Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-06
CONSTITUTION
TOBE INVOKED
BY OPPONENTS
Continued From Page ~
by the constitutional exemption, to
leave American soil.

by the constitutional exemption, to
leave American soil.
Court Will Do Its Duty.
"The executive order of July 10,
made in defiance of Section 8, Article
1, Is palpably unconstitutional and
void. No loyal American has the
right to SUI that courageous and
in~corruptible federal judiciary will
fail to do it's duty when its aid Is in
voked."
In support of his contention, Taylor
quotes the opinion of Attorney Cen
era1 Wickersham, who on February
II, 1912. advised President Taft that
the constitution would not permit
sending the national militia abroad.
THE constitution distinctly en-
umerates the three, exclusive purpos-
es for which the militia may be called
Into the service OF the United States,
Wickersham wrote. "These purposes
are: First, to execute the laws Of the
Union; second, to suppress insurrec-
ton; and third. to repel invasion.
"These three occasions, represent
ing necessities Of q strictly domestic
character, plainly indicate that the
services of the militia may, be only
its territories"
Taylor also quotes several state
ments made by President Wilson in
public addresses, declaring that the
constitution does not permit the
president to send the national militia
out Of the United States. One Of
these occurred in New York, in Jan
uary, 1916, when President Wilson
said:
IT believe It is the duty Of con-
gress to do very much more for
he national guard than 1t has
ever done heretofore. I believe
that that great army of ma
tional defense should be built up
and encouraged to the utmost;
but you know, gentlemen, that
under he constitution of the
United States that national guard
is under the direction Of more
than two core states, that it is
not permitted to the national
government directly to have o
voice in its development and or
ganfzation, and that only upon
occasion of immediate invasion
has the president of the United
States the right to ask those men
to leave those respective states"
Taylor contends the draft army is
in reality merely the organized ma
tional militia. The law providing for
the draft Is merely an extension and
amendment Of the national defense
act Of June 8, 1916, which is a law
defining the composition Of the mi
litia and dividing them into three
classes-national guards, naval mi
litia and un-organized militia. The
draft deals with the un-organibed mi
litia.
Condemns Act Of Congress.
Taylor says an effort was made by
inserting in the act Of May 1S, 1917,
certain cabalistic words which
would authorize the president by an
executive order to convert the nation
al militia called forth as such by con-
gress into a part Of the regular army
of the United States, and thus deprive
them Of their constitutional exemp-
ton"
Taylor contends the congressional
order of July 10 attempting to con-
vert the militia into regulars is void.
Says he:
1.-The short and conclusive answer
to all such pitiful and seditious non
sense Is two-fold: In the first place,
the cabalistic. and scarcely. grammati-
fcal terms Of the act. when properly
Econstrued, do not clearly indicate that
fer upon the president a power which
the constitution expressly forbids II
to exercise itself; in the second place
If such Is the purpose of hat part OF
the act, 1t is grossly unconstitutional
because, in the words of Attorney
General Wickersham, congress can
not by its W enactment enlarge the
power conferred upon 1t by the con.
stitution,' and If this provision were
construed to authorize congress to
use the organized militia for any 9TH
| err than the fhran nJ1rn0coc cnaojRoI
it would be unconstitutional"