Evening journal., 1917-11-14
court RULES OUT
DRAFT ACT ATTACK
Donald Stephens, Of Arden,
is Cited for Trial
Here
HE REFUSED
TO REGISTER

In a long opinion delivered yesterday
afternoon, Federal Judge Bradford up
held the constltutlonallty Of the draft
law and dismissed the demurrer OF
Donald stephens, Of Arden. stephens
declined TO register, was indicted, and
must now stand trial. He is son OF
Frank stephens, one OF the founders OF
Arden.
Judge Bradford refers TO the claim
that all men constitute the militia, but
that It cannot be sent abroad, and says
I'm other words, II Is contended that,
however exigent the demand for mill
tary operations on a large scale In
Europe. however inadequate the regu-
| lar army to conduct those operations,
the Government Is pOwerless In THIS
D dire struggle between democracy and
powerful autocracy, practicing the
/ atrocities OF barbarism anG threatening
the freedom Of the world, TO compel
anyone not belonging TO the permanent
military forces Of the nation to nght
for this country in the only place
where. perchance, his efforts may be
Of avail.
Were such the case, the American
nation would present a pltiable spec
tacle Of emasculated sovereignty. But
regard the contention as utterly un-
D sound The fundamental right OF sell
preservation forbids any construction
of the CONSUMPTION so limiting powers
Of Congress essential to continued ma
tiOnal existence.
/ In the preamble to the Constitution
+. 10 is declared that the people Of the
I United States do Ordain and establish
8 this Constitution in order TO provide
A for the common defense, promote the
I general welfare, and secure the bless
/, ,kines Of liberty TO ourselves and our
posterity.' AS means to the attainment
OF these benencent ends the COnstitu-
tlons empowers Congress to declare
!, war, to raise and support armies, to
u provide and maintain a navy, and, In
y addition to the provisions touching the
d militia, TO enact all laws necessary and
o proper for carrying these powers into
r. execution. These broad powers, es-
y sential TO the welfare and life OF the
l. nation, are not, ! think, restricted OF
is impaired In any manner by the provi-
II slons touching the militia"
The court refers to the declaration
s Of war with Germany. and says:
p Under these circumstances, the po
3 sitiOn taken on the part OF the defend
a- ant that, although an able-bodie'
n American citizen Of proper age, he haN
- not given his consent and, therefore
~ cannot be compelled TO serve his coun
~ try In a foreign field or submit &
- registration, cannot be maintained. Tha
u the exercise OF the constitutional pow
g er to raise armies should be dependen
e. upon the consent Of the proposed sol
diers is a startling proposition whic
is this court is not prepared to accept.
IT, IL am satisfied that Congress, und'
OF the power TO declare war, TO raj;
on armies and do all things necessary an
le- proper for the execution Of that powe
ire has full constitutional authority
nv fconscrlption TO organize the militia
10 the United states for foreign WarfaI
.en and as incident TO the exercise Of th
authority, TO provide for and enf0r
the registration Of those liable to sery
o' Further, IL does not appear that 1!
Is army the Government is engaged
'es raising may not be used TO execute u
'ir' laws Of the Union, suppress insure
ms tions and repel invasions,' as we'll
My 10 serve abroad. and IL is not deni
md that for the former purposes Il
militia Of the United States may
her compelled to register and render mi
the tary service.
vas 1T is argued thai the exemption
NE IllfIllnNAN Va ANANEAAAaaA NtAAA VI
which hold certain beliefs and q
ose holding to service Of persons, n
,ay. members Of such churches, or Of al
the church, who hold the same belief,
ior- an act Of establishment Of religiO
aed in the sense I'm which the words a
.ich used in the constitution. 1. G., the co
ferring OF a benefit upon a persC
in qua, church member, which wou
sses be refused to the same person we
\ he not such a member And furth
an, that the exemption Of the clergy a
,ovs divinity students by Section 4 IS
I to direct move in the establishment
NAT religion. II recognizes them as a eli
nv exempt from certain duties Of otl
mia citizens. and is a direct. legislat
dav support Of recognized churches
fling sects by bestowing an immunity uT
ner their leaders, There are two answ
and to the second ground Of demurrer. 5
Then tion is not a law respecting an
was tablishment Of religion, OF prohil
- fnor fha fron ovpreigo thprpof ClpQ