The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-11


value of the time and labor comman-
deered by the government for pub
lie service? The government Is con-
stitutionally bound to pay that. 1t
is obligated to pay no more.
Law OF Averages.
1t is of course conceivable, and
for that matter very apparent, that
it would be impracticab BILE to exam
in each individual case and ascertain
the value of the service appropriated.
The delay incident, the expense en-
tailed and the time consumed in such
a gigantic Undertaking, would prob
ably result In a greater injustice
than If nothing were paid at ALL
Therefore, the law of averages has
been invoked, that Is to say, if the
average value of labor, during war
time, is taken and compared with the
difference is deducted the average
expense the government was put to
IN maintaining the average soldier as
Just compensation" for his prop
erty, consisting of his time and labor
that was appropriated by the gov
eminent. That's what the so-called
bonus" Is. Nothing more and moth
ing less. OF ccurse, this method will
not work equal and exact justice in
each and every case. There will still
be men who have sustained an enor-
nous financial loss, even though they
should receive bonus much larger
than any ever contemplated a few
Will receive money to which they
are not entitled under the rule laid
down, but it is the best method that
can be devised to mete out justice to
the greatest number at least expense
to the public. The drafted man is
entitled to justice and his constitu-
tional rights. No one will gainsay
that.
The volunteer may not have as
clear legal claim as the drafted
man. The writer was volunteer
and probably would not receive "a
bonus. The volunteer assumed the
obligation to serve the government
OF his own free will and accord, on
the governments own terms and
figures. He went with his eyes wide
open, and however commendable the
spirit that prompted such conduct
nevertheless the fact remains, that as
matter of constitutional right, the
volunteer does not have the same
constitutional claim on the govern
ment as the drafted man. In the
case of the man who volunteered, it
Is simply a case of whether he shall
be Disseminated against because he
volunteered instead of waiting to be
drafted. No one will contend that
any soldier should be the victim of
discrimination. However, the yolun-
teer's claim must find it's basis in the
gratitude of an unselfish people who
are ever ready to reward faithful
and patriotic service even though
under no legal obligation so to do.
1t is not a question of whether the
government would be doing the
drafted man a greater favor by re-
ducing the taxes than by paying adj
1usted compensation. The question is:
Shall the government pay or dis
charge constitutional obligation?
The government cannot refuse to- pay
the drafted man Just compensation"
without repudiating the constitution,
and ignoring the fundamental law
of the land. 1t cannot decline to pay
the volunteer to the same extent and
maintain it's self-respect. There Is
no element of "a sale of patriotism"
involved Neither the government nor
the drafted man was in any position
to negotiate a trade or consummate
a sale.
While every man owes his country
the duty to spring to it's defense in
time of war. he is under no duty to
spring without Just compensation
unless all other agencies are CO.
operating without compensation. and
the government is unable to raise the
money with which to pay for the
time and service taken. No one Is
entitled to something for nothing.
The government and each citizen
should pay fairly for all property ac-
quired. The government paid fair
price for all other property taken
and used for war purposes, The
drafted mans property, consisting of
his time and service, Is entitled to the
same consideration, The adjusted
compensation measure is essentially
sound In principle, The claim is we'll
founded, 1t will be recognized by
all who stand by constitutional obli-
cations.
HORACE C. WILKINSON