Arizona republican., 1917-08-24

published The opinion in this case was quoted with approval in Dick inson vs. Board of Chosen Free
 holders (71 N. J. l.. 5S9, 60 All. 220)
 where it was held that state as well the federal census must be taken into account in determining the pop ulation of a county The code of
 Iowa QS97, section 4S, paragraph 26) provides: The word population, where used in this code or any statute
 hereafter passed, shall be taken to be that as shown by the last preced- ing state or national census, unless otherwise specially provided. The
 compiled laws of Utah GS07, section 249S, paragraph 19) contain an all most identical provision. This com prises all the law that I have been able to find on this subject and every line of it is in accord with my contention that the census of 1910 and not an estimate of the present population should be used to de-
 termine the draft quotas.
 I also desire to know by what
 authority of law the census bureau
 estimate of the population in 1915 instead of the census of 1910, was , used as the basis for determining the quota of each state at the offi- cers' training camps beginning on August 27, 1917? If there is lawful authority for the use of estimates of population, why was not the same ! estimate used in apportioning the admission to these officers camps as illustrate the injustice that has crept in by reason of the departure from the official census figures, permit me to direct your attention to the fact that Arizona is required to furnish a gross quota of 447S men while but 52 of her citizens will be permitted to attend the second officers train ing camp. Our sister state of New Mexico must provide a gross quota of 3,S56 men, yet S3 New Mexicans will be given an opportunity to be- come officers in the national army i In other words, New Mexico will furnish an excess of 31 officers whose
 duty will probably be to drill the 622 additional men who will be drafted from my state. If the census of 1910
 had been adhered to in all cases. this evident unfairness could not have arisen.
 In view of all this confusion. it , seems to me that the only proper way for you to proceed is by promptly as certaining whether or not an error has been made in departing from the census figures of population in ap- portioning the quotas of officers and men to the several states. I have. therefore, to suggest that you call upon the department of justice for a legal definition of the term the population" as used in section of ! the selective draft act. If the at i torney general should decide that. you are bound by the totals of the census of 1910, it will then be possible for Iyou to right the wrong that has been
 done by equalizing the quotas when 1 the second draft is made.
 l As the bureau which is most famil-
 far with this subject in a practical way, 1t seems to me that the census office might be able to throw some light on the meaning of the word | population" l, therefore, respect 1 fully request that you make suitable 1 inquiry of the director of the census 1 for his views on this question
 I Speaking for the people of Arizona | can truthfully say that they are not seeking a way to avoid their full duty in the present war They will | promptly obey the selective draf,
 law in both letter and spirit whenever the meaning of the Act is officially 1 interpreted.
 Yours very respectfully,
 | CARL HAYDEN, l NJ C Arizona