Evening journal., 1918-01-07
military DRAFT LAW
IS CONSTITUTIONAL
BY The United Press.

BY The United Press.
WASHINGTON, Jan. THE Supreme
Court today declared the draft law
constitutional
Chief Justice White, IN handing down
the decision on the nine cases against
the draft law that reached the Su-
preme Court said tho arguments Of an
the objectors were absolutely devoid
Of merit
"Our mind Is unable TO conceive that
raising armies by draft is slavery and
violates tho thirteenth amendment -
Chief Justice White said.
In arguments before the supreme
court Dec i3 and ii the main attack
Of the obiectOrs was that the Constl-
tuition did not empower the federal
government o. make a direct draft on
ITS citizens. This power was never sur
rendered by the states, it was held. and
the draft should have boon made
through the individual States
Another favorlte angle Of attack was
that the draft Is slavery or involun-
tary servllude" and thus violated the
Thirteenth Amendment To This the So
licitor general. John W. Davis, efec-
lively showed that soldier Is not a
slave.
The exemption Of ministers and diyln-
tv students was another ground on
which the draft was sssoiled Emma
Goldmsn's attorney declaring this pro-
vision tended TO establish religion.
which Is unconstitutional.
The governments arguments anllcl-
pated the objection Of those opposing
The draft. The RutOcrats Of Germany
planned 60 attack the United states Hf-
ter cleaning up the allies In Europe,
q was claimed. Therefore the draft and
The expedition OF troops 90 Europe was
actually 70 repel an Invasion. CON
stltutlonal right, the government ar
gued.
The power 70 declare war includes
the power TO compel military service,
was the governments contention. Draft
also was normal method Of raising
American armies at the time the Con-
siitutlon was adopted. historic records
showed.
Miss Goldman and Alexander Bcrk-
man. hackers Of the No-Conscripton
League were the most prominent
plaintiffs in the draft cases. They open
ly urged young men not 90 register for
the draft Following are some Of Berk-
mans charactcrlzatlons. introduced by
government attorneys, as a part OF his
'Nvar dictionary:
"Allles-Thc fairies Of demOcracy.'
Liberty B0nd-A bone from q bone
head
Observation-Disclosures 10 uci.on.'
Notwithstanding your Nclghbor
cgistration-Funeral march of lib
erty.
"Trenches-Digging your own grave
Associated with Goldman and Berk-
man were Louis Kramer and Morris
Becker. both Of New York city. who
testified they were members Of the
| |No-Conscription League. Kramer tried
/ 10 induce Joseph J. Finau, policeman
/ IN civilian clothes, not TO register.
The case Of three Cleveland ohio
socialists. Charles Z. Ruthenberg, Al
fred Wagenknecht and Charles Baker
/ who were convicted OF inducing younf
men not TO register. were also decided
bv today's decision Their claim tha
the Jury was chosen entirely by Re
publicans and Democrats and that th'
Socialist party had no representation
was overruled. Their arrest was tn
result OF a Socialist peace meeting j
the public square at cleveland, May "a
when Baker said he would rather h'
shot here as a man than be shot II
the trenches Of Europe as dog
Four Minnesota young men, WHIT
failed 10 register. and are now In th'
Minnesota state Peniientiary under
years sentence. arc also affected b,
todays decision. They are. Joseph +
Arver. Alfred F. Grahl, and Otto an'
Walter Wangerin.
The case of Albert Jones. negro, O
Dufle County. Ga was the last cas-
advanced 10 come under today's ruling
lie nhiecfed 10 the draft as "slavery.