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The day book. (Chicago, Ill.) 1911-1917, August 31, 1914, LAST EDITION, Image 9

Image and text provided by University of Illinois at Urbana-Champaign Library, Urbana, IL

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045487/1914-08-31/ed-1/seq-9/

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' Editor Day Book: Your article
the other day, reporting the immun
' ity bath given by ocurt-martial offi
b cials to the militiamen of Colorado
for their recent "efforts" in that eco
nomic war, reminds me of the follow
ing: Mr. Smug Citizen of the United
States about now is priding himself
on the fact that he does not have to
go to war. That there is no compul
sory enlistment law in this land of
freedom for those who have.
In this connection, let me state to
the intelligent readers of The Day
Book that every man between the
ages of 18 and 45, both inclusive, is
AUTOMATICALLY declared a mem
ber of his state's militia, and that the
militia of each state is subject to the
orders of the president, the command-er-in-chief
of our army.
This most pernicious piece of legis
lation passed both houses of Congress
in 1902, without a moment's debate,
and not a paper in the U. S. published
the fact
It is a well-known fact to us law
yers that a law is not really a law
until the supreme court of the land
passes upon its constitutionality.
During the recent Mexican turmoil
this enactment was taken up in a
friendly suit by the Ohio National
Guard to the supreme court, testing
its constitutionality, and was given
the "o. k." by that tribunal.
It is now a law. And reads thus:
I That every citizen between the above
ages is hereby declared a member
of the militia; that he is subject to the
same rules as the regular army.
Let us presume that Mr. Smug Citi
zen is a devout Catholic and we are
at war wijh some country which the
Vatican is backing. Mr. Catholic does
not want to go to war. Well, that's
an admirable thing in any event. But
he js infqrjned that he js already a
member of the army. How can that
be? Why, that sacrifices my liberty;
Nix on that rough stuff. But the cor
poral's guard comes round next
morning and marches him off to be
tried for failing to answer the nation's
call. Proceed with the court-martial,
Let us give a better illustration.
The government of the United States
(you know the triumvirate) is at war
with labor unions. Mr. Intelligent
Man is in favor of the battle the
union is wagingagainst the trium
virate. He will not fight against the
labor organizations of this land. He
WILL exercise his right of pursuit of
happiness; he will not fight it is his
liberty to decide that. Top bad old
man: Witness the "Dead March play
ing, said Files-on-Parade. For they're
hangm' Mr. Liberty in the mornin.'."
If this country were attacked by
some other nation we would all spring
into resistence; hence, obviously, this
statute is not designed for that con
tingency. And if it were a soldier who,
wouldn't fight for Old Glory if she.
were really attacked wouldn't make a v
good soldier by coercion. Hence, we
can only conclude that it was put on
the books to be prepared for such an,
economic war as, for an instance,
"Oh! but the country will never use
this right?" Then why have it on the
statute books? It will not use it; UN-
I am not a pessimist, but if muck
raking means telling the truth, call
me that. A. E. Carver, Attorney-at-law,
Gary, Ind.
Editor Day Book: Possibly just
common sense is too "raw" even for
the liberal Day Book.
Day after day article after article
dealing with the problem of circum
venting the sharks infesting the busi
ness world are painted, but I have
seen but one worthy suggestiop;

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