The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1918-01-10
DRAFT MEASURE
IS HELD VALID
Supreme Court UphoIds Con-
StitutionaIity of Selective
Service Law in 73
Cases.

Washington, D. c., Jan. S.-The
~selective service act was today held as
constitutional 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
ment declared that after considering
the various contentious the conclusion
had been reached that most of then
imaginary rather than real.
Thirteen Cases Involved.
The decision resulted from the APP
peals of 10 cases growing out OF con-
victions under the selective service act,
five coming from New York, three
from Ohio, -four from Minnesota and
one from Georgia. Constitutionality of
the act was questioned in all the APP
peals.
In holding the law constitutional the
court took no action in those cases in
volving charges Of conspiracy to pre-
vent the carrying out Of the purposes
of the law. These, it was understood,
will be taken up by the court later. That
question is involved in the cases Of AL
exander Berkman and Emma Goldman,
Louis Kramer and Morris Becker. con-
victed in New York on the same charge
and the socalled Ohio cases.
Summary Of Opinion.
Chief Justice White in the opinion
said:
1.-The law, as it's title declares. was
intended to supply temporarily the in
creased military force which was re-
CURED by the existing emergency, the
war, then as now fragrant" p
CHere the chief justice %recitCi the
provisions of the act and the { nten-
tions OF those who attacked it's ,onsti-
t~utionality.)
THE possession of authority TO en-
act the statute" said the CHIEF justice,
must be found in the CLAUSE e Of the
constitution giving congress wer to
declare war II = = to raise ari support
armies. but no appropriation Of money
to that use shall be for a i lger term
THAI two years Is " + to maxi rules for
the government and regula ton of the
land and naval forces
"As the mind cannot conceive ar
army without the men to compose it
on the face of the constitution, the OBJ
lection that it does not give power
to provide for such men would be too
frivolous for further notice. 1t is said,
however, that since, under the consti-
tuition as originally framed, state cit
izenship was primary and United States
NlAiI'ilSiIlD Dll dcIlNhllNt anu uclJtllI
ant thereon. therefore the power con
terred upon congress to raise armies
was only coterlninous with United
States citizens n could not he eX-
erted so as TO cause that citizenship to
lose it's dependent character and domi
nate state citizenship.
Says War Power Supreme.
"But the proposition simply denies tc
congress the powec TO raise armies
which the constitution gives. That
power, by h very terms of the con-
stitution being delegated. is supreme. In
truth, the contention amply aSsails the
wisdom of the trainers Of the conStitu-
ton in comforting authority on con-
gress n in not retaining as it was
under either confederation in the sew
eral states. Further it is said the right
to provide is not denied by calling for
volunteer enlistment. but ii does not
and cannot include the owe TO exact
enforced military service by the citizen.
This, however, but challenges the ex-
iStence OF all power. for Il governmental
power which has no sanction to it and
which therefore can only be exercised
provided the citizen consents TO its
eXertion, is in no substantial sense a
power.
at is argued. however, that although
this as abstractly true it Is not on
cretely so a as compelled military
service is repugnant to a free govern
ment it will be in conflict with all the
to individual liberty. II must be as
armies was intended +" be limited to the