The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-11
DAsE.s BONUS ON
LABOR ARGUMENT
Judge Wilkinson Says Labor
Drafted Is Same AS Prop
erty Seized For War

mer national committeeman from
Alabama of the American Legion,
member of the executive committee
Of the Birmingham post of the le-
gion and president of the Birming-
nam Reserve Officers association,
mas presented a new angle of the
soldier bonus controversy which has
been submitted to the Birmingham
executive committee for an express
sion of its views. He maintains that
a man who is drafted is entitled to
compensation for his labor, which is
property Just the same as COM
pensatlon must be given for any
other property drafted for use by the
government in time of war. His
argument reads:
The adjusted compensation quesr
ton is big question and should be
considered accordingly. Abuse of
those who differ from us is not argu-
ment and prejudice is net safe
substitute for facts. While COM
nonly referred to as the bonus" It
may be that this measure has been
misnamed.
One of the first propositions that
comes >up. in an examination of this
subject i$ whether or not the ex-
service man has a legitimate claim
for adjusted compensation. When 1
well founded in law and fact as OPP
posed to a claim based on sentiment
or an appeal to patriotism. In an
swering this question, it may be
necessary to classify. for the pur-
pose of discussion, the ex-service
man, under two heads, that is to say,
the volunteer and the drafted man,
and examine the respective rights of
each
The supreme court of the United
States, the highest judicial athority
in our land, has affirmed that labor
or the right to labor is as much
property as land or money. Labor
is property and as such merits pro-
lection. The right to make it avail
able is next in Importance to the
rights OF life and liberty"
That time is money" is self
evident truth r<cognized by every
business mali ct any consequence in
the country. government that
takes two years of a mans time,
takes from him the amount >f money
he could have earned in those two
years.
The constitution of the United
States specifically provides that pri-
waite property shall not be taken for
public use without '<Ist compensa-
ton" being paid therefor.
Pays just Compensation.
Therefore when the government
commanders a mans property, COM
posed of his time or labor. it is I'M
der constitutional obligation to
pay Just compensatNn."
But for the fact that Congress is
specifically empowered ito teclare
war" and ito raise and support
armies" which carries with it all
power necessary to achieve the de-
sired object, it probably could not
compel any one to L<form military
service without first paving just
compensation for the time or labor
appropriated, any more than it could
sieze a cotton mill for government
purposes without first paying for it.
In war time, this, of course, would
never do. The government must not
be shackled so II to be impotent in
an emergency. Wisdom as well as
patriotism requires that in time of
war. the government shall have the
power to seize any needed thing, and
pay for it afterwards, whereas, in
time of peace. the public welfare re-
quires the government to pay first
and seize afterwards, by orderly
process of law. 4-
In each instance it must pay for
the thing commandeered.> The only
difference is as to the time of pay
ment. In each instance the amount
to be paid is tae same. 1t is fixed by
the constitution itself, viz: Just
compensation" 1t would. there
fore, seem that every congressman,
every senator and the President,
sworn as they are to support, MAIN
tain and defend the constitution of
the United States, thereby is under
a sworn duty to see that Just COM
pensation" is paid every man whose
time and labor was drafted by the
government for military service. just
u. u
they are under a similar duty to see
to it that Just compensation" is paid
for every railroad used by the gov
eminent, for each steamship siezed,
for every mule that was COM
Wandered and for every factory
taken over.
No Time To HaggIe.
Wartime was not the time to hag-
gle over prices for property needed
in the government service. no mat
ter what the nature of the property
may have been If onions were
needed and were available, let the
government take them and settle
later, was the principle put in OPP
Grafton that kept the American
troops supplied. and the principle
was a correct one. Get results first
when civilization is about to be de-
stroyed and settle the cost at more
ciple applies to labor, for that is
what military service is, labor of the
most severe character. Men were
needed. Their time was required. A
particular class of men were in de-
mand They had to be in good
health, physically able to stand hard
ship and fatigue. loyal to the coun-
try, and trained along many lines.
They were available and it was the
duty of the government to use them,
regardless of the market and demand
for their service, but the same con-
stitution that gave the government.
the power to draft those men and
commander their time and labor for
public service. even to the extent of
sacrificing life If necessary. required
in return for the exercise of that
power, that Just compensation be
made by the government for, every
mans service thus appropriated.
We would not think of giving the
government the power to comman-
deer a ship, shop, a mule or rail-
road at price to be fixed by Con-
eress without some safeguard
willing to invest the government
with the power to seize, draft and
conscript, any kind of needed prop
: ertv. but the constitution fixes the
nrlce to be paid for the property
eaken. and that price Is Just COM
0ensation," meaning thereby the rea-
Sonable value or fair price of the
thing taken at the time it was taken
and used. So that the whole ques-
tion is, what was the reasonable
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