New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-21
Judge Speer Denies Plea
for Release of Registra-
ton Stacker
Soldiers Not "Slaves"
Defends Fighting Overseas as
Only Way to Prevent
Invasion

MOUNT AIRY, Ga, Aug. 2O.-De-
nouncing the view that citizens drafted
10 serve this country in war are on d
mar with the slaves of the days before
the Civil War, Federal District Judge
Emory Speer held the selective drai'
law constitutional in a decision here
to-day in the case Of Albert Jones' a
negro. represented by Thomas E. wat
son. Watson contended that the Ia"
"a in contravention of the involuntary
servitude provision Of the Constitu-
ton.
The decision declares the men draft
ed in the Civil War were not, and can
not be. considered as slaves. Many OF
them are now receiving pensions II
points out. "and nations do not pension
slaves to commemorate their valor'
Jones. in whose behalf Watson
brougbt the test case, is imprisoned IT
tho Richmond County jail for failing
TO register. He sued for a writ OF ma
beas corpus.
As to Fighting Abroad
After disposing of the involuntary
seryitude" contention and the rlght o.
Congress to call on all citizens 10 SER
tho nation in a time OF national perm
the opinion of Judge Speer says:
"Tbore remains to be considered the
contention that Congress cannot EN-,
rIoy The National Army 70 be created
bv virtue of this legislation IN IOI
cicr lands or beyond the seas. II TINS
is true. then indeed IS our count
inpotent. Then must us people lhqeGu
sufTer in their own homes' IN Nc
cities and on their tarms' an tne NJ
rors Of invasive war. us nltiUa lGaT !,
ers must ignore the settled prlICtpIe
of their science, that the Des1
% :. Tho most vigorous offensive.
.sTbs kaen swords of its sons instead
e sasbirg over the guard OF the enemy
and piercing his vitals must pe NJ Nv
immovable as If on an an'Lt ~ 80
shattered by the reiterated oio"' "
his hammer. ~ oid IN the field,
D'pi Jofeats will visit and crush
our allies. Their lands co,'tue' IN ~
tbeir navies taken, we must Cne"' -
turn. solitary and alone, meei on oHt
own soil the impact OF Victot'oIs a. 49,
barbarous legicns whose raw w - ~
SarSid tbeir service abroad, but whica
III - ibair fierce and veteran armies
80 deeds of conquest in every cline.
Would BE Open to Invader
"Uere this contention maintainab!e
tho misguided men who Tor thelE, per
eonal ease advance IL, might al 700
late discover their fatal error lheJ
would discover it in the naming nome
stead5, In the devastated heids' IN M
dered brethren, in outraged wives sAo
daughters; in their lands, their rae
tories. their merchandise, tEelr SloC"
their all. coolIy appropriated by ,hs
conqucror, as his own their lnstllu'
lions destroyed; homeless, landless an
beggars, 70 spend whatever lnterVa! O.
degraded life remains 70 them IN an
iect slavery 10 the conqueror.
"But our organic law does not s.
shackle the gigantic energies OF IN
great Republic. After the enumera
ton of the powers Of Congress, anon.
them as We have seen, the power :,
raise and support armies IN clause
of Article /, Section <, lt provides IN
mower TO make all laws which shall b
necessary and proper for carrying mt
/ execution the foregoing powers and al
other powers vested by this tonstltu
tom in the government Of the Unite
states or in any department or Office
thereof Here is the greatest rtservol
! of power to save the national existence
Need No Express Power"
at is said that there is no expires
rovycr 10 send armies beyond the sel
| True. but there is no express power
enact the criminal laws Of the Unite
/ States: none TO convey the public DO
main; to build a transcontinental ran
road, nor TO construct the lstnmIa
/ Canal, nor 20 create the lnterstat
| Commerce Commission, nor 70 decIar
! the Monroe Doctrine, nor to make IN
! Louisiana Purchase, nor to buy Alaski
or 20 take over Porto Rico and IN
Philippines. =,
This has all been done under tn
| great power 70 promote the generI
| welfare, Just as the selective army wi
/ be created under the law here assaIle'
/ TO provide for the common defence
/ and beyond and above all is the lnnel
| emit power of every nation, however OF
/ ganized, TO utilize its every man an
/ its every energy 70 defend its llbert
/ and to defeat the migration 70 II
| soil of mighty nations of teroclou
warriors, whose barbarous hnhumanlt
| for three years has surpassed all other
since the death of Attila, the scourg
of of Cod