The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-10-24
Opinion Upholds Conscrip-
ton Act and Governments
Power to Raise Army
AUSTRIAN'S SUIT
MADE A TEST CASE
Injunction Charging That the Court Had
Authority to Interfere in the Boards
Decision Dismissed - Draft Resorted
to in Civil War.

NEW YORK, Oct. 24.-The consti
nationality of the selective draft law
was affirmed by the United States cir
cult court of appeals in decision hand
ed down in the case of one John Ange-
lus, an Austrian subject, who sought
an injunction against Louis Aaronson,
members of Local Draft Board 155, to
restrain that board from holding him
for the United States military service
The suit was instituted by Angelus to
obtain a review III the courts of the ac-
ton taken by the board under the pro-
visions of the draft law. Angelus
claimed that the law was unconstitu-
tional, and that the courts possessed
jurisdiction to enjoin the board from
certifying him for service.
The injunction was originally sought
by Judge Julius y. Mayer. 1t was then
appealed to the circuit court of APP
peals. Judge Mayer held that the
courts should not interfere with the
draft law, as cit is 4 military measure
in time of war, and it would be most
subversive of military control and
the proper disposition of this extremely
difficult problem if the courts should in
terfere in this situation.
The decision of the circuit court of
appeals was read by Judges Ward and
Hough. the other Judges Of the court,
concurring.
Judge Rogers began by stating that
the circuit court of appeals entertains
no doubt as TO the cOnstitutionality of
the selective draft law, and in support
of this view cited from the decision of
the late Supreme Court Justice Field,
who in a decision handed down in 1871
upheld the government S power to raise
armies
Judge Rogers then proceeded with
the decision in the present case, the first
| to be considered by 50 high a court
since the law was passed last spring.
This court, he said, ''has no doubt
as to the constitutionality Of the act of
congress. The constitution, article T.,
section $, expressly provides that the
congress shall have power to raise and
support armies, and to provide and
maintain a navy, and to make rules for
the government and regulation of land
and naval forces.
1.-The purpose Of the CONSUMPTION act
+, is to raise an army. and the right to
raise it does not involve the exercise of
an implied power, but one expressly
! granted. How can the courts deny to
congress a right which the constitution
in plain and distinct terms confers up.
on it.
"The constitution in comforting the
power upon Congress has not prescribed
the mode in which the power shall be
exercised. The POWER is conferred fully
completely, and Internationally. II i
for congress to determine the means
by which the army be raised. 1t is
left to its Judgment whether it shall
be raised by CONSUMPTION. At the tim;
the constitution was adopted conscrip
tion was not an unknown mode of rails
ing armies. but had been resorted to by
governments throughout the world. i
it had been intended that congress
should not have the power to raise any
thing more than volunteer army, tn,
grant or power would nave been re
stricted and not unconditional.
"Conscription was resortcd to b,
both sides during the Civil war, and tn,
validity of the draft laws was uphelt
by the courts in the North and South. ;
Holding that the decision of the loca
and district boards was final when rem
dercd within the scope of their juris
diction, and after 4 fair hearing and j
good faith, and holding that the court
have no power to review the action o
those boards when the proceedings hav
been held in accordance with law, TIL
court decided that the bill should b
dismissed.
50 Angelus is an alien as he claim
he is entitled to exemption, Judge Roe
ers said, and in order to obtain his n
lease he should have sought II by wri