Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1918-01-07
COURT RULES
ACT IS VALID
ASENF0RCED
Find as Congress Can De
clare War So it Can Com
pei Military Service.

i've SERVICE ACT was To-Day upnel0
as constitutional by the supreme
court.
The governments contention
that the power given congress to
declare war includes power to
compel citizens to render military
service both at home and abroad
were sustained by the court.
Chief Justice White, who deliy.
cred the unanimous opinion in
brief statement, declared that aft
er considering the various con.
tentiOns the conclusion had been
reached that most of them were
imaginary rather than real.
The decision resulted from the ap-
peals of IL cases growing out of con-
victions under the selective service
act, five coming from New York, three
from Ohio, four from Minnesota and
one from Georgia. Constitutionality
of the act was made the basis for all
of the appeals.
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 in
duce others Of draft age not to regis
ter and an additional charge of fail
ure, to register was made against
Kramer, who was sentenced to two
years Imprisonment. Becker was
sentenced to one year and eight
months in Jail while Emma Goldman
and Berkman were ordered imprisoned
two years and fined $4,000 apiece. A
one year sentence was given Graubard
for failing to r gister.
The Minnesota cases were those of
Joseph F. Arver, Alfred F. Grahl, Otto
and Walter Wangerin, indicted for fail
ing to register and sentenced to serve
one year each in the Minnesota state
reformatory.
The defendants in all the cases must
now serve their sentences.
Text of Opinion.
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-
CURED by the existing emergency, the
war. then and now fragrant" (Here
the chief justice recited the provisions
OF the act and the contentious of those
who attacked its constitutionality)
| THE authority to enact the statute,
said the chief justice, must be found
in the clauses of the constitution Civ
| ing congress power to declare war
to raise and support armies, but nc
appropriation of money to that use
shall be for longer term than two
years; to make rules for the govern
ment and regulation of the land and
naval forces
Need Men to Have Army.
"As the mind cannot conceive ar
army without the men to compose it
on the face Of the constitution the OBJ
lection that it does not give power tC
provide for such men would seem tC
be too frivolous for further natice. II
| is said, however, that since, under the
constitution as originally framed
state citizenship was primary and
United States citizenship but deriva-
tive and dependent thereon, therefore
the power conferred upon congress t
raise armies was only coterminous
with United States citizenship anC
could not be exerted so as to cause
that citizenship to lose its dependen,
character and dominate state citizen.
ship.
Power Is Supreme.
But the proposition simply denie.
to congress the power to raise armies
which the constitution gives. Tha
power, by the very terms of the con
stitution being delegated, is supreme
In truth. the contention amply assail.
the wisdom Of the trainers Of the con
stitution in comforting authority OF
congress and not retaining as it wa!
under either confederation in the sew
eral states. Further, it is said tn,
right to provide is not denied by call
ing for volunteer enlistments. but /
does not and cannot include the powe
to exact enforced military service b.
the citizen. This. however. but chal
a governmental power which has nj
sanction to it and which therefore cal
only be exercised,provided the citizel
consents to its exertion is in no sub
stantial sense a power.
| Against Free Government.
ut is argued, however, that although
this is abstractly true, It is not con
cretely so. because as compelled mill
tary service Is repugnant to a fire.
government, it will be In conflict will
all the great guarantees Of the consti
tuition as to individual liberty. 1t mus
be assumed that the authority to rails
armies was intended to be limited t
CONTINUED on Page Eleven.)