The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-01-07
MILITARY DRAF I
Law IS UPHELD.
SUPREME COURT OF UNITED
STATES DECLARES STATUE
Is CGNSFITLPIGNAI,.
MEN MUST CO ABROAD
High Tribunal Declares That When
Constitution Gives Authority to Raise
Army 1t Is Senseless 10 IRlaSiRe an
Army WithOHt Men.

Washington, Jan. 7.---The military
seleetiye service law was today upheld
as constitutiOnal by the supreme court,
The governments oCPteption that the
power given congress to declare war IN
oludes power % compel cdti2ens 20
render military service both At b0me
and abroad was sustained by the court.
Chief Justice White, who d0hyered
the unanimous opinion, in. a brief state
meRt declared that i'm considering the
various contentious the conclusion had
been reached that most Of them were
imaginary rather than real.
Appeals in Thirteen Cases
The decision resulted from the Gp-
peals of thistean cases growing out Of
convictions over the selectlve service
law, five coming from New York, five
from Ohio, four from Minnesota and
one from Georgia. Consututiunality of
the act was mado the basis for all Of
the appeals.
The cases from New York were from
those Of LolSs kramer, Morris Becker
Emma Goldman, Alexander Eerkman
and Myer Graubard. The first four
were convicted of attempting TO induce
others Of draft ace not TO registrr, and
an additional charge Of fuiluTe 10 reg
lister was mace against lSramG, who
was sentenced TO twenty years implis-
onment. Becker was sentpncdd 10 one
year and eight mortths in jill, while
Rmna Goldman and Berkmnn weIe oy-
dered impriSoned for two yepr5 and
fined $4,000 apiece. a onegeur SOL
tence was given Giluubnrd fir falling TO
register.
Three From OliO.
Charles +. Ruthanberg, Nlbett Wag-
enknecht and Charles Baker wene con
victed in tho OHIO federal district court
on a charge of inuuciEg &lphoHs j.
Schue uDt to register. Eech was son
fenced to ore year Imprisonment in the
wOrkhouAe.
The Minnesota cases were those OF
Joseph +. Aryer, Alfred q. Cirnhl, Otto
and Walter Wangerin, indicted for fail
ing to register and sentenced to serve
one year each in the Minnesota state
reformatory. The Georgia Gaze was
based on the refusal of TIE feGenl dis.
trict court to grant a writ of hhbesf
corpus to Albert Jones, negro, arrested
and confined in jail for refEsins to
register Juae g.
What Justice Wlikc Snid.
Chief Justice White in the opinion
said:
THE law, as Ks tlHe declares was
intended to supply temporarily the in
creased military force which was re
quired by the existing emergency, the
war, then and now fagrant.'
dIere the chief justice recited the
provisions Of the act and the contcn
tons Of those who attacked its coaaN
tsiUonaiity).
THE possession of authority to cnac
tAe statute" said the chief justice
must be found in the clauses Of the
constitution giving congress power tC
declare war; + to raise and supper
armies. but no appropriation Of money
to that use shall be for a longer tern
than two years; " to make rules foi
the government and regulation Of tn,
hand and naval forces,
AS the mind cannot conceive an ay
nav without men to compose Il, on th
face Of the constitution the objection
that it does not give power so provide
for such men would seem to be too frir
oEous for further notice. 1t IS saIo
however, that since, under the constltu
ton as originally framed, state citizen
ship is primary ana United States cit
2enship but deriyative and dependen
thereon. Therefore, the power conferre
upon congress to raise armies was onl
coterminous with United States cit
2enshp, and could not be exercised s
as to cause that citizenship TO lose it
dependent character and dominate stat
citizenship.
But the proposition simply denies
congress the power SO raise armies
which the constitution gives" Furthe
it is said that the right So provide 4
army is not denied by calling for voluI
teer enlistment but il does not an
cannot include the power to enaC
forced military duty by the citizel
This however but challenges the eNis
eRce Of all power, for n governments
power which has no sanction TO it, sn
which therefore, can only he exercise
provided the citizen consents to les e,
eItion is in no substantial sense
power,