Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1917-08-09
HOLDS DRAFT | /. \
ARMY EXEMPT
From Military Service in For
eiign Lands.

from MlllltaIy;; 0eIVlce ~ Tor"
eiign Lands.
Washington: Aug. An effort
will be made by those who believe
that the constitution of the United
States is still in force, and that un-
der our constitution no administra-
tion has a right to.send a selected or
draft army, or state militia to for
eign land for fighting foreign foe
to determine this unsettled point.
"A test case beforesthe United States
Supreme Court is now being made
up, and competent lawyers have been
employed to present the arguments,
and to demand that writ be issued
to prevent moving the drafted ar
mics to France. II the court sus-
tains such a position the draft army
will have to be held at home, and
foreign activities IN the war carried
on by the regulars, and by men
who have volunteered for such SER
vice. si.z
The administration is preparing to
contest this position before the court
and has set its best lawyers to work
upon the case. The attorney in
charge of the test ease for the other
side is a prominent eastern lawyer,
Hannis Taylor. formerly American
ambassador TO Spain, and an author
ity upon constitutional law. He does
not appear as q paeifcist or as one
personally opposed to- the war.
He is quoted as saying:
Il believe there is a terribly i'm
portant question as to theApreserva-
tion of the constitution at stake, and
there are others who believe as l do;
and they are determined this case
shall be argued properly and decided
properly before these boys are sent
abroad
Neither the national militia (the
draft army nor the state militia
can be sent abroad. The constitu-
tion does not permit it. War does
not suspend the constitution. The
federal courts, with the supreme
court of the United States at their
head, will certainly check any un-
lawful attempt to force any branch
of the militia, protected by the con-
|stitutional exemption, to leave Am
efican soil.
The executive order Of July 10,
made in defiance of Section 8, Ar
ticle L, is palpably unconstitutional
and void. No loyal American has
| the right to assume that courageous
and incorruptible federal judiciary
will fail to do its duty when its aid
is invoked
In support of his contention, Tay-
lor quotes the opinion Of Attorney
General Wickersham, who. on Feb
lruary II, 1912, advised President
Taft that the constitution would not
permit sending the national militia
abroad.
THE constitution distinctly enum-
crates the three exclusive purposes
for which the militia may be called
into the service Of the United
States" Wickersham wrote. These
purposes are: first. to execute the
laws Of the union; second, to sup
press insurrection; and third, to re-
pei invasion. ~
DRAFTED Men AAfilitia''?? 3
Is, These three occasions, repre-
senting necessities aof q strictly do
nestle character, plainly indicate
that the services of.the militia may.
be only upon the SOL Of the United
States OF its territories & &
Taylor also quotes several state
.ments made by Pre6ident Wilson IN
public addresses. declaring that the
constitution does not permit the
spI.resid dent to send tn q national militia
ont 81 the United States. One OF
these occurred In Nssws FORK In Jan-.
nary, 1916. when President wilson
said "
s.,I believe It is sti duty OF con-
Rress to- do very much more for the
guard thsn ft has done
heretofore. belieYe 1that that great
U.s.. sss