Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1916-1918, 1918-01-08
Emma Goldman and Other
Foes of Conscription Lose
In Fight to Avoid Punish
ment For Anti-Draft
Activities.
SERVICE IN FOREIGN
LANDS is OBLIGATORY.

Washington, D. c., jan THE Sc
lective service act was today upheld
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
/ the courts unanimous opinion in
brief statement, declared that after
considering the various contentious in
opposition to the law the conclusion
had been reached that most of them
were imaginary rather than real
DECIDES THIRTEEN CASES.
! The decision resulted from the 40.
peals of thirteen cases growing out
CT convictions under the selec:iye
service act, five coming from New
York, three from Ohio. four from Min.
nesota and one from Georgia. Con.
stitutionality of the act was made the
tasis for all of the appeals.
The cases from New York were
those Of Louis K ans j iris Better,
Emma Goldman, Alexlr Berk1an
and Meyer Graubard rst four
were convicted of att to in
duce others of draft az reg
lister and an additional I fail.
ure to register was M. ainst
Kramer who was sentenceu rv-itwo
years iInpriscslgant --asae.-.-.-
( ANARCHISTS LOSE AEeEALs.
Becker was sentenced to one year
and eight months in Jail while Emma
al nd Af.A
leaders. were ordered imprisoned
for two years and fined SID.
600 a piece. A one year sentence YVES
given Graubard for failing to register
The Minnesota cases were those of
Jos. F. Arver Alfred F. Grahl, Otto
aid Walter Wangerin. indicted for
failing to register and sentenced to
serve one year each in the Minnesota
state reformatory.
The defendants in all the cases
must now serve their sentences.
LAW MEETS EMERGENCY.
Chief Justice White in the opinion
said:
"The law. as it's title declares was
intended to supply temporarily the in
creased military force which was re-
quired by the existing emergency, the
war then and now fragrant"
Here the chief justice recited the
provisions of the act and the conten-
tons of those who attacked its con-
stitutionality.
The possession of authority to
enact the statute said the chief JUS
tice, must be found in the clauses Of
the constitution giving congress pow
er to declare war, to make rules for
the government and regulation of the
land and naval forces, to raise and
support armies. but no appropriation
of money to that use shall be for. a
longer term than two years.
OBJECTION CALLED FRIVOLOUS.
"As the mind cannot conceive an
army without the men to compose it.
the objection that the constitution
does not give power to provide FOR
such men would seem to be too f-iyo.
lous for further notice.
1T is claimed. however. that since
under the constitution as originally
framed. state citizenship is primary
and United States citizenship but de-
rivative and dependent thereon. there
fore the power conferred upon con.
sress to raise armies is only coter-
rninous with United States citizenship
and can not be exerted so as to cause
that citizenship to lose its dependent
character and dominate state citizen
ship.
CONSTITUTION GIVES POWER
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 I'e trainers of the CON
stitution. in comforting authority on
congress and not retaining authority
as it was under either confederation
in the several states.
Further. ii is claimed that the right
to provide an army is not denied by
calling for volunteer enlistment. bur
tiat ii does not and can not include
the power to exact enforced military
service by the citizen This. however.
but challenges the existence OF all
power for a governmental power
which has no sanction TO ii and which
therefore can be exercised only pro-
vided the citizen consents to its ex.
ertion is in no substantial sense
power
WAR CREATES NECESSITY.
ut is argued. however. that although
this is abstractly true. il is not con-
creteiy so because compelled military
service is repugnant to free govern