The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1918-01-18
U. 5. SUPREME COURT: y
PASSES ON DRAFT LAW
knocks Anti-drafter. into Cooked II
Hat. RidicuIes Idea that Covssn.
m~nt Could Declare War and Then
Be Without Power to Prosecute Il.
OPINION OF COURT UNANIMOUS

\
contention raised against the selective
draft act was swept aside by the su-
preme court today in a unanimous
opinion, delivered by Chief Justice
White, upholding the law as eohsti-
tutional. Authority to enact the sta
tute and to send forces to fight the
enemy wherever he may be found,
the court held, lies in the clauses of
the constitution giving congress pow
er to declare war and to raise and
support armies. =, ~
"As the mind cannot conceive an
army without the tnen to compose il.
said the chief justice, ION the face Uf
the constitution the objection that ii
does not give power to provide for
s4such men would seem to be too srie-
olcus for further notice."
The opinion then proceeded to take
up and definitely dispose of each Of
! the many questions raised by counsel
for the convicted persons whose s.r
peals brought the law before the
court.
No action WAS taken by the court
in the several pending cases invoM-
ing charges of conspiracy TO nrevent
the carrying out the purpose of the
law. 1t. is understood that these
cases, which include the appeals Of
Alexander Berkman, Emma Gold
man, Louis Kramer in New York lat
er may be made the subject Of sen-
arate opinion. 7s{
~
Snlei 'uS''cc "hi'e IN tae OPINION
sam:
\ ne la~' as ''s tit'e deeiaress wsa
,nsenoeo q supply temporarily the
increased m'iitary iorce wmch ives
required Dy ene existing emergency,
sne WAT ehen Ano now nagrant.
---re s'e .n'ei f'us'iee ,eS''sa sAs'
p'oFisio"s Vi VIC "e' aho '"e coi''er-
',o's oi ,noSe VINO a.'aeSeo JUS con-
s''.u.lo''a'''s'' 5
"' posseSs.o" ~ a~'noi'.y W en-
eS '''e s'a.ue' H''u VIC c'''ei 'os'ice'
constitution giving congress- power to
declare far; to raise and sup
port armies, but no appropriation Of
money to- that use shall be for long
er term than two years; ~ to make
rules for the government and regu-
lation of the land and naval forces
''.As the mind cannot conceive, an
army without the men to compose it,
on the face Of the constitution the
objection that it does not give power
to provide for such men would seem
to be too frivolous for. further no
tice. 1t is said, however, that since
under the constitution .as originally
framed, state citizenship was rri-
mary and United States citizenshir
but derivative and dependent there.
on, therefore the power conferred up.
on congress to raise armies was only
coterminous with United States citi-
zenship and could not be exerted sc
as to lose its dependent character and
dominate state citizenship.
~ "
But the proposition simply denies
to congress the power to raise armies
winch the constitution gives. ina
power by the very terms OF tne con
stitut'on oeins de'ega'eo' is supreme
In truth. the contention amply assai's
the Wisdom OF the trainers OF the CON
stltution IN conierihg autnor''s oi
congress ana IN not RETAINING as u
was under e'sner eonieue.a.aon ~ .n'
4 severa' s'a'es' l"rtnsr, +" IS salo 'n'
rleht TO pfovlae rs no, ,.a. aenlea os y. eai. :,