Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-01-07
Thirteen Cases Were Ap-
pealed to the Court-Chief
Justice Wrote Decision.
EMMA GOLDMAN
ONE DEFENDANT
Constitution Gives Congress
Such Power to Raise Ar
mics, Justice Says.

Washington, Jan. THE selectivo
service act was today upheld as COM
stitutional by the supreme court. The
governments contention that the
power given congress to declare war
; includes power to compel citizens to
render military service both at home
and abroad were sustained by the
court.
Chief Justice White. who delivered
the unanimous opinion, in q brief
statement declared that after consid-
clusion had been reached that most Of
them were imaginary rather than
real.
Is Cases Appealed.
| The decision resulted from the ap-
peals Of thirteen cases growing out Of
convictions under the selective serv-
ice act. five coming from New York,
three from Ohio, four from Minnesota
and one from Georgia. Constitution
ality of the act was made the basis for
all Of the appeals.
those of Louis Kramer, Morris Beck
er, Emma Goldman. Alexander Berk-
man and Meyer Graubard. The first
four were convicted OF attempting to
induce others Of draft age not to reg
lister and an additional charge Of fail
lure to. register was made against
Kraner who was sentenced TO two
years imprisonment Becker was sem
/ fenced to one year and eight months
in jail while Emma Goldman and
Berkman were ordered imprisoned for
two years and fined $4,000 each. A
one-year sentence was given Grau-
bard for failing to register.
The Minnesota cases were those OF
Joseph F. Arver Alfred F. Grahl,
Otto opd Wo1<op wanpo~in Indicted
for failing to register and sentenced to
serve one year each in the Minnesota
state reformatory.
The Decision.
Chief Justice White in the opinion
said: h..
'"The Law, as it's title declares, was
intended to supply temporarily the
increase military force which was re-
|quired by the existing emergency, tho
war. then and now fragrant" ~
(Here the chief justice recited the
provisions Of the act and the conten-
tions Of those who attacked its con-
stitutionality). "The possession Of
authority to enact the statute said
the chief justice. must be found in
the clauses Of the constitution giving
congress power TO declare war:
- to raise and support armies. but
no appropriation of money to that use
snail Oe IOT y longer IcIIu tIlhn Two
years; to make rules for the
government and regulation of the land
and naval forces
Must Have Men for Army.
'.As the mind cannot conceive an
army without the men to compose it.
on the face Of the constitution the OBJ
jjection that it does not give power to
4provide for such men would seem to
be too frivolous for further notice.
lit is said. however. that since. under
1.-THE constitution as originally framed.
|state citizenship was primary and
United States citizenship but deriva-
tive and dependent thereon, there
fore the power conferred upon con-
gress to raise armies was only CO.
terminous with United States citizen
ship and could not be exerted SO as
to cause that citizenship to lose its de-
pendent character and dominate state
citizenship.
Power to Raise Army.
But the proposition simply denies
, to congress the power to raise armies
which the constitution gives. That
, power by the very terms of the con-
stitution being delegated, is supreme.
In truth, the contention amply assails
, the wisdom of the trainers OF the con-
stitution in comforting authority on
, congress and in not retaining as 1t
was under either confederation in the
several states Further it>is said the
, right to provide is not denied by call
ing for volunteer enlistment, but II
does not and cannot include the power
to exact enforced military service by
, the citizens. This however but chal-
: Ilenges the existence Of all power for
; a governmental power which has no
sanction to 1t and which therefore can
j only be exercised provided the citizen
. consents to its exertion is in no sub-
lstantial sense a power.
'It is argued, however, that al.
: though this Is abstractly true, it Is not
! concretely 80 because as compelled
, military service Is repugnant to a free
' government, and in conflict will
/ all the great guarantees of the con
> stitution as to individual liberty. 4
3 must be assumed that the authority
( to raise armies was intended to b
! limited to the right to call an ARMY
into existence counting alone upOr
!. the willingness Of the citiSen to do hii
i duty in time Of public need, that -
3 in time OF war. But the premise 0a
= this proposition is 10 devoid OF foun.
Z dation that 1t leaves not even {
3 shadow Of ground upon which to basl
: the conclusion.
' .It remains only to consider con.
: tentions which. while not disputin1
lpower, challenge the act becAuse; y
a the repugnancy % the consti itutinI
: supposed to result from some ok at
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