Lexington dispatch-news. [volume] (Lexington, S.C.) 1917-1919, 1917-11-14
Foung Mems Christian
Association For Soldiers
ie Mass Meeting Of Citizens For
Thursday Night In Lexington
Court House.


EARLY DECISION BY THE SUP
RENE COURT, EXPECTED ON
DRAFT.
Washington, D. c., Nov. 12.-
The United States supreme court Will
make an early decision on the consti-
tutionality Of the draft law. The
nine so-called "slacker" cases have
been consolidated and set for hearing
December 10. By Christmas it is
possible the court will render it's de-
cision..
/ At the same time it is, expected the
court viii hear arguments on the
|constit utionality of sending drafted
men abroad. sTkis question: has not
yet been judieially raised, but it is IN
derstood cases viii be brought to the
Eslpfeme court at an early date.
The two questions are absolute
II separate said Hannis Taylor, no.
ted as the exponent of the conten-
Etien that the drafted array can not
Be sent outside the United States.
ssThe right of exemption from for
eign service is quite distinct from
the question Of the draft laws con-
stitutionality. contend, and shall
argue to the supreme court, that this
law is constitutional
Neither have ] a particle of doubt
on what the court will rule as to the
right Of the drafted man to exemp-
ton from service on foreign soil. l
regret the question of constitution
atty of the draft law has even been
raised. because + do not wish to see
the other question clouded."
Eight Of the case to be argued De
cember 10 are the result Of prosecu-
tions for neg1ecting to register as re
quired by the draft law. The ninth
case. that against Emma Goldman an
archist, is brought under another sec
ton Of the draft law which makes
it crime to resist the draft. Emma
Goldman lis Acharged with making
speeches and circulating literature ur
ging resistance to the draft. The
New York court sentenced her to San
Questin penitentiary in california
for a long term. An appeal was
granted her by Supreme Court Jus
tice Brandeis, who also directed reas
enable bail be accepted pending an
appeal. - ~
The other cases came up from
Ohio, Minnesota, Georgia and New
York. The titles of these caseshare
Ruthenberg VS.. The United States,
(Ohio} Arver VS.. The United States
Grahl VS.. The United States; Wan
geon VS.. The United States (Mmne-
sota) Kramer VS.. The United States
New York;: and Jones VS.. Perkins
(Georgia.) l,,,,.
Those who contend the draft law
in itself unconstitutional RELY on
the clause in the constitution which
forbids involuntary servitude, bas-
ing their argument on the conten-
ton that enforced military service
amounts to involuntary servitude.
This is the argument urged by Thorn
as Watson of Georgia, who inspired
the Georgia cases. Federal Judge
speer of Georgia rendered a decision
declaring the law constitutional and
an appeal was taken. .....
The constitutionality Of the law is
upheld on the ground that the fede>-
al government is given authority spe
cifcally by the constitution to draft
men for htree purposes: namely, to
enforce the laws. to suppress insur-
rection and to repel invasion. This
provision of the constitution was in
voked in 1868. when congress au-
thorized Lincoln to draft soldiers
to suppress insurrection. The court
has held the law then passed was
contitutional. The present law is
almost IDENTICAL >
Constitution lawyers generally
agree with Hannis Taylor that the
draft law as such viii be declared
constitutional. Il is only matter
OF getting court declaration at an
early date. On the question invol-
wing the constitutionality Of sending
the troops abroad. there is much
wider division Of opinion, many hold
ing with Taylor that service outside
the county is opposed TO the consti
tuition. 81