Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-10-25
DRAFT LAW VALID :
j. S. COURT SAYS
CONSUMPTION Act Upheld by Dis
trict Court of Appeals In
New York.

New York, Oct. 23-The constitutional
ity Of the selective draft law was affirmed
by the United States circuit court of APP
peals in decision handed down yesterday
in the case of one John Angelus. an Aus.
TRAN subject. who sought an Injunction
against Louis Aaronson, Edward Wagner
and John Sullivan. members Of local draft
board 155, to restrain that board froea
holding him for the United States military
service. The suit was instituted by A.
gelus to obtain a review in the courts u
the action taken by the board under the
provisions Of the draft law. Angelus claim
ed that the law was unconstitutional, and
that the courts possessed Jurisdiction to
enjoin the board from certifying him for
service
The injunction was originally sought In
the district court, and was dismissed by
Judge Julius n. Mayer. 1t was then APP
pealed to the circuit court Of appeals.
Judge Mayer held that the courts should
not interfere with the draft law, az at
IL a military measure in time of war. and
it would be most subservive Of military
control and the proper disposition Of this
extremely difficult problem If the courts
should interfere in this situation"
The decision Of the circuit court Of ap-
peals was ready by Judge Rogers. judged
Ward and Hough, the other judges Of
the court. concurring.
Judge Rogers began by stating that the
circuit court of appeals entertains no
doubt as to the constitutionality Of the re-
lective draft law, and in support of this
view cited from the decision Of the late SUI
preme Court Justice Field, who in do.
cision handed down in 1871 upheld the gov.
ernment's power to raise armies.
Judge Rogers then proceeded with the
decision in the present case. the first to
be considered by SO high a court since
the law was passed last spring.
This court" he said, has no doubt
as to the constitutionality of the act of
Congress. The Constitution. Article l..
Section 8, expressly provides that the
Congress shall have power to raise and
support armies. and to provide and main-
tain a navy. and to make rules for the
government and regulation of land and
naval forces.
1.-THE purpose Of the conscription act
| is to raise an army. and the right to
raise 1t does not involve the exercise of
an implied power. but one expressly
granted. How can the courts deny to
Congress a right which the Constitution
| in plain and distinct terms confers upon
| it?
1.-THE Constitution in comforting the
power upon Congress has not prescribed
the mode in which the power shall be ex-
A., ercised. The power is conferred fully, COM
pletely. and Internationally. 1t is for Con-
gress to determine the means by which
the army be raised. 1t is left to its judg-
ment whether it shall be raised by con-
scription. At the time the Constitution was
adopted conscription was not an unknown
mode Of raising armies, but had been re-
| sorted to by governments throughout the
world. II 1t had been intended that Con-
gress should not have the power to raise
anything than volunteer army. the grant
| of power would have been restricted and
not unconditional.
"Conscription was resorted to by both
sides during the Civil War. and the VALID
ity of the draft laws was upheld by the
courts in the North and South" -
Holding that the decision Of the loca
and district boards was final when rem
dered within the scope Of their jurisdic
ton. and after fair hearing and in goot
faith. and holding that the courts havt
no power to review the action OF thost
boards when the proceedings have beer
held in accordance with law, the couri
decided that the bill should be dismissed.
If Angelus is an alien as he claims hi
is entitled to exemption. Judge Rogers
said. and IN order to obtain his release
he should have sought 1t by writ of habeaa
corpus, instead Of by an equity injunction
suit.
But" added Judge Rogers, what
ever remedy the complainant may have
or not have there can be no doubt thai
he is not entitled to the relief he ask
in his bill of complaint"