Evening star., 1945-02-01
Drafting Of Nurses
Called Constitutional
By Authority on Law
BY CARTER BROOKE JONES.

by GARTER BkOOkE JONES.
Legislation to draft nurses for
the armed forces is constitutional,
in the opinion of a member of Con-
gress who is considered an authority
on constitutional law.
While some members have ques-
toned the constitutionality of the
bills pending before the House Mill
tary Affairs Committee to authorize
induction of nurses under selective
service, this lawyer is not inclined
to doubt the right of Congress to
pass such a measure.
This member, who does not want
to be quoted by name until he makes
more exhaustive study of the
question, but undoubtedly will have
something to say when bill reaches
the floor, will be surprised, he said,
if any one can successfully challenge
its constitutionality.
Cites Constitution.
He pointed to the right given
Congress in Article I of the Con-
stitution, section 8, "to raise and
support armies" The next section
authorizes Congress "to provide and
maintain Navy"
These provisions were held later
to have given Congress the right
to draft men for the armed forces.
If it can draft men, it can draft
women and specify the type of serv-
ice they are to perform, the veteran
lawmaker held. If men can be
inducted and subjected to the risk
of death, any group of citizens can
be taken for designated tasks, he
feels.
He saw no merit in the conten-
ton of some members that an act
to draft nurses would be discrimi-
natory, since it would not draft all
women.
"Selective service" he cited, "takes
only men of certain ages and of
certain physical standards into the
armed forces. 1t inducts the men
shown by experience to make the
best soldiers and sailors. You might
as well say this Is class legislation
that it discriminates against these
men, since all men are not drafted"
Bills Ask Induction.
Bills by Chairman May of the
Military Affairs Committee and
Representative Rogers, Republican,
of Massachusetts, provide for in
duction of nurses under selective
service regulations as determined
by the needs of the armed forces.
The May bill requires the regis
tration and authorizes the possible
induction of all nurses between the
ages of 18 and As. 1t provides only
that inducted nurses shall be as
signed to medical duty, without
specifying their rank. The Rogers
bill, fixing the ages Of registration
at 20 to As, requires that all drafted
nurses be commissioned at ranks
not lower than second lieutenant
in the Army and ensign in the Navy.
Maj. Gen. Norman T. Kirk, sur
geon general of the Army, who re-
ports the Army in urgent need of
$4,000 nurses, has told the commit
tee there is no intention to accept
any registered nurses except as COM
missioned officers, whether they VOL
unteer or are drafted.
The Navy, meanwhile, has
launched a drive for 1000 nurses
it needs Immediately.
Discussed in House.
The subject of the nursing short
age came up in the House late yes
terday during debate on the limited
national service bill, when Repre-
sentative Edwin Arthur Hall, Re-
publican, of New York offered an
amendment authorizing the COM
missioning of male nurses in the
armed forces. Mr.. Hall said there
were 5000 men skilled in nursing in
the Army and their commission
ing would help relieve the acute
shortage.
Representative Bolton, Repub-
lican, of Ohio asked if the New
York member was aware that the
law provided commissions only for
women nurses. Mr.. Hall said he
was. Mrs. Bolton also pointed out
that nurse draft legislation would
come up in the House later. Mr.
Halls amendment was ruled out on
a point of order as not germane to
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