Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-11-20
SUPREME COURT WILL
HAND DOWN DECISION
.ON SELECT SERVICE
Expected That Constitutional
ity of Famous Law Will Fin
ally Be Passed Upon Before
Christmas Holidays

WASHINGTON. D. C., Nov. 1.-THE
United States supreme court will make
an early decision on the constitutionality
OF the draft law. The nine so-calleC
Stacker cases have been CONSOLIDATED
and set for hearing December 10. BY
Christmas it is possible the court will
render it's decision.
AT the same time it is expected the
court will hear arguments on the con
stitutionality of sending drafted mer
abroad. This question has not yet been
judicially raised. but il is understood
cases will be brought 10 the supreme
court at an early date
The two questions are absolutely
separate" said Hannis Taylor. noted a.
the exponent of the contention that the
drafted army cannoi be sent outside the
United States The right Of exemption
from foreign service is quite distinct
from the question OF the draft laws
constitutionality. l contend. and shall
argue to the supreme court, that this
law is constitutional.
Neither have / a particle of doubt
on what the court will rule as to the
right OF the drafted man to exemption
from service on foreign soil | regret
the question OF constitutiorality of the
draft law has even been raised, because
do not wish to see the other question
cIouded"
Eight of the cases to be argued De-
cember % are the result of prosecutions
for negIecting to register as required
by the draft law. The ninth case, that
against Emma Goldman, anarchist, is
brought under another section of the
draft law which makes IT a crime to
resist the draft. Emma Goldman IS
charged with making speeches and cir
culating literature urging resistance to
the draft. The New York court SEN
fenced her to San Quentin penitentiary
I'm California for a long term. An APP
peal was granted her by Supreme Court
Justice Brandies. who also directed rea-
sonable bail be accepted pending an APP
peal.
The other cases came up from Ohio,
Minnesota. Georgia and New York. The
titles of these cases are Ruthenberg We.
the United States. (Ohio); Arver VS.. the
United States; Grail VS.. the United
States; Wangerin We. the United States
(Minnesota): Kramer VS.. the United
States (New York;, and Jones VS.,
Perkins (Georgia).
ThoSe VINO contend the draft law IN
itself is unconstitutional rely on the
clause in the constitution which forbids
involuntary servitude. basing their ar
gument on the contention that enforced
military service amounts to involuntary
servitude. This is the argument urged
by Thomas Watson, of Georgia, who
inspired the Georgia cases. Federal
Judge Speer. of Georgia, rendered IA
decision declaring the law constitU-
tionaI and an appeal was taken.
The constitutionality of the law is
upheld on the ground that the federal
government is given authority specihcal-
ly by the constitution 70 draft men for
three purposes. namely, to enforce the
laws, to suppress instruction. and 10
repel invasion. This provision of the
constitution was invoked I'm 1863 when
congress authorized Lincoln to draft SOL
diers to suppress insurrection. The court
has held the law then passed was con-
stitutional. The present law is almost
identical.
Constitutional lawyers generally agree
with Hannis Taylor that the draft Law
as such will be declared constitutional.
1t is only matter Of getting q court
declaration at an early date. on the
question involving the constitutionality
of sending the troops abroad, there Is
a much wider division of opinion, some
holding with Taylor that service out
side the country is opposed TO the con-
stitution