Baily Name Industrial Mark-ers
Published Daily except Sunday
Ity Nome Mine Workers’ Union, No. 210, International Union of Mine,
Mill and Sin elter Workers.
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Entered as second class matter March 1, 1111, at the poal office at
tome, • Alasica, under the Act of March t, 1871.
"To secure to each laborer the whole product of his labor, or as
•".early aB possible, Is a worthy object of any good government.”—
AOraBam Llncola
Ail cbang* s In standing advertisements must reach this office at s!i
c.'clock each evening to Insure Insertion Is the following Issue.
Advertising rates made tnovd oa application.
Address all Communications to Dally Nome Industrial Worker,
Box 210 Nome, Alaska. Phone, Black 18*.
Nome, Alaska, October 11, 1017
AN IMPORTANT CASE.
The forthcoming test of the con
•sUtutionaHty of the Conscription
i.aw which is now slated to bo
heard before the United States Su
preme Court on December 9, is one
of more than passing interest di
rectly and indirectly.
Indirectly in view of the fact that
ii draws attention 'o the peculiar
position that the Supreme Bench
occupies in the direction of affairs
in the nation, and the absolutely
unique position it occupies com
pared to the highest >ourts in ;>li
ruh»*r civilized nations.
it alone lias power to set aside
ill, laws passed by legislative bodies
in • .. i oner- ssi s. parliament. its
member alone are not to be re
moved from otti.-e during their goon
conduct. regardless of "n- popular
demand or the will o; the legisln
t ures.
Direetly two very important ques
•ions ;ir- to be finally disposed of
one tie- ionatitutftftnili'y of the draft
itself and the otter the status ot
the National Army and whether oi
not sueh is to he considered part o'
tin national militia. Ard if part
».f the national militia whether the
tr. -nibei-s of that Army ran lie sent
ovu-r the seas for fflvtlve service in
a toreign country
dust now it is fair to say that the
ni si brilliant jurists a ml »!.■■ most
trio*;.- autliorities on n •tiotiiil
international law are at sea to
■ extent that they are divided it.
Ih-ir opinion:-. Vet it would la
safe to say that the most. conserVa
view is tiiat the militia may
not be sent overseas and that tin
National Army is merely the, orga
nization o; the heretofore tiiiorga
nixed militia.
The Supreme Court ninety years
..go decided that no nu-m
b r of the militia could tie
sent for service into, a for
eign country. The whole subject
has been reviewed at the request of
President. Taft by Attorney General
Wiekcrsham who wrote an exhaus
tive report sustaining this exemp
tion from foreign service and de
livered the same n ■ ■" oil ' .! opin
ion ill 1912.
This view was also taken by 1're
ndent Wilson ill speeches delivered
in New York. Cleveland, Milwaukee
uni Topeka. It is quoted ftom tilt!
1 ntti r that lie said "Tile national
mthority has no right to rail upon
them (the national guard) for any
.service outside the states, unless the
territory of the nation is actually
invaded”.
Attorney-General Wjckersham’s
thorough review cf the subject
AlVirms that the militia can never
tus employed for offensive warfare
r.vuaidc the United States.
The National Defense Act, 1916
.gdiil standing upon the statutes do
tires what the Militia is. and it is
upon this definition that those who
question the right of the govern
ment. to send drafted men outsidi
die United States found their ob
jections:
-COMPOSITION OF THE M 11.1
-piA.—The militia of the United
Styles shall consist of all able bo
died citizens of the United Stuf f
him! all other aid' bodied males who
leave or shall have declared theti
intention to become citizens of tin
United States who shall in
more than IS year.- ot age
c-xA'pt as in hereafter provided not
men. than 4*. year:- of age, and sal.
militia shall he divided into thr".
rlr.-fte.;. the national guard, tin
naval militia and the uni,re: niz. i
■militia."
Now tin b gal authorities content
that the conscription act of May IS
is simply a supplement of tin
act of Juni 1916 (wherein tin
militia is above deflnod I. lvisse*
wi;!i In1 avow ed purpose ot organ
Wing the unorganized militia” o
ah. United S ates.
