Every evening, Wilmington daily commercial., 1919-01-07
JUDGE HE|SEL IN
OPINION UPHELD
DEFENCE COUNCIL
State Has Right to Make
Laws for Itself He
Asserts.
THAT DO NOT CONFLICT

Judge llciecl. in superior Court today,
fIltd an opinion N 4 case attacking the
rcn~ttutInnailtv Of the state Council
ii nefcu,c uphadlng the law IN or
which thc state Council was created
Tho case Was filed ~ I. Irving Handy
Al the last session ut court: MIR. Handy
cou,gu cl that the law creating the state
Council ni | cf"nsc WAS ~ conflict with
tbt federal institution. aud for that
reason waS Unconstitutional
badge IIci~cl IN defending the act
creating tho State Council II Defense
c.trd thc following reasons
lhc dciendcnt Was indicted nUdcr
what II known as the Council Of Defense
law 81 Delaware approved hy the
Governor, ipul = 1915 Sections four
and FIVE of the act arc quoted. Upon
motive 10 Quash the indictment he
contends that SAID act is IN violation Of
aci Nil and Soc ~ act NV 81 the
Consttu'l,n oi the | mtcd States
" hich Is quoted
The objects TO hc attained hv tho
Council of Defense Act were. % provide
effective means oi defense, 10 preserve
order N4tlun the State. 10 insure the
MAXIMUM output oi agricultural and
industrial products and the maintenance
80 Nltal enterprises during the period Of
thc MAR n vhich the United States were
thcn engaged Ia order "a assist ia at
tanning these objects the Act inter ALA,
provided that ut shall hc the duty of
every male resident OF tins state between
tho ages oi i and - years who shall
not hc IN the National Army or a public
officer. to hc employed III q useful or
lawful occupation during saId pcViod
An II be was Z 80 employed, the
4 Z 4 H. -.
was given authority to assign him to
employment and fix his compensation.
Which shall bc reasonable and proper.
ANY such resident refusing to comply
with the orders OF the Council Of Defense
in that respect Is guilty OF a misdcmcanor.
aud upon conviction, subject to be fined
not more than $500, or imprisoned not
cNccc ing three months, or both NJ the
discretion al the court
Defendant mann contention IS that
ich procedure i not hing less than
involuntary ~crvi1udc and therefore con-
jrary ~ article NH Of the United States
Constitution and cites several eases In
-Iprort of ms contention. We shall not
undertake a review Of these cases further
than 20 say that the several acts of the
IeCisla;urcs therein reviewed were not
enacted To meet the necessities of actual
warfare betwc this country and foreign
countries Nor do we consider it necessary
or ImDortant Ia determine what IN times
OF pcare may or may not constitute
involuntary servltudc as meant by the
18th article OF the constitution.
The Council Of Defence act is a war
measure II Is true the Constitution of
The nlted states III Section ) Of Article l
among other things, provides that Con-
IL,
rais, and support armies. 10 provide and
MAINTAIN navy; 10 maxi rules for the
government and regulations OF the land
and naval torcc- and 10 make all laws
which shall be necessary and proper to
carry irtn oNccution these powers; and
that no state shall engage in war unless
actually invaded Or ~ such imminent
danger a. Wlil rot admit Of delay" but
this doe not mean that the several States
shall not lend every reasonable assistance
to The Federal government to aid it
against AN enemy ID time OF War.
Jn,cSs th, power Of the scycra States
10 enact icaisiati0n beneficial to the
Federal government while it is at war
with = foreign country, Is expressly pro-
htitcd by the Constitution OF such pro-
Libltion is a necessary implication from
other powers granted 70 the Federal
government or denied ~ the States the
several states have such power
III this be true, that the State has the
same power 70 enact legislation TO aid in
carr, ne on Inc war that a sovereign
STAT would have, restricted only by the
provision that there shall not be involun-
tary -crvitudc except ~ punishment for
CRIME. 10 the provisions Of the Council Of
Defence act complained Of impose such
-rr,itndc. ii view Of the necessities in
cll,ut Ia III, carrying on Of great war?
", are clearly oi he opinion that il i not
Ont of the objects Of the act was TO aid
ID winning the war BY increasing the pro-
ductIon of food and supplies and by
SAVING hr loss incident TO the main
tenancc of those male citizens between
Tie ages of IS and 50 WHO were engaged
III 40 useful Or lawful occupation. War
cannot Id carried on without food and
supplies, nor can food and supplies be
produced except by labor, and who are
more able % labor than male citizens be-
tween the ages Of Is and 55?
tnc 81 the Oh Gets Of this act, as ex-
pressed Ia Section was 70 maintain order
wi hin the State The passing Of the said
act compelling male residents Of the State
Cont .nued Oh page