 recoH
nigc claims against IN. state or It's supuiNisiois
founded only In equity justice. not IN "
or charity. In the absence Of express ~
restriction the Legislature can make appr 1 .
of public money whenever the public t ,h =
Will be- promoted. hut the question whemsri we m
purpose Tor which the money is raised Is puor rha
private is for the courts TO deteri'',e. II
money paid by drafted man to c esospS Sbpnrn"iai
service In the Army was In no sehse , ne,' 49,,
10 the public. The sole object OF the psyem. pyrYn nd
10 escape the performance OF pubic seiress @ a"'
A. was analr which concerned the ura'. .eu ~
alone. Not In the slightest degree did p'o"'''e
- public good.