.Mil'Try authorities itav ■ pointed
out, the Mexican War war fought
with regulars because of the tact
that the militia could not he used
outside the Cnited States.
So far this view ot the National
Army
On the other hat.d. the legal
sharps who support the Draft Bill
claim that Congress shall have
power to raise and support armies
etc. This is section VIII. Art. 12
of the Constitution.
The former view contends that
this refers exclusively to the regu
lar army raised by volunteering:
that the draft must in its esesnee
be the application of the militia
principle to raising armies. That
in the Civil War the draft enforce
ment in the Act of March ISfiT
stated that it was so passed under
Section VIII. Arcticle 1 and 1 •> ot
the constitution" calling forth tin
militia to execute the laws of the
Cnion. suppress insurrection and re
pel invasions".
It would be ridiculous for a lay
man to attempt to analyze the var
ious views which the legal author
ities have worked out pro and con.
Some of the points are so highly
technical as to completely bewilder
those not versed in the niocities ot
the law.
in any event litis can be said that
inasmuch as the Constitution gives
Congress the right to declare war.
gives Congress the right to raise
armies, and according to Article IS
of Section VIII. Congress has the
power "to make all laws necessary
. . . . for the carrying into ex ca
tion of tlie foregoing powers” it
would appear that the Constitution
in tiiis matter gives Congress an
unlimited authority.
It is obvious that while the powe*
necessary to raise armies may ip
con tilled to a volunteer army system
and the preponderance of not only
legal hut military opinou is all cen
tered upon that interpretation, in
asmuch as Congress lias the powet
:<> carry on war. and tlie power tc
make laws to enforce the executioi
of that power, drafting in itself it
not otherwise contrary to the can
stitutional rights of the people is
within tlie power of Congress. The
question whether or not the N"
tional Army is to be regarded as tie
organization ot the unorganized ml
litia, tlte view put forward by sane
cit the experts we have cited fruit
j may be by some regarded as sc
I trilling and si hair splitting a mat
ter that even cur legal casuists, w he
ar^ tickled to death with soni
knotty nicety that puzzle's laymen
not regr.rd it as a very serious I
one. j
Come now the opponents of the j
constitutionality of the draft law j
on far other grounds.
They contend that Article XII'
of the United States Contitutioi
Amendments is conclusive in oppo
sition to drafting. It states dis
tirctly that neither slavery nor in
voluntary servitude except as a
punishment for crime whereof the
party shal have been duly convicted
shall exist within the Unit’d
States.
They hold that to be drafted in a
N'ational Army is involuntary serf
itude if they are compelled to serv ■. !
They must do as they are told. |
work for what they are paid, go!
where they are ordered, they nia^ ;
not quit and are subject to the dis j
< inline which i., the hall mark ol j
-u-h servitude. Th-y do not enlist ;
. ! unta ril : t h< l
serve.
And i‘ i.- rigid lu re where tli • i
iwo leg,.! sharps get right into log I
air heads. One says that it is no j
involuntary servitude because it is
the application of the militia prin
ciple in which it is the duty of ever>
person as a citizen to serve. In the
United States every adult male is in
himself a member under th > law of
the militia. It is his duty, and he
undertakes that duty when he is
called upon to make good his citi
zenship.
Thereupon the opponents of the
draft say ‘'well and good, but then
this National Army is part of the
militia and you cannot send it ou‘
of the country. See a Supremo
Court Decision ninety years old. set
the position taken in the Mexican
and Civil Wars, see the exhaustiv.
opinion of Attorney General IV ick
' ersham.’ Thereupon rejoin the sup
1 porters of the draft that this is on
tlie same principle of the militia
hut something different. It is a
method Congress has ot raisin,; uT-j
mies to carry on the war in Ecrop • !
No such tiling, say their opponents.
For the* records ot’ tl:** < onventior
show that the limitations as to the
militia, the methods ot raisiu2j ar
I mies and oth* r matters affecting
t them were inserted in the constitu
j th'M by sueh men as Washington,
! Madison. Mas on. Franklin. Pierce
j Butler. Ellsworth and the rest with
the express purpose of keeping th
United States of America out of the
i broils of Europe.
In any event so strained and an
tagonistic are the views of roallc
prominent men. now and in the pits!
1 history cf tii • nation, oil this point
that -.he decision which the Supreme
j Court is called upon to make is
: really one of infinite importance
from a legal point of view: ihst
from the point of view of constitu
tional law.
That it will lie decided by that
ni'ghty body with the judicious iru
partiality of men extremely ler.rnetl
in the law may of course be as
sorted. but we would do well to re- i
collect just new the somewhat c; n- j
ieal but by no means inapt ruser- j
tion of Mr. Dooley “The Supreme j
Court follows the elections".
It may well be doubted whethei
the Supreme Court decides any
highly technical question purely by
precedent or as the weight of legal
authority may direct. The Supreme
Court has frequently reversed it
self. It has adapted itself to the
exigencies of the political situation
with rather peculiar ease. It has
not hesitated in at least one im
po-tant rase upon the authority o' j
the minority decision rebuking the I
majority for doing so to read irto;
the statute words of convenience j
which wou’ i enable them to beltei
lake up an attiude suited to the
t ontingeiicies. Helen noe is maue
to the derision in the Standard Oil
r.nrt Tobacco trust cases.
In this coming decision, what
with the perplexing points involved,
the Supreme Court may well fool
that tiie Bench as well as the law
is to be affected with some degree
cf permanence by what shall be the
result of the hearing.
REMABLE TAILOR SHOP.
Front St. • doors west of Alaska
- Bank.
We do the best
CLEANING
PRES8ING
ALTERING A
REPAIRING
Ladles *nd Gentlemens Clothes
CALI. FOR BIDS.
Sealed proposals will be received
by the Divisional Hoad Commission
at Nome. Alaska, up till 11 o clock
a. nn. October 15, 1917. at which
time and place they will be publicly
opened, for furnishing 22,000 j
spruce poles 10 feet ong. not less
than 4 inch, nor more than 9 inch,
in diameter, and 30,000 linear feet
of spruce poles any lenglit over 12
feet. not less than 4 inches nor
more than 12 inches in diameter,
for proposed road from Dime Land
ing to Dime '“reek. Koyuk Precinct.
Material to be delivered along
the staked roadway closely follow
ing the telephone line from Station
218 to Station 345, that is, from
Dime Crossing on No. 1 1 Below
Dime to Dime Roadhouse on No. 1
Above, a distance of 2.4 miles.
Cash or a certified check tor 5
per cer.t of the amount of the bid
must accompany each Dili. The
successful bidder will be required
to execute a good and sufficient
bond for ' 20 per cent of the
amount of the hid.
The Commission reserves tlie
right to reject any or all bids.
JOHN A WILSON.
Chairman Div. Road Commission.
Army Shoes
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ONK OF Till-: Oo\KKNMKNT FONTHATOItS Foil AI5MY
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TLIAI ICAMnq OF WEARERS AFTER EXPERIMENTING WITH ^ _, inri/ A 'C
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ALASKA STEAMSHIP CO.
S. S. VICTORIA
LEAVE SEATTLE: LEAVE NOME:
Via Seward, Valdez and Cordova
Without Additional Charge.
Oct. 10th. Oct. 25th.
SAILING SUBJECT TO CHANGE WITHOUT NOTICE.
R. A. Carroll, Agent, Nome
From Nome ^
Oct. 3rd
1£From Seattle
Oct. 15th.
LAST SAILING OCT. 25TH.
RIGHT RESERVED TO CHANGE THIS SCHEDULE.
PACIFIC STEAMSHIP CO.
ALASKA L. & C. CO.
AGENTS
At Dork.
F. J. O'CONNOR,
Commercial Agent.
Front St. and Steadman Ave.
Charles L. Ross
Milling, Lumber, Contractor
HAVING TAKEN OVER THE FREIGHTING & TRANSFER
BUSINESS