The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-08-31
Selective Service Law
Held Valid By Federal
District Judge Speer


The Department OF Justice has made
public the following opinion rendered
yesterday at Mount Airy, Ga, by
Judge Emory Speer, United States
Judge for the Southern District of
Georgia, sustaining the constitution
atty of the selectiye service law:
Albert Jones and yohn Story, I'M
prisoned in the Richmond county
Jail under commitment for unlawful
ly failing to register for military duty
as required by the act of Congress Of
May Is, 1917, known popularity as the
selective draft law, have made appli-
cation for writs of habeas corpus
They allege that their imprisonment
is unlawful. The charge that the
enactment, made to raise National
Army, is violative of the Constitu-
ton Of the United States. 1t is insist
ed that the authority exercised by the
United States under this legislation is
void because the act contravenes the
thirteenth amendment This provides
that Neither slavery nor involuntary
servltude, except as punishment Of
crime whereof the parties shall have
been duly convicted, shall exist within
the United States or any place subject
to their jurisdiction
Soldiers Not Slaves
TO agree to this contention we
must conclude that the soldier is a
slave. Nothing could be more alb
hOrrent to the truth nothing more
degrading to that indispensable and
gallant body of citizens trained in
arms, to whose manhood, skill, and
courage is, and must be, committed
the task of maintaining the very ex-
istenCe of the Nation and all that its
people hold dear. The Grand Army
of the Republic, the Confederate Vet
Grams, and the Sons Of Veterans are
not maintained to preserve the tradi-
tons of slavery. Nations do not pen
, sion slaves to commemorate their va
lor. They do not give in charge their
names to the sweet Tyre nor does
Sculpture in her turn
Give bond in stone and ever endur-
ing brass
To guard and to immortalize the
trust"
The sole additional ground of the
petition is that by the common law it
was the right of petitioners to remain
within the realm and that this right
should now be held to relieve them
from military service beyond the Dor
ders OF the United States. The re-
ply IS that the common law-that is,
the immemorial English law-can
not prevail as to lac United States
or its people against the explicit pro-
vision OF an act of Congress. Nor has
i d court OF the United States power ia
declare an act OF Congress invalid be-
cause it is inimcal to the common
law. The touchstone for such judicial
power is the Constitution, and moth
! ing else. 1t remains to be determined
whether the Constitution has conferr-
ed authority on Congress to enact
! this law. Clause II OF Article /. Sec
ton 8, of the Constitution en-
Congress TO raise and support arm
les
This power is plenary. 1t is not re
strlcted in any manner Congress may
summon to its Army thus authorized
every citizen of the United States.
Since it may summon all, it may sum
mon any. Said the Supreme Court
i'll the case Of the United States VS.
Iarble, IS Wallace, 4O5, Among the
powers assigned to the National Gov
crnment IS the power to raise and sup
port armies Its control over the sub
Ject IS plenary and exclusive. 1t can
determine without question from any
state authority how the army shall be
raised, whether by voluntary enlist
ment or forced draft. the age at which
the soldier shall be received and the
period for which he shall be taken, the
compensation he shall be allowed and
the service to which he shall be as
signed
National Guard Service
1T is urged that by this legislation
Congress has taken over and in this
way conscriptcd the National Guard.
1t is contended under clause IA of the
article and section above quoted that
such militia can be used onfv to ex
ecute the laws Of the Union to sup
press instruction and repel invasion.
Since these petitioners are not mem
bers Of the National Guard. in no
event could their rights in this way
be affected. But the National Army
is mot the Militia A. oro,,, - ,