Evening journal., 1919-01-07
WORK OR Fight
LAW FOUND VALID
Court Holds Act is Not in
Violation of Constitu-
ton OF u. S.
NO INVOLUNTARY
SERVITUDE SHOWN

Irving Handy. at the September term OF
court, TO have Quashod the indictment
against Charles r.. Mcclure. charging
him with violating a work-or-dght or
der Of the council The motion was
denied today.
The opinion Of the court on the
question follows:
"The defendant Is indicted under
what is known as The Council Of Dc
fense Law Of Delaware approved by the
government April 6, 1915 Sections four
and five Of the act are as follows.
Section alt shall be the duty OF
every male resident OF this state be-
tween the ages Of IS and 30 years, who
shall not be In the national army or a
public Oitlcer, 20 be employed in a use
ful or lawful occupation during the said
period. and every such person who
shall not be so employed shall he sub
ject 10 be assigned by the said council
TO such employment as the said coun-
ell and employer shall agree TO be rea-
sonable and proper; provided that the
provisions Of this act shall not apply
to persons tempo. arily unemployed byI
reason Of differences with their en-
ployers, nor TO bona flde students dur
ing the school term, nor 90 persons
fitting themselves 20 engage IN trade
or industrial pursuits
Section 8. Any resident OF this state
who shall reuse 10 obey o. shall fan
to comply with any order OF The said
Council, relating 20 any OF the rrovl-
sIons OF This act shall be guilty Of a
misdemeanora and upon conviction
thereof shall be fined not more thon
three hundred dollars, or Imprisoned
mol exceeding ih ee M uths. or both.
at the discretion Of The court prov.d.
ed that all prosecutions under The pro-
visions OF this Act shall be- in the na-
ture Of an appeal, In which any mat
ters which could have been urged byI
the defendant aga nst ths issuan,e ofI
sa d order by the state Council OF De
Tense may DC used as q defense in said
prosecution, the r ght OF waiver Of
hearing and 20 bail being reserved in
all cases, and an such prosecution.
shall be handled eXpcdito ously by the
prosecuting officers and the court.
Upon motion 90 quash the indict- |
ment he contends that said act 4 IN
Of Article Mi and Section 1 /
of Article NV OF the Constitution OF !
The United States.
Article Mi provides:
Section 4. Neither slavery nor inv0l- !
uniary servilude, except as a punlsh- |
ment for crime whereof the party shall !
have been duly convicted, shall exist
within the United States. or any place |
subject 90 their jurisdiction.
sec. .. Congress shall have power
to enforce this article by appropriate
section 4 OF Article NV provides.
All persons born or naiuralized in The !
United states, and subject 10 the iuris- /
iiction thereof, are citizens Of the I
United States and Of the State wherein /
they reside. No State shall make or /
enforce any law which shall abridge /
The privileges or immunities Of the cit I
zens Of the United States; nor shall I
any state deprive any person OF life. |
liberty, or properly, without due pro-
,css Of law; nor deny 10 any person
within It's jurisdiction tho equal pro-
lection Of the laws
"Thc objects 20 be attained by the
Council Of Defense Act, were 10 pro-
vide effective means Of defense. TO pre-
serve order within the state. 10 insure
The maximum output Of agricultural
md industrial products, and the main
.enance Of vital enterprises during the
period Of the war in which the United
states was then engaged. I'm order 20
assist in attaining these objects. the
Act inter ALA provided that 1t shall be
he duty Of every male resident OF this
state, between the ages Of eighteen and
nn. h.. rnr 80 h..
national army or a public Otlicr, TO be
employed i'm useful or lawful occupa-
lion during said period lthe war; And
Il he was not so employed the COun-
,il Of Defense created by the act. was
given authority TO assign him 60 em-
Dloyment and fix his compensation,
which shall be reasonable and proper.
Any such resident refusing TO comply
with the orders Of the Council Of De
tense in that respect is guilty Of a mis-
iemeanor, and upon conviction, subject
10 be fined not more than three hun
1reds dollars. or imprisoned not ex
Feeding three months, or both, in the
discretion Of the court.
Defendants main contention is that
such procedure is nothing less than in
servitude and therefore con
Irary to Article XIII. Of the United states
Constitution and cites several cases in
support Of his contention We shall
not undertake a review Of these cases
urther than TO say that the several
acts OF the legislatures therein re-
viewed were not enacted to meet the
necessities Of actual warfare between
his country and foreign countries Nor
10 we consider it necessary or import
mt 10 determine what in times Of peace
nav or may not constitute inyOluntry
,ervitude as meant by the thirteenth
lrticle Of the Constitution.
"The Council Of Defence Act Act is a
var measure 10 IS true the Consiltu-
ion Of the United States in Section s Of
Article 1 among other things provides
hat Congress shall have power 10 de-
lare war: 10 raise aud support armies
o provide and maintain a navy; %
make rules for the Government and
equation Of the land and naval forces.
nd TO make all laws which shall be
necessary and proper 20 carry into
xecutlon these powers, and that no
tate shall engage In war unless act
ally invaded, or IN such Imminent dan
er as Will not admit Of delay, but this
oes not mean that the several States
hall not lend every reasonable assist
nee 20 tie Federal Government TO aid
against an enemy in time Of war.
"Unless the power Of the several
tates to enact legislation beneficial to
he federal government while It is az
rar with a foreign country, is express
= prohibited by the constitution or
lch prohibition IS a necessary impli-
alton from other powers granted 10
le federal government or denied TO the