Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-01-08
Justices Decide Contentious
Are More Imaginary
Than Real.
NO ACTION TAKEN RELATIVE
TO CHARGES OF CONSPIRACY
War Without Army of Men
Would Be Impossible
and Unlikely.
MANY QUESTIONS ANSWERED
Law Designed to Supply Temporarily
Ino-easel Military Force in
Existing Emergency.
Irs~ Aseoc,.,ed Pc

wAsHrSGT6S. Janaary nj :.-Every
contention raised against tho seicctivc
draft act was swept aside b. the Su-
preme Court to-day in 4 unanimous
opinion delivered b. Chief Justice
White. uph old!nG tho law as constitu-
tionai. Authority 20 enact the statute
and to send forces 10 ngh; tho enemy
wherever he may be found. tho cour,
held, lies in the clauses OF the Consti-
tuition giving Congress tho power TO
declare war and to raise and support
armies.
AS the mind cannot conceive an
army withou, the men to compose IL
said the Chief Justice. "on the face OF
the Constitution the objection tina, il
does not give power 20 provide for such
men would seem 20 DO too frivolous for
further notice"
The opinion then proceeded 10 take
up aud definitely dispose OF each OF
the many questions raised by counsel
for the couv!ctcd persons whose ap-
pcal5 brought tho !aw before the court.
No action was taken b.. tho court in
tho several pending ca Ses Involving
charges OF conspiracy 10 prevent the
carrying out the purposes of the !aT.
II Is understood that these cases which
include the appeals OF Alexander Bcrk-
man. Emma Goldman. Louis Kramer
md Morris Becker. convicted in New
York, later may be made THE subicc;
o. separate opinion
Chief Justice White IN the opinion
said:
'''rle Law. Ks ;i;le declares. was
intended TO supply temporarily the in
creased military force which was re-
nuired BY tho existing emergency, the
var then and .ow fragrant"
Here the Chicf Justice reci,ed Tie
provisions II Tie al AMI tho co...o:.-
tions OF those who attacked - con-
stitutionality.
The possession ot authority TO
cuac: tho statute said the chief Jus
tiec. "mcs, % found il the clauses o.
the Constitution giving Congress pow,.
TO declare war; 10 raise .aaI
u3po-t a-mt":. Lut 10 appropriation -
money TO tina, use shall lie for longer
term than two years; 20 make
rules for the government, and resula-
i.cn OF the lend and naval forces.
MIND CANNOT CONCEIVE
ARMY WITHOUT MEN
As the mind canno. conceive an
iTH. without IIt men TO compose IL.
On the face OF the Constitution the ob-
lection that it does not give power to
provide for such men would seem to
be 100 frivolous for further notice. 1t
is said. !.owcycr. that since. ;;Eder tie
Constitution as originally framed. Sta
citizenship was primary and United
States citizenship but derivative and
dependent thereon, therefore the power
conferred upon Congress to raise ar
mics was only coterminous With United
states citizenship, and could not be e1-
cTted SO as TO cause that citizenship
TO ;ose its dependent character and
dominate State. citizenship.
But the proposition simply denies
70 Congress the power 10 raise armies
which the Constitution gives. That
over by the very terms OF the Consti-
tuition, being delegated. is supreme. In
truth the contention simply assaiis the
wisdom CT the trainers OF the Consti-
tuition in conferrns authority on Con-
Sress, and in not retaining i, as is
was under the Confederation in the soy
oral States Further, il is said. the
right to provide is not denied b. call
ing for volunteer cnlistments. but it
does not and cannot include the power
TO exact enforced military duty By the
citizen. This. however, but challenges
the existence OF all power, for gov
crnmental power which has no sane
tion to II, and which therefore can
only he exercised provided the citizen
consents TO its cScrtion. is in no sub
stantial sense a power.
1T is argued however tha, al
though this is abstractly true, it is
not concretely 50, because as compelled
military service is rcpusnant TO a free
government. and in conflict with all the
great guarantees of tho Constitution
as to individual liberty, II must be as
sumed that the authority to raise ar
mics was intended to he limited 10 the
right to call army into existence.
counting alone upon the willingness of
the citizen TO do his duty in time OF
public need that is, in time of war.
But the prem c OF this proposition is
so devoid Of Jundation that il leaves;
not even a shadow OF ground upon
which to base the conclusion.
1T remains only to consider contcn-
tions, which. while not disputing
power. challenge the act because OF
the rcnugnancy to the Constitution
supposed TO result from some OF it's
provisions. First, We are OF opinion
that the contention that the ac. is void
as II delegation Of Federal power to
State officials because of some of it's
administrative features is too wanting
in merit to require further notice. Sec
ond, we think that the contention that
the statute is void because vcstins ad :.
ministratve offices with legislative dis
crction has been so completely ad-
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