New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-11
Pacifst Lawyers
Advise Directors
Draft Is Illegal
Bolster Exemption Claim,
ants With Opinion Law
Won't Stand Test

Conscientious DIRECTORS are the par
ticular pets of the Civil Liberties
Bureau. This bureau is maintained
by the American Union Against Mill
tarism, at 70 Fifth Avenue. 1t has the
volunteer services of forty lawyers to
advise men how to press their claims
for exemption from military service
on the ground that their conscience
will not permit them to fight. II also
tells them what will probably happen
to men who resist conscription. Along
with the advice it holds out the prom
Use that the conscription law will be
tested before the Supreme Court and
probably will be found to be "uncon-
stitutional."
The bureaus activity IS not merely
local. 1t extends throughout the coun-
try. The letterheads give the names
of lawyers in thirty-six cities. to Whom
directors may appeal for advice.
The bureau maintains an active
propaganda. II consists of letters,
leaflets and pamphlets, which are sent
everywhere through the mails. Ihey
tell the objector what to do and what
not to do, letting him know that there
is a widespread combine Of directors
and encouraging him to olive up to his
conscience" The propaganda special
ICES in legal opinion on the dra1t law.
Most of 1t is devoted to describing
how un-American the law is.
Attitude of the States
Preliminary to an analysis of the
DIRECTORS right there is this: =.
Liberty of conscience is essential
" an Anglo-Saxon tradition for which
our ancestors fought and died. and for
which thousands emigrated to Amer
lea. Indeed, liberty of conscience is SO
essential a feature of our traditional
liberties that Of thirty-six states
whose constitutions or statutes PROVIDE
for drafting men for military service
twenty-eight Of them specihcally ex-
empt from bearing arms those who
have conscientious scruples against
it," -.
ioiatos VI. Constitution. at
seems likely from present indications
that the CONSUMPTION law Will be tested
in the courts. The issue has meyer
been before the United States gu
preme Court; Inc 9e,,e sei Is r ea
sons: -.:.,
"It violates Article Of the Constitu-
tion and particularly Section l and SUB
division i of Section Of the said ar
ticle in that it assumes TO delegate the
powers specifically reserved to Con,
gress. TO wit, legislative powers ana
Inc power TO raise and support armies,
to the President. 40
AT violates Section l Of Article Is
Of the Constitution, which prohibits IN
voluntary servitude except as a punish,
ment for crime, whereof the party snail
have been duly convicted.
at violates the First Amendment TO
the Constitution, prohibiting Congress
from making any law respecting an es
tablishment Of religion in that ~ as
sumes IN recognize a certain religion
and 10 discriminate in favor OF the sd-
herents Of such religion. IL denies tne
"free exercise Of religion" guaranteed
by the amendment.
Fifth Amendment Cited
at violates the Fifth Amendment 70
the Constitution in that IL subjects eiti-
zens 10 deprivation Of life, liberty or
property without due process OF law,
In that il assumes TO confer upon the
President discretionary and arbitrary
powers in the selection Of citizens for
drafting into the army =,
at violates Section 4 Of Article 4 OF
the Constitution, which guarantees to
every state Of the Union republican
form Of goyernment BY the terms OF
the act Of May IS, 1917, citizens of the
various states may be kept In the army
In foreign service during the period OF
emergency which may be forever, sub
Jet 70 military law and possibly under
the command Of q foreign non-rcpub-
lean government. II two million citi-
zens can thus be drafted and kept
under martial law, ten million can be
80 drafted. and the entire male popula-
ton may be kept in the army indefinite
Iu thus auhHtituting military AutocracY