Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-09-13
EDITOR
Selective Draft Declared Constitutional

AT least one judicial decision has upheld the con.
stitutionalty of the selective service law This
was rendered last month by Judge Emory Speer
of the United States court for the southern dis
trict of Georgia. His language is emphatic and
eloquent. In denying the benefit of habeas corpus
to two men held for violation of unlawfuly failing
to register for military duty as required by the
seective draft law, Judge Speer first disposed of
the contention that the act contravenes the thr-
tenth amendment which forbds slavery and in
voluntary servitude. On this point he said in part
To agree to this contention must conclude that
the soldier is a slave Nothing could be abhor
rent to the truth. nothing degrading to that in
dispensabe 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
existence of the nation and all that its people hold
dear. The Grand Army of the Republic, the Confed-
crate Veterans and the Sons of Veterans main
tanned to preserve the traditions slavery Nations
do not pension slaves to commemorate their valor.
They do not give in charge their the sweet
Tyre" nor does
Sculpture in her turn
Give bond in stone and ever-enduring brass
To guard and to immortalze t., trust
Successfully then the decision wipes out the
claim that the common law protects citizen from
involuntary military service beyond the borders of
the United States, saying that the common law can
net prevail against the explicit provision of act
of Congress- and the plea that the act involves
scrpton of the national guard contrary to the pur
poses for which that body was organized, bOth as
the court points out, because the petitioners were
not members of the national guard and the national
army is not the militia but "body of men whose
business is war;" Congress in the exercise of the
power to raise armies, the court holds, may sum-
mon to the colors every citizen. It follows that
the states even if they desire can not defeat this
power by enlistng such citizens in the state troops
or national guard. Were this possible it would be
also possible for the states to prevent altogether the
raising of armies by Congress-" ..r
Pursuing this line of reasoning, Judge Speer de.
elares that if it was true that Congress can not
employ the national army to be created by this leg
islaton in foreign lands or beyond the seas; then,
indeed is our country impotent." If it's military
leaders must ignore the settled principles of their
science that the best defensive is the most vigor.
GUS offensive, then:
Deprived of aid in the field successive defeats
win visit and crush allies. their lands conquered
their nayies taken, then in turn solitary and
alone meet on soil the impact of victorious
and barbarous legions whose laws do forbid serv
dbIOdo which inspire their nerce and veteran
armies to deeds of conquest in every cline. .~"
With graphic description of what invasion by
so ruthless foe meant the court shows by quota
lions from the text of the constitution chat our
organic law does not so shackle the gigantic ener.
gies of the great republic" as to make it helpless
against such woes, concluding in these forceful
words:
1t is said that there Is express power to send
armies beyond the True but there is no ex-
press power to enact the criminal laws of the United
States; none to convey the public domain; to build
transcontinental railroad; construct the 18TH
milan Canal; nor to create the interstate commerce
commission nor to declare the Monroe doctrine
to make the Louisiana purchase; to buy Alaska,
or to take Porto Rico and the Philippines This
has all been done under the great promote the
general welfare just the seleetive army will be
created under the law here assailed-to provide for
the common defense"-and beyond and above all is
the inherent power of every nation however organic
ed. to utilize its every and its every energy to
defend its liberty and to defeat the migration to its
soil of mighty nations of ferocious warriors whose
barbarous nhumanity for three years has surpassed
all others since the death of Attila the Scourge of
God. The wrfts are denied. .... 7:...
II