The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-05-31
Startling Admission by AttOr-
ney in X. c. Cases.
Declared Many Men Would Not
Register Tuesday.
HE BLAMES THE NEWSPAPERS
States They Have OccasiOned
Every War Except Revolution.
Says the Government Assumes
"TyrannicaI, Arbitrary Power"

Kansas CITY, May 3l.-J uuge Daniel
Bird, in the circuit court here this
afternoon denied an injunction to pre-
vent state officials from enforcing the
draft registration next TueTday.
Judge Bird held that the draft law
was valid and that his court had no
jurisdiction to prevent it beng carried
out. From the bench he recommend
ed that Thomas Sullivan and Ray
mond I. Moore, the petitioners, both
of whom are eligible for registration,
seek out the first enlistment place
without attempting to evade the regis
tration law.
J. d. Shewalter. attorney for the
petitioners. announced Immediately af-
ter the decision was rendered that
he would go to jefferson City tonight
for the double purpose of endeavoring
to obtain an appeal hearing before the
supreme court and of instituting man
damus proceedings against the COVER
nor and other state officials These
he hoped if granted, would prevent
the enforcement of the registration
law throughout Missouri
Kansas City. May 31.-Arguments
began in the circuit court of Jackson
county here today on the injunction
petitions. filed by officers of the Fed
Grafton for Democratic Control. to en-
join Governor Gardner, Mayor Ed
wards and other state. county and
city officials from enforcing the draft
registration next Tuesday. The state
was represented by F. w. McAllister,
attorney general of Missouri; Samuel
Sparrow, representing the local cleo
ton commissioners. and Jacob Harz-
field, representing Mayor Edwards.
The argument to be presented by
J. D. Shewalter, for the petitioners.
was that the registration and draft
was illegal as it violated amendments
to the federal constitution. preventing
involuntary servitude. It also was
not in accord. he said with sections
of the Missouri state constitutions.
Attorneys said the proceedings
brought up cases of law not contained
in the recent decision of San Fran
cisco courts upholding the draft.
Mr.. Harzfeld was prepared to as
sert that the supreme court of the
United States had held the draft to be
legal. He had quotations from a SUI
preme court decision which said that
a man may be compelled by force,
against his will without regard to his
personal interest or even his religious
or political belief to take his place in
the ranks of the army"
Every point to be brought I'D by
Mr. Shewalter, Mr.. Harzfeld said. had
been overruled in previous supreme
court decisions. To add weight to his
arguments. he expected to say that
the state court had no Jurisdiction and
that such action as the present pro-
ceedings could be brought only in the
federal court.
The injunction proceedings were
filed in the names of Raymond L.
Moore and Thomas Sullivan.
Newspapers to Blame"
Shewalter appealed to the doctrine
of states rights" in his argument
saying that state, county and city Of
ficials had no power to carry out the
federal duties assigned to them in the
registration work. His argument
which was lengthy and composed
largely of legal references, contained
such phrases as military empire -
| liberty is threatened to be struck
down" registration has no existence
under the constitution" and when
| you strike down free speech YOU
strike down the bulwarks of govern
ment."
He declared that the newspapers
! had forced the country into war as
! he said, they had occasioned every
other war this country ever had had
with the exception of the Revolution.
Many of the legal references made
/ by Shewalter were from cases before
the civil war, growing out of viola
lions of the fugitive slave law, and
several from courts of the southel n
states, principally Kentucky. He f4e-
quently quoted from the writings and
speeches of Jefferson and Maids IN.
His most frequent remark was that
state officers could not be used tc
carry out the registration because state
officials neve' before. he said, mad
| been used in FEDERAL positions
| He declared The federal government
was assuming 'tyrannical and arb,-
trary power" in conscripting men.
| During his argument he said many
men would not register next Tuesday
but made no further reference to thai
statement. He said that he himself
did not fear Imprisonment or even
death in opposing the registration
and CONSUMPTION.
Shewalter closed by showing that
drafting men constituted involuntary
contracts which were not legal under
either federal or state laws
| Shewalter also attacked the estab-
llshment of the selective board, saying
they were tribunals for whose APP
pointment no provisions ever had been
made and that legally they could
not choose which man should be eX-
empted and which taken for the draft
ed army.
Mr. Harzfeld opening his arguments
against the injunction warned all per-
sons subject to the registration not
to fail to enroll next Tuesday.
There will be no lack of material
with which to build jails for those who
refuse to observe this law. and there
will be officials to enforce it," he said
| There should be no mistake now. as
there was during the Civil war. Then
the vacillation of a few led many to
believe the draft was not constitutional
and the result was the shedding of the
blood of thousands of persons. There
is no question of the validity of the
draft law. Each question raised here
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