The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1918-01-10
DRAFT MEASURE
IS HELD VALID.
Supreme Court UphoIds Con-
stitutionaIity of SeIective
Service Law in 10
Cases.

Washington, ID. e., JAM Sine
telective service act was today held as
constitutional by the supreme court.
The governments contention that the
power given congress to declare war
includes power to compel citizens to
and abroad were sustained by the
court
Chief Justice White, who delivered
the unanimous opinion in brief state
the various contentious the conclusion
had been reached that most of them
imaginary rather than real.
Thirteen Gases lnvolved.
The decision resulted from the APP
peals Of Is cases growing out of con-
victions under the selectiye service act,
five coming from New York, three
from Ohio, four from Minnesota and
one from Georgia. Constitutionality of
the act was questioned in all the ap-
peals.
In holding the law constitutional the,
court took no action in those cases in
volving charges of conspiracy to pre-
vent the carrying out of the purposes
of the law. These, it was understood,
will be taken up by the court later. That
question is involved in the cases of AL
exander Berkman and Emma Goldman,
Louis Kramer and Morris Becker, CON
victed in New York on the Same charge.
and the socaIled Ohio cases.
Summary Of Opinion.
Chief Justice White in the opinion
said:
intended to supply temporarily the in
creased military force which was re-
CURED by the existing emergency, the.
war, then as now fragrant"
(Here the chief justice recite6 the
provisions of the act and the ccaten-
tions OF those who attacked it's eonsti-
tutionality.)
THE possession of authority 10 en-
act the statute said the chief justice,
must be found in the clauses Of the
constitution n;a giving congress pS.@er to
armies, but no appropriation If money
to that use shall be for q logger term
than two years to make rules for
the government and regulation of the
land and naval forces
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
to provide for such men would be too
frivolous for further notice. 1t is said,
however, that since, under the consti-
tuition as originally framed, state cit
! fzenship was primary and United States
| citizenship but deriyative and depend
| ent thereon. therefore the power con
| ferred upon congress to raise armies
| was only coternainous with United
States citizens and could not be ex-
erted so as to cause that citizenship to
| lose it's dependent character and domi.
nate state citizenship.
Says War Power Supreme.
"But the proposition simply denies tc
| 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 framers of the constitu-
ton in comforting authority on con-
gress and in not retaining as it was
! under either confederation in the sew
4 eral states. Further it is said the right
! to provide is not denied by calling for
4 volunteer enlistment but it does not
| and cannot include the power TO exact
| enforced military service by the citizen
| This, however, but Challenges the ex-
| istence of all power, for governmental
7! power which has no sanction to it and
/ which therefore can only be exercised
1 provided the citizen consents to its
| exertion, is in rio substantial sense a
| power.
4 1T is argued, however. that although
| this as abstractly true it is not con-
cretely SO because as compelled military
service is repugnant to free govern
ment 1t will be IN conflict with all the
4 great guarantees of the constitution az
to individual liberty It must be as.
. esr,yv ,nS f11o< he n,,t1, fks, g.