The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1917-08-17
CROWDER WILL
RESIST CHARGE
AGAINST DRAFT
James S. Easby-Smith Replies
to Charge of Uncon-
stitutionality
PANS HANNIS TAYLOR
By gibson GARDNER.

By gibson GARDNER.
WASHINGTON. D. c.. AUG.
tT-Provost Marshal General
Crowder 10 preparing to meet
the contention that the seleo.
tive service draft law Ia uneon.
stltutionai.
he is sending out pamphlet
by James s. Easily. Smith. pres.
idcnt OF the District OF colum.
bia Bar Association, replying
to tannls Taylor's charge OF
unconstitutionality.
Smith says Taylor's address Is
dangerous propaganda II, would
be less insidiously dangerous" he
writes had IL emanatcd from n
man OF less distinction than DR..
Taylor"
Names Vices
The fundamental vices" OF Dr
Taylor's argument according to
Smith. are
First. because every citizen In
unit of the militia OF his state
(the militia consisting OF every
able bodied male capable OF bear.
ing armsl. he remains militlaman
even when called Into the service
OF the United States. and therefore
into the service Is limited by con.
stitutlonal provisions relating TO
the militia.
Second. an act of congress de-
clarlng war and directing It's prose-
cution IL not law OF the union
which the militia may be called
upon TO execute: and sending
troops abroad 10 destroy the enemy
before he can do uS irreparable In.
jury at home IL not within the
phrase TO repel inyasions'. coupled
with his statement that the su.
preme court has so decided. which
is not true.
Third. his utter misinterpreta.
ton OF the other constitutional
powers OF congress to raise and
support armies. to provide and
maintain a navy. and TO regulate
the land and naval forces. "
supports Contention
To support his contention that
the government has full powers
over drafted men Smith quotes
Mai. Samuel T. Anscll. 4. s. judge
advocate. arguing for the constitu.
tionality OF the Hay bill to which
the draft law liz an amendment
Mai Ansell says
The power OF congress TO
raise armies finds no Limitation
In the terms OF the grant or In
any other provision OF the con-
ssitution. And none can be
implied out OF Difference to
state or individual right with.
out offending reason, historical
precedent and legal principle.
Preservation OF the nation and
Of all It's constituent elements
10 the dominant national pur.
pose"
Smith denies 1.-The constitution
prohibits taking the militia out Of
tho United States or that their use
Is limited ito execute the lays OF
the union. suppress Instructions
and repel invasions"
He says the militia existed and
exists before and Independently OF
the constitution or any other com.
pact or written law.
Quotes Wiekershsm
Former Attorney General Wick.
ersham expressed the opinion that
the constitution. enumeratinE OK.
elusive powers. affords no warrant
for use OF the militia except TO
suppress instruction. repcl inva.
sion and execute the laws of the
union. and the president had no
authority. in time OF peace. 10 send
the militia into foreign country
with the regular army.
Concerning the presidents pow.
or TO call out the militia to repel
invasion. he said:
1.-The term 10 "repei inva.
sion" may be. In some respects,
more elastic In its meaning.
Thus, II the militia were called
into service OF the general gov.
eminent to repeI Invasion. II
would not be necessary to dis
continue their use at the boun-
dairy line. but they might. with
In certain limits at least, pur.
sue and capture the invading
force. even beyond that line
mfr. Wickersham dia not fall
into the egregious error of Dir
Taylor that. the militia being the
whole body of arms-bearing citi.
zens. no member can be taken into
the regular or standing army ex-