New-York tribune., 1918-01-08
Draft Law Is
Held Valid by
Highest Court
Chief Justice White Hands
Down Opinion ON Con-
stitutionality

WASHINGTON, Jan. 7.-The selective
service act was to-day upheld as con-
stitutionai by the Supreme Court. The
governments contention that the power
given Congress to declare war includes
power to compel citizens to render mill
tary service both ct home and abroad
was sustained by the court.
Chief Justice White. who delivered
the unanimous opinion in brief state
ment, declared that, after considering
the various contentious, the conclusion
had been reached that most of thern
were imaginary rather than zeal.
The decision resulted from the ap-
peals of thirteen cases growing out Of
convictions under the selectivc service
act. five coming from New York, three
from Ohio. four from Minnesota and
one from Georgia Ccnstitutionality OF
the act was made the basis for all Of
the appeals.
Five New York Cases
The cases from New York were those
of Louis Kramer, Morris Becker, Emma
Goldman, Alexander Berkman and
Meyer Graubard. The first four were
convicted of attempting to induce
others of draft age not to register and
an additional charge Of failure to regis
ter was made against Kramer, who was
sentenced to two years imprisonment.
Becker was sentenced to one wear and
eight months in Jail. while Emma Gold
man and Berkman were ordered impris-
oned for two years and fined 10000
apiece. onc-year sentence was given
Graubard for failing to register
Charles f. Ruthenberg, Albert Wa
genknecht and Charles Baker were con-
victed in the Ohio Federal District
Court on charge of inducing Alphons
j. Schue not to register. Each was
sentenced to one years imprisonment
IN the Stark Coun.y workhouse at Can
ton, Ohio.
Joseph F. Arver. Alfred T. Grahl Otto
and Walter Wangerin, indicted for fail
ing to register and sentenced to serve
one year each in the Minnesota state
reformatory. The Georgia case was
based on the refusal Of the Federal Dis
trict Court to grant writ of habeas
corpus to Albert Jones, q negro, ar
rested and confined to jail, in REFUSING,
to register on June 5.
Chief Justice White in the opinion
said:
"The law, as its title declares, was
intended to supply temporarily the in
creased military force which was re-
qui,ed by the existing emergency, the
war, then and now fragrant"
Provisions Are Recited
(Here the Chief Justice recited the
provisions of the act and the conten-
tions of those who attacked it's consti-
tutionalty).
"The possession Of authority to en-
act the statute" he continued, must
be found in the clauses of the Consti-
tuition giving Congress power TO de-
: clare war; :. to raise SD sup
port armies, but no appropriation of
money to that use shall be for longer
term than two years; to make
rules for the government and regula
tion of the land and naval forces
CAS- the mind cannot conceive an
army without the men to compose it.
on the face of the Constitution the
objection that it does not give power
to provide for such men would seem to
be too frivolous for further notice. IT
is said, however, that since. under the
Constitution as originally framed. state
citizenship was primary and United
States citizenship but derivative anc
dependent thereon, therefore, the powel
conferred upon Congress to raise armies
was Only coterminous with United
States citizenship, and could not be
exerted so as to cause that citizenship
to lose its dependent character ant
dominate state ci citizenship.
But the proposition simply denies
to Congress the power to raise armie.
which the Constitu. ION gives Tha
power by the very terms of the Con
stitution, being delegated, is supreme
In truth the contention simply assail
the wisdom of the trainers of the Con
stitution in conferring authority OF
Congress and in not retaining it as i
was under the confederation in. tn,
several states.
Further, it is said the right to pro
vide is not denied by calling for volun
teer enlistmcnts, but it does not an,
cannot include the power to exact en-
forced military duty by the citizen
This, however, but challenges the ex
istence Of all power, for govern
mental power which has no sanction
TO it and which therefore can only b
exercised provided the citizen con
sents to its cxertion is in no substan
tial sense a power.
In holding the law constitutional tn
court took no action in those case
involving charges of conspiracy to pre-
vent the carrying out Of the purpose
Of the law. These, it was understoo,
will be taken up by the court late
That question is involved in the case
of Alexander Berkman and Emma Golt
man, Louis Kramer and Morris Becke
convicted in New York on that chare
and the so-callcd Ohio cases.