The Seward gateway and the Alaska evening post., 1917-08-27

Taylor haS set TOT ms opiiiloh III entitled: Loyalty to the the only true stand of pa triotism." The introductory paragraph of this pamphlet sums up the matter as follows:
 Neither the national militia (the draft army) nor the state militia can be sent abroad. The constitution does not permit it. War does not suspend the constitution. The federal courts, with the supreme court of the United States at their head, will certainly check any unlawful attempt to force any branch of militia, protected by the exemption, to leave American soil.
 "The executive order of July 10, made in defense of Section 8, Article 1, is palpably unconstitutional and is void. No loyal American has right to assume that courageous and in- corruptible federal judiciary will fail to do it's duty when it's aid is invoked"
 In support of his opinion, Taylor quotes the opinion of Attorney Gen eral Wickersham, who on February IT, 1912, advised President Taft that the constitution would not permit of sending the militia abroad.
 
 "The constitution distinctly enum- crates the three exclusive purposes for which the militia may be called into service of the United States" WickerSham wrote. "These purposes are: first, to execute the laws of the Union; second, to suppress insurrec- ton; and third, to repel invasion.
 "TheSe three occasions, represent ing necessities of strictly domestic character, plainly indicate that the service of the militia may be only upon the soil of the United States or it's territories"
 Taylor also quotes several state ments made by President Wilson in public addresses, declaring that the constitution does not permit the Pres ident to send the national militia out of the United States. One of these occurred in New York, in January, 1916, when President Wilson said:
 "I believe it the duty of congress to do very much more for the national guard than it has ever done hereto fore. 1 believe that the great army of our national defense should be built up and encouraged to the utmost; but you know, gentlemen, that under the of the United States, the national guard is under the direction of more than two score states, that 1t is not permitted to the national gov ernment directly to have voice in its development and organization, and that only upon occasion of immediate invasion has the President of the United States the right to ask those men to leave those respective states.P
 Taylor contends the draft army is in reality merely the organized na- tional militia. The law providing for the draft is, merely an extension and amendment of the national defense act of June 3, 1916, which is law defin- ing the composition of the militia and dividing them into three classes-na- tional guards, naval militia and un- militia. The draft deals with the un-organized militia.
 Taylor says an effort was made by inserting in the act of May IS, 1917, certain cabalistic words which would authorize the President by an execu- tive order to convert the national mi litia called forth by congress into a part of the regular army of the Unite ed States, and thus deprive them of their constitutional exemption"
 Taylor contends the congressional order of July 10 attempting to con- vert militia into regulars is void. He says:
 "The short and conclusive answer to all such pitiful and seditious non sense is two-fold: In the first place the cabalistic and scarcely grammati- cal terms of the act, when properly construed, do not clearly indicate that the congress really intended to con fer upon the President a power which the constitution forbids it to exercise itself; in the second place if such IS the purpose of that part of the act, 1t is grossly unconstitutional, because, Tn the words of Attorney General Wick ersham, congress cannot by its own enactment enlarge the power con- ferred upon it by the constitutionP and if this provision were construedto authorize congress to use the organ ized militia for any other than the three purposes specified, it would be unconstitutional"