Every evening, Wilmington daily commercial., 1918-09-19
HANDY TO TEST
Continued from page

the matter to the United States Supreme
Court If IL is necessary SO To Go. he
defendant Mcclure may not be financially
able to do so, but shall Ro il myself
The Delaware law, which has been
copied BY a number Of other states says
Section A, II shall be the duty of
every male resident of this state between
the ages of eighteen and tfty-fve years
who shall not be in the national army
or public officer, to be employed IN a
useful or lawful occupation during the
said period, and every such person
who shall not be 40 employed shall be
subject to be assigned by the said council
To such employment as the said council
shall from time to time determine and
at such compensation 10 be paid by the
employer as the said council and employer
shall agree to be reasonable and proper,
provided, that the provisions OF this
act shall not apply to persons temporarily
unemployed by reason OF differences
with their employers nor 20 bona fide
students during the school term, nor TO
persons fitting themselves to engage
in trade or industrial pursuits
Section 5,-Any resident of this State
who shall refuse 10 obey or fail 10 com
PLY with any order of the said council
Tti8LiUk 10 fIiN VI tlit ftAos ANANi1tN vi
this act shall be guilty of misdcmcanor.
and upon conviction there Of shall he
fined not more than three hundred
dollars. or imprisoned not exceeding
three months or both. at the discreiotn
of the court, provided that all prosecu
tions under the provisions Of this act
shall nc IN nature of an appeal, in which
any matters which could have been
urged By the defendant against the
issuance Of such order by the State
Council Of Defense may be used rs
defense in sud prosecution, the right
Of waiver of hearing and to bail being
preserved In all cases. and all such pro-
Secutions shall he handled cxpedItOusly
BY the prosecuting officers and the court
luke GETS THREE MONTHS
George Luke. habitual loafer. was
sentenced by Judge FeiScl in Court of
General Sessions this morning 10 three
months and fine Of $500. for violating
a work order of the State Council of
Defense. Luke. some weeks ago. was
assigned bv the Compulsory Work Bu-
reau To work digging cellars for the
lynch Construction Co at Front and
| mon streets He worked one hour.
threw his shovel down and left tie
was picked up several days later and
held In custody.
On the witness stand this morning he
said he has worked IN prisons, cutting
stone. making clothing, etc, in many
parts OF the country, being picked up
as a yagrant lie SAID that the reason be
Quit work nj the Lynch operation was
because they would not pay him for his
hours work He then left and the next
day obtained a place on a farm outside
the city, but soon left there and returned
to this city and was arrested
Patrick Burke was the next placed on
trial He was assigned 10 work at tn
Lynch operation on July 10 but failed 20
report Patrick, with his assignment
slip, went to Front and Union streets
and watched the men working for a
while The work did not appeal TO him,
50 he tore up his slip and left.
As in the case of Luke, he was con-
victed by jury without leaving the box.
He was gwen the usual sentence.
Guard Hastings was told by Judge
Hcisel to keep tabs on the working quality
of the defendants Is in the workhouse. The
usual affidavit Of being unable 10 pay the
fine will not be accepted Of the work
Stacker. the court said, but sentence
would be reformed and an additional
three months given if their working
record IN the institution is not of the best.
4 Jury was drawn to try the case of
NIcOlo Mascara, charged with assault
with felonious intent on Sophie Dom
borski