The daily banner. (Cambridge, Md.) 1897-2008, 1918-01-08
DRAFT LAW IS
CONSTITUTIONAL
U. S. Supreme Court UphoIds
SeIeCtive Act.
NO MERIT IN OBJECTIONS
Right Of Congress to Compel Service
Inherent in War Making Power,
Decision Holds

decision HoldS.
Washington, Jan. S.-The selective
service act was held constitutional by
the United States supreme court.
The governments contention that
the power given to congress to de-
clare war includes power to compel
citizens to render military service,
both at home and abroad, was sus-
tanned.
Chief Justice White delivered the
unanimous opinion. In a brief state.
ment, he said that, after considering
the various contentious the conclusion
had been reached most of them were
imaginary rather than real.
The decision resulted from the ap.
peals in thirteen cases of convictions
under the act Five were from New
York. three from Ohio. -four from Min,
nesota and one from Georgia.
The appellants from New York were
Louis Kramer, Morris Becker, Emma
Goldman, Alexander Berkman and
Never Graubard. The first four were
convicted of trying to induce men OF
service age not to register. An addi-
tional charge of failing to register
was made against Kramer, who was
sentenced to two years Imprisonment.
Becker was sentenced by the lower
court to year and eight months In
Jail Emma Goldman and Berkman
years. They were fined $4,000
apiece one-year sentence was Civ.
EN- to Brauard for failing to register.
Charles E. Ruthenbarg, Albert
Wagenknecht and Charles Baker were
convicted in the Ohio federal district
court of inducing Alphonse J. Schue
not to register. Each was sentenced
to years Imprisonment in the Stark
county workhouse at Canton.
The Minnesota cases were those OF
Joseph F. Arver, Alfred F. Grahl, Ot-
to and Walter Wangerin, indicted for
failing to register and sentenced to-
serve a year Ii the state reformatory.
The Georgia case was based on the
ref,esal of the federal district court to
gra, nESit of hebeas corpus to Al
beri colored, put in jail for re-
&iE ~ IeI 3. 49, - z. -
The court took no action in cases /
charges Of conspiracy to
prevent carrying out the purpose of
the law. These, it Is understood, will
be taken up later. That question is
involved in the cases of Alexander
Berkman and Emma Goldman, Louis
Kramer and Morris Becker, convicted
in New York on that charge, and the
so-called Ohio cases
Chief Justice White, in handing
down the decision, said the arguments
Of all the objectors were absolutely
devoid of merit"
"Our mind is unable to conceive
that raising armies by draft is slav-
cry and violates the thirteenth amend
ment," Chief Justice White said.
Refuting the argument of the draft
directors that congress did not have
The power to draft citizens. the chief
Justice said:
"As the mind cannot conceive an
army with the men to compose it, on
he face of it the question that it
ioes not give power to provide for
such men would seem to be too friv-
,lous for further notice"
I've are unable to conceive" he
continued, "upon what theory the >ex-
action by government from the citizen
If the performance of his supreme
md noble duty of contributing to the
lefense of the rights and honor of
he nation as the result of a war de-
Jared by the great representa- i've
,ody of the people can be said to be
he imposition of involuntary servi-
udc IN violation of the provisions of
he thirteenth amendment, we are
constrained to the conclusion that the
to that effect is refuted by
Is mere statement"