Detroit evening times. (Detroit, Mich) 1921-1958, 1941-07-25
En- er ency
Arguments
Analysed
Congress Must Find Way
TO Hold Soldiers Legally
BY HUGH S. JOHNSON

BY HUGH s. JOHNSON
IN ORDER lawfully to hold the
= National Guard, the reservists
and the drafted men in service
longer than the present fixed
statutory period shall Congress
declare national emergency"
or merely find that national
interest is imperiled ?"
The question sounds like
superficial legalIsfn but 1T is far
from that.
In the three governing stat
uteS in all cases-the national
defense act. the Selective service
act and the law governing the
reserves plus a couple Of joint
resolutions-it was particularly
provided as a condition 10 ex-
tended service that there should
be a declaration that the ma
tional interest is imperiled"
Such an affirmation. in addi-
tion TO being a declaration Of
what nearly everybody recog-
nizes as an unbeatable truth,
would he fulfilling the under
standing OF the obligation 10
serve on which all these classes
put on their uniforms.
II would leave no room for
argument about broken faith
or for a warranted feeling Of
injustice even in their own
hearts.
RUT the declaration of ma
- tionai emergency" is some
thing else again.
What is an emergency ,"
The word has been used over
the past eight years to describe
everything from unemployment
and a condition of price levels
thought 10 be too low 10 a situa-
ton justifying the transfer of n
hunk OF our navy and the occu-
patton of Iceland.
II is a term so elastic that il
could include meaning outright
war.
There is another point. At
this writing | have not time 10
check the wording Of all the
var statutes delegating author
lily TO the President. both those
recently passed and those left
over from the World War. but
j am reasonably sure that the
declaration by Congress of a
national emergency" would
raise several more personalized
war powers than those in queS-
ton here-the extension of mill
tary service OF these temporary
elements OF our army.
We might be buying a whole
litter OF pigs in pokes.
IN THE other hand. in view
" Of the vague and sometimes
very limited meaning hitherto
given 10 the word emergency
and the meticulously precise Ian
guage in these statutes govern
ing service f"national interest
imperiled") il could be argued
that the declaration of an
emergency does not fulfill the
requirements of the service stat
utes.
1t would seem very wise II
Congress acts. as il must act,
10 safeguard our half formed
armies, to do so in precise per-
Torrance of the service statutes
and. find specifically that the
national interest is imperiled
1t might be even wiser 10 add
I'm the sense in which those
words were used fin various
service statutes naming them
and not in q sense or with Ar
effect TO extend any. other ex-
: ecutive powers whatever.
Among others Of the various
suggestions 10 compose this
predicament is that Of paying
large bonuses for men whose
service is extended either by
voluntary acceptance or by rea-
son OF congressional action.
THIS is a lapse into an early
l. error that plagued our mill
tary history for many years ane
reached the height of folly II
the Civil War.
You can't measure the obliga.
tion 10 military service in terms
Of dollars and you can't salvt
whatever feeling Of resentment
there may be by requiring mill
tary service from one man anC
not another or as between
classes Of soldiers. by paying
the former 400 bucks.
If soldiers got a merely none
tary reward for patriotic Sacri
flee, including sometimes death
there isn't enough wealth II
the United States to support al
army of million men.
We can't depend for our de
Tense on medieval mercenarie'
] hired by the sovereign, but only
on the American principle Of thu
universal obligation 10 military
service in tine of national dan
ger and sacrifice beyond the
possibility or desirability o
monetary compensation.
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