Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-08-24
JUDGE SPEER TELLS
WHY NEW SELECTWE
SERVICE LAW Is VALID
Continued From Page one.J


manner. Congress may summon to
it's army thus authorized every citi-
zen of the United States. Since IL
may summon all, it may summon
any.
(Here followed a supreme court d.
,ision to the effect that the governmeI
Is empowered to raise and support a
mics by voluntary enlistment or force
1raft.'O
1t is urged that by this legisla-
ton, congress has taken over and
in this way conscripted the nation
al guard. This, it is said, Is the
state militia. 1t is contended un-
der clause IA of the article and sec
ton above quoted that such mill
tia can be used only to execute the
laws of the union to suppress insur-
rection and repel invasion. Since
these petitioners are not members
of the national guard. in no event
could their rights in this way be,
affected. But the national army is
not the militia.
AS we have seen, congress in the
exercise of the power to raise ar
mics may summon to the colors
every citizen. 1t follows that the
states even if they so desire, cannot
defeat this power, by enlisting such
citizens in the state troops or ma
tional guard. Was this possible, 1t
would be also possible for the states
to prevent altogether the raising of
armies by congress.
WOULD MEAN DEFEAT.
There remains to be considered
the contention that congress can
not employ the national army TO De
created by virtue of this leglsla-
ton in foreign lands or beyond the
seas. If this be true, then indeed
is our country impotent. Then IN
deed must it's people suffer in their
own homes, in their cities and on
their farms, all the horrors of in
vasive war. Its military leaders
must ignore the settled principles
of their science, that the best de-
fensive is the most vigorous OF
fensive. The keen swords OF its
sons instead of flashing over the
guard of the enemy and piercing his
yitals, must be held immovaole as II
on an anvil to be shattered by the
reiterated blows of his hammer. De-
nrived of our aid in the field, sue
cessive defeats will visit and crush
our allies. Their lands conquered
turn. solitary and alone, meet on our
own soil the impact of victorious and
barbarous Iegions whose laws do
NOT forbid their service abroad, but
which inspire their fiercerand Veter-
an armies to deeds of conquest In
every CLINE. ,
Was this contention maintain
able. the misguided men who ZOE
their personal cas- advance In
might all too late discover their
fatal error. They would discover
II in the flaming homesteads, in the
devastated fields, in murdered bretn-
rem. in outraged wives and daugh-
ters: in their lands, their factories
their merchandise, their stock. their
all. cooIly appropriated by the con-
uueror, as his own; their lnstltu-
tons destroyed; homeless. landless
and beggars to spend whatever IN
terval of degraded life remains 10
them in abject slavery to the con-
queror. g
But our organic law does not so
shackle the gigantic energies or
the great republic. After the enum-
Grafton of the powers of congress,
among them as we have seen, the
power to raise and support armies,
in clause II of article /, section 3,
it provides the power ito make all
laws which shall be necessary and
proper for carrying into execution
the foregoing powers and all other
powers vested by this constitution
in the government of the United
States or in any department or Of
reservoir Of power to save the ma
tional existence.
1t Is said that there is no ex-
press power to send armies beyond
the sea. True; but there is no ex-
press power to enact the criminal
laws of the United States; none 20
convey the public domain; to build
a transcontinental railroad; nor to
construct the Isthmian canal; nor
to create the interstate commerce
commission; nor to declare the Mon
roe Doctrine; nor to make the
Louisiana purchase; nor to buy
Alaska, or to take over Porto Rico
and the Philippines. This has all
been done under the great power
to promote the general welfare,
lust as the selective army will be
created under the law here assailed'
ito provide for the common de-
Tense"
And beyond and above all, is the
inherent power of every nation
however organized to utilize its
every man and it's every energy to
defend It's liberty and to defeat the
migration to it's soil of mighty ma
lions of ferocious warriors, whose
barbarous inhumanity for three
years has surpassed all others since
the death of Attila, the Scourge of
God The writs are denied.
All Question of Legality
or Ah l.. @ LII Z.