The daily Nome industrial worker., 1917-10-11
AN IMPORTANT CASE.

The forthcoming test of the con- estitutionality of the Conscription Law which is now slated to be heard before the United States Su- prcme Court on December g, is one of more than passing interest di' re1tIy and indirectly.
 Indirectly in view of the fact tha' il draws attention 70 tho peculiar position that the Supreme Bench occupies in the direction of affairs in the nation, and the absolutely unique position it occupies com pared to the highest courts in all other civilized nations.
 II alone has power to set aside ihe laws passed by legislative bodies diets. congresses. parliament. Its members alone are not 10 be re. moved from office during their goon conduct. regardless Of the fopuiar demand or the will ot the legisIa- lures.
 Directly two very important ques- ,fons are to be finally disposed of, one the conatitutionality Of the draft itself and the other tue status oi ;hc National Army and whether or not such is 10 be considered part e the national militia. Ard if part rf the national militia whether the members of that Army can he sent over the seas for Frtiye service in foreign country.
 Just now il is fair to say that the most brilliant jurists and the most 5Hu=trioHs authorities on nsticnal and international law are at sea tu vHa extent that they are divided it. 1brlr opinions Yet it wonld bc safe to say that the most conserva- 5iYe view is that the militia may not be sent overseas and that the National Army is merely the orga- nizaton O. the heretofore unorga Nizcd militia.
 The Supreme Court ninety years ago decided that no mem hr of the militia cculd bl seat for service into. a for cign country. The whole subject has been reviewed at the request of President Taft by Attorney General Wickersham who wrote an cXhars- tive report sustaining this eXemp, non from foreign service and de- iiyercd the same as 8" official oQin. ion in 1912.
 This view was also taken by Pre- 5ident Wilson in speeches delivered tp New York. Cleveland, Milwaukee and Topeka It is quoted fIo the latter that he said "The nationa authority has no right to call upoI them (the national guard) for an! service outside the states, unless thu territory of the nation is actuall! Inyaded".
 Attorncy-Gcneral Wickcrsham' thorough review of the subjec ,agfirms that the militia can neve h, employed for offensive warfar TSNLSlOC tnC Unlleu otdteS'
 The National Defense Act, 1916 still standing upon the statutes de fires what the Militia is, and it uDon this definition that those wh question the right Of the govern mcnt to send drafted men outsid the United States found their ot jections:
 COMPOSITION OF THE Mill ~FIA.-Thc militia of the Unite states shall consist Of all able h' died citizens of the United State and all other able bodied males wh have or shall have declared the' intention to become citizens of tn T,ritcd States who shall | more than IS years of az except as in hereafter provided n' mere than 45 yeara of age and sai militia shall he divided into thr' zl2-aa3. the national guard Il naval militia and the unorg2ni1, militia"
 Now the legal authorities contcn that the coascription act of May .9l7. is simply supplement of u act of June g. 1916 (whcrcin II militia Is above dofncd). passe with ;he avoved purpose of "orga' lzing the uuorganizcd militia" 1ho United States.
 Military authorities have pontc