Detroit evening times. (Detroit, Mich) 1921-1958, 1941-06-11
Selec+ees'
Terms Hard
To Predict
Law Says Year, but Il
May Be Longer
BY HUGH S. JOHNSON

AArfNb 10 a iCdi piODitiIl dDOul
the fate of selective service
men, who were called for only
one years training under a
specific legislative condition that
they cannot be used outside the
Western Hemisphere, except in
possessions of the United States,
including the Philippine Islands.
1t has been frequently stated
in the press that this condition
does not apply now that the
President has declared an UNI
limited emergency. II isn't as
simple as that. One can barely
conceive such an Interpretation,
but il could be had only by an
outlandish twisting of the Sc
lective service law.
1t is doubtful whether even if
the law were tortured out of
all recognition, it would author
iZe the use of a drafted man in
she Eastern Hemisphere except
in the Philippines.
A s TO the other polnt-the
"A authority TO hold these men
more than II months-the law
permits the President 10 do that
only after the Congress mot the
PresidenD shall have declared
that the national interest is inn
periled.
The President has declared an
unlimited emergency" and he
did it under authority of Con-
greSs, but il would be going
pretty far TO say that this full
fills the condition of the statute
which requires that Congress
shall have declared that the ma
tional interest is imperiled.
An even greater twisting
would have TO be done TO hold
them through another provision
Of the Selective service law
which puts these men into the
enlisted reserve for 10 years. or
until the age Of 45.
1t is argued that, after they
are in the enlisted reserve. the
President could call them TO
active duty.
But ID Ter another law gov
crning he enlisted reserve, a
reservist cannot be called for
more than IA days duty without
his consent except in war or a
war emergency declared by
Congress and, in this case, the
language is Specifically de-
clared by Congress
THERE can't be very much
L doubt that, at the time this
law was enacted, the intent -
at least, of Congress was that
the act meant what il seemed TO
mean. that these men were Sc
lected for training only and that
their condition was not 10 be
changed by administrative fiat.
but only by some further action
by Congress.
There would be some question,
TOO. of propriety or good faith
or something in taking men
under one representation OF in
tention and then switching the
ground rules after they are
( hooked.
That is not TO say II is like a
contract. These men were taken
as a matter OF right. and this
country has power. if il chooses.
TO draft any man for military
service.
But under all the old volun-
teer laws. men were always dis
charged al the end of their stat
utOry terms of service. Some
times this was done 10 the
great peril Of our armies. as in
the Civil War, and even IN n
greater danger in SCOTS army
before Mexico City.
SelectiVe SerV was a
draft" law and not a .'Volun-
teer law, but tens OF thousands
Of these men who bad good
claims TO deferment did not
make them because they wanted
10 volunteer for one year Of
training. but not for indefinite
enlistment.
OF COURSE. the whole queS-
" ton will go out the window
in a moment If war IS declared.
or if Congress makes a dcclara-
ton Of emergency" or peril
due 10 the imminencc of war.
Perhaps. for that reason, The
subject isn't worth column.
but there have been so many
incomplete or careless state
ments about the precise status
and obligation of these men, and
30 many thousands of them and
their families have so vital an
interest. that it seemed worth
checking-up with the war de-
partment.
Ginrp II IL rnattpr NJ iDtpr-