The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-05-31
SLACKER'S S FIGHT
OPENS IN COURT
ARGUMENTS BEGIN IN KANSAS
CITY TO PROCURE INJUNCTION
AGAINST REGISTRATION.
SERV|TUOE is ALLEGED
Attorneys for Executives Declare Pc
titions Have No Case, as Federal Su-
preme Court Once Ruled Adversely on
All Contentious.

Kansas City, May 3l.-Arguments be.
gan In the court here today on the in
Junction petitions filed by officers of
the Federation for Democratic Con-
rol' to enjoin Governor Gardner, May
or Edwards and other state, county and
city officials from enforcing the draft
registration next Tuesday
Argument to be presented by ]. ID.
Shewalter, for petitioners, was that reg
lstration and draft was illegal as it vi
olated amendments to the federal con.
stitution preventing involuntary ser II.
tude. IL also was not I'm accord, he
said with sections of the Missouri state
constitution.
Attorneys said the proceedings
brought up phases of law not contained
In the recent decision of San Francisco
courts upholding ten draft.
Draft Held TO BE Legal.
Jacob Harzfeld. representing -,vor
Edwards, was prepared to asslt..
the supreme court OF the Unite. 'foh.
had held the draft to be legal. He Ia.
quotations from a supreme court decis.
lon 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 up by
sehwalter. Harzfeld said, had been over.
ruled In previous supreme court decis.
ions. He expected today that a state
court had no Jurisdiction and that such
as the present proceedings could be
brought only in a federal court.
The injunction proceedings were filed
N the names Of Raymond /. Moore and
Thomas Sullivan.
Appeals 10 States Rights.
shewaiter appealed to the doctrine OF
states rights" in his argument, say.
Ing that state, county and city officials
had no power to carry out the federal
duties assigned to them in the regis.
tration work. His argument, which was
lengthy and composed largely Of legal
references. contained such phrases as:
Military empire" Liberty is threat.
ened TO be struck down." "Reglstration
has no existence under The law" and
When you strike down free speech
you strike down the bulwarks Of gov
srnment."
lie declared that newspapers had
forced the country into war as they had
done In every other war this country
has had, with the exception OF the revo.
luttsn.
Makes Defiant Talk.
Many Of the legal references made by
Sehwalter were from cases before the
Civil War. growing out OF violation OF
the fugitive slave law and several from
courts OF the southern states, princi.
pally Kentucky.
He frequently made quotations from
the writings and speeches OF Jefferson
and Madison. His most frequent re.
mark was that state officers could not
be used 10 carry out the registration.
because state officials never before, he
said, had been used In federal posi-.
tions. lie declared the federal govern.
ment was assuming "tyrannical and ar
bitrary power" In conscripting men.
During his arguments the lawyer said
many men would not register next
Tuesday. but made no further reference
20 that statement He said that he him.
self did not fear Jail or even death in
opposing registration and conscription.
Shewalter closed by stating 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 appoint
ment no provision ever had been made
and that legally they could not choose
which man should be exempted and
which taken for the drafted army. Court
then recessed.
Arguments for the defendants viii
be taken up this afternoon.
Alaskans Seek 20 Evade.