The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-07

intended to supply temporarily the IN
creased military force which was re-
u,Iired by the existing emergency, the
war. Their and now fragrant"
Backed Up by Constitution.
The chief justice recited the pro-
vi sions of the act and the contentious
of those who attacked its constitution
ality.
1.-THE possess on of authority to en-
act the statute" he continued. must
be found in the clauses of the ccnst1-
tuition giving congress power TO de-
clarH war; to raise and support arm
les, but no appropriation of money TO
that use hall be for a longer term
than two yea s; to make rules for the
government and regulation of the land
and naval forces
LAS the mind cannot conceive an
army without the men to compose It,
on the face of the constitution the OBJ
lection that it does not give power to
provide for such men would seem to
be too frivolous for further notice 1t
is said, however, that since, under the
constitution as originally framed,
United States citizenship but deriva-
tive and dependent thereon. there
fore, the power conferred upon con-
gress to raise armies was only coter-
minous with United States citizenship
and could not be exerted as to the
pendent character and dominate state
citizenship
Would AnnuI All Laws.
But the proposition simply denies
to congress the power to raise armies
which the constitution gives. That
power by the very terms of the con-
stitution. being delegated, is supreme.
In truth, the contention amply aSSails
the wisdom of the trainers of the con-
stitution in comforting authority on
congress and in not restraining as it
was under either confederation in the
several states. Further, it is said the
right to provide is not denied by call
ing for volunteer enlistment but it
does not and cannot include the pow
err to exact enforced military by the
citizens. This, however, but chal-
lenges the existence of all power for
sanction to it and which, therefore,
can only be exercised provided the
citizen consents to its exertion is in
no substantial sense a power.
ct is argued, however. that altho
this is abstractly true, it is not con-
cretely so, because as compelled mill
tary service is repugnant to a free
government. and in conflict with all
the great guarantees of the constitu-
ton as to individual liberty. 1t must
be assumed that the authority to raise
armies was intended to be limited to
ence, counting alone upon the will
ingness of the citizen to do his duty
il. time of public need, that is, in time
of war.
Not a Shadow to Stand On.
But the premise of this proposition
is so devoid of foundation that it
leaves not even a shadow of ground
upon which to base the conclusion. 1t
remains only to consider contentious
which, while not disputing power.
challenge the act because of the repug-
I,ancy of the constitution supposed
to result from some of its provisions.
First. we are of opinion that the
power to state officials because of
some of its administrative features is
too wanting in merit to require further
notice.
Second, we think that the conten-
ton that the statute is void because
vesting administrative officers with
legislative discretion has been so COM
pletely adversely settled as to require
reference only to some of the decided
cases. A like conclusion ais adversely
disposes of a similar claim concerning
the comforting of judicial power. And
we pass without anything but state
ment the proposition that an eSta blish-
ment of a religion or an interference
with the free exercise thereof, re-
pugnant to the first amendment re-
suited from the exemption clauses of
the act, to which we at the outset re-
ferred, because we think its unsound-
ness too apparent to require us to do
more.
AS to ''Involuntary Servitude.''
FINALLY, as we are unable to con-
ceive upon what theory the exactiOn
by government from the citizen of the
performance of his supreme and no.
BILE duty of contributing to the defense
of the rights and honor of the nation
as the result of a war declared by the
great representative body of the peo-
pie can be said to be the imposition
of involuntary servitude in violation
Of the prohibitions or the thirteenth
amendment. we are constrained to the