The labor world. [volume] (Duluth, Minn.) 1896-current, 1917-11-24
SUPREME court
Will SOON PASS
ON DRAFT Law
Hearing Of Test Gases Will Be
Held Dec. 10; Two Cues.
ti0nS Are Involved.
BY ellison Gardner.

WASHINGTON, Nov. 22.-The
United States supreme court will make
an early decision on the constitution
ality of the draft law. The nine So
called "slacker" cases have been con-
solidated and set for hearing Dec 10.
By Christmas it is possible the court
will render it's decision:
At the same time it is expected the
court will hear argument on the con-
stitutionality of sending drafted men
abroad. This question has not yet
been judicially raised. but it is I'M
derstood cases will be brought to the
supreme court at an early date.
"The two questions are absolutely
separate said Hannis Taylor, noted
as the exponent Of the contention that
the drafted army cannot be sent out
side the United States "The right of
exemption from foreign service is quite
distinct from the question Of the draft
laws constitutionality. contend.
and shall argue to the supreme court,
that" this law is constitutional.
Neither have I a particle of doubt
on what the court will rule as to the
right Of the drafted man to exemp-
ton from service on foreign SOIL I
regret the question of constitutionality
of the draft law has even been raised,
because do not wish to see the other
question clouded."
Eight of the cases to be argued
Dec. 10 are the result or prosecution
for neglecting to register as required
by the draft law. The ninth case.
that against Emma Goldman, anar-
chist, is brought under another Sec
ton of the draft law which makes it
a crime to resist the draft Emma
Goldman is charged with making
speeches and circulating literature
urging a resistance to the draft. The
New York court sentenced her to
San Quentin penitentiary for long
term. An appeal was granted her by
Supreme Court Justice Brandies, who
also directed reasonable bail be &C
copied pending an appeal.
The other cases came up from
Ohio, Minnesota, Georgia and New
York. The titles of these cases are
Ruthenberg VS.. The United States.
(Ohio); Arver VS.. The United States;
Grail VS.. The United States: Wan
germ VS.. The United States (Minne-
sota); Kramer VS.. The United States
(New York;; and Jones VS.. Perkins
(Georgia).
Those who contend the draft law
in itself is unconstitutional rely on the
clause in the constitution which for
bids Involuntary <servitude basing their
arguments on the contention that en-
forced military service amounts to in
voluntary servitude. This is the argu-
ment urged by Thomas Watson of
Georgia, who inspired the Georgia
cases. Federal Judge Speer of
Georgia rendered decision declaring
the law constitutional and an appeal
was taken.
The constitutiOnality of the law is
upheld on the ground that the fedora,
government is given authority speci-
fically by the constitution to draft men
for three purposes: namely, to enforce
the laws, to suppress insurrection, and
to repel Invasion. The provision of
the constitution was invoked in 1853
when congress authorized Lincoln to
draft soldiers to suppress instruction.
The court has. held the law then
passed was constitutional. The pres
ent law is almost Identical.
Constitutional lawyers generally
agree with Hannis Taylor that the
draft, law as such will be declared
constitutional. It is only matter of
getting court declaration at an early
date. On the question involving the
constitutionality Of sending the troops
abroad, there is much wider diver->
sion of opinion. many holding with
Taylor that service outside the coun-
try is opposed to the constitution.