Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-12-10
A--A - - - 0T
al Apv SlolooS lpono
LAW IS ANSWERED
Restraint of Liberty Is Nee
essary to Certain Extent,
Brief Declares.
WAR is MATTER OF NATIONS
No Appeal in Militia Ques-
tion Lies With Court but
Is With President.

WASHINGTON, Dec. s.-In n brief
made public tonight asking the su-
preme court to dismiss cases attack
Ing the constitutiopality OF the select
i've draft law, the government asserts
that power conferred upon congress to
to compel military service either ut
home or abroad. the legality OF which
has been repeatedly upheld by the
courts. The situation in Russia ~
pointed to. without mentioning the
name, as demonstration that there
can with safety be no absolute free
dom In civilized societies.
The cases now before the court in
clude nine appeals from Minnesota.
Georgia and Ohio, In which persons
were convicted for either falling TO
register on June s. or OF attempting
to block the operations OF the act by
Urging others OF draft age not to COM
ply with II. Among the cases are
those OF Emma Goldman and Alexan-
der Berkmar, convicted in New York
after having made speeches opposing
the law. Argument on them probably
will begin Tuesday.
A Success In Past.
'1t is true that the law provides
for the restraint of the liberty OF the
citizen to certain extent" the brief
sets forth.
yet to protect most truly the lib
critics OF people who live together in
communities. 1t Is plain that some
exercise of governmental powers are
necessary. There is no absolute free
dom In civilized societies.
Our own history prior to the adop-
ton Of the constitution'and the pres
ent experience OF one OF the allies
vividly show that the government
which exercises least powers may be
the instrument Of tyranny In the hands
OF domestic disturbers as we'll as the
facile tool OF foreign conquerors. Mill
tary service, cited as an extreme ex-
ample OF restriction of personal lib
erty. Is only temporary. Incidental to
the security OF the citizens as a whole.
and only so far imposed as Is neces-
sary for the purpose"
A Success N Post.
The brief characterIzes as sun
founded" the contention that comprl-
sorry military service 's contrary to
the spirit Of democracy and saws that
while occasions for the draft In this
country have been infrequeui. lit has
been resorted to without flinchins
when the emergency arose" 1t was
largely thru this method that the revo-
lutlOnary war was sue ctsS uiiV CoI-
cluded, tho government dcc,aies
.'War now IL not u matter OF men,
but Of nations" Il adds.
"AIl OF the resources OF the combat
ants, human and material, arc thrown
Into the scale. And Il Is In the power
of the government to compel, 40 IL IL
the duty Of all Its citizens TO give re-
sar,iIcss OF personal preference, the
service which they can most effective
~ Iendcr."
President Supreme.
Replying to the contention that the
militia can not be ordered out by the
president or sent abroad for duty, the
government says:
ut has long been settled under our
scheme OF constitutional government
and the statutes. that the power re-
sides I'm only one person to decide
when the emergency arises which JUS
titles the calling out Of the militia. that
person is the chief. the
president 1t is not even for the gov
ernor Of the state, much less pri-
vate militiaman, to say that the presi-
dent 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
frannanf .lactinng