The Little River news. (Ashdown, Little River County, Ark.) 1897-current, 1917-12-15
LEGALITY Of DRAFT
IS UNQUEsT|0NABLE
Government Asserts Power Conferred
Upon Congress to Declare
War Also Gives 1t Right
to COnscript.

Washington, Dec. 1O.-In a brief
made public last night asking the Su-
preme court to dismiss cases attack
ing the constitutionality of the selective
draft law, the government asserts that
power conferred upon congress to de-
clare wsr carries with it authority to
compel military service either at home
or abroad, the legality of which has
been repeatedly upheld by the courts
The situation in Russia is pointed to,
without mentioning the name. as al
demonstration that there can with
safety be no absolute freedom in civil
izei societies.
The cases now before the court in
;ludes nine appeal from Minnesota,
Georgia and Ohio, in which persons
were convicted for either failing to
register on June 5, or of attempting to
block the operations of the act by urg-
ing others of draft age not to comply
with it. Among the cases are those
of Emma Goldman and Alexander
Berkman, convicted in New York after
| having made speeches opposing the
l;iw. Argument on them probably will
1 begin Tuesday.
''It is true that the law provides for
the restraint of the liberty of the citi-
zen to certain extent the brief sets
| forth.
No Absolute Freedom.
tsYet to protect most truly the lib
critics of people, who live together in
communities, it is plain that some gov
ernmental organization and some ex-
e.'cise of governmental powers are ne
cossary. There is no absolute free
dem in civilized societies. Our own
history prior to the adoption of the
:oEs tuition and the present expert
ance of one of the allies vividly show
hat the government which exercises
east powers may be the instrument of
tyranny in the hands of domestic dis
.urbe.s as we'll as the iacile tool of
,oEeign conquerers. Military service,
cited as an extreme example Of re-
ST. iction of personal liberty, is only
temporary, incidental TO the security
of the citizens as a whole, and only so
far imposed as is necessary for the
purpose
The brief characterizcs as "un-
founded the contention that compul-
scry military service is contrary to the
spirit of democracy and says that while
occasions for the draft in this country
have been infrequent. 1T has been re-
sorted to without f1inching when the
, nergcncy arose" 1t was largely
through this method that the revolu-
tionary war was successfully conclud-
ed the government declares.
War now is not a matter of men,
bit OF nations" it adds.
All Resources Into Scale.
All VI lHc IcSOuICcS VI Tic COiIlDdt-
ants humfn and material are thrown
into the scale. And if it is in the pow
er of the government to compel, so it
is the duty of all its citizens to give,
regardless of personal preference, the
service which they can most effectively
render
Replying to the contention that the
mill ia cannot. be ordered out by the
president or sent abroad for duty, the
government says:
"It has long been settled under our
scheme Of constitutional government
and the statutes that the power resides
in only one person decide when the
emergency arises which justifes the
calling out of the militia snd that per-
son is the commander-in-chi the
president. 1t is not even for the gov
crnor of a State, much less a private
militiaman, to Say that the president
has wrongly decided.
But the matter is solely within his
discretion and no appeal lies to the
courts. Correction for possible abuse
is in the power of impeachment and
frequent elections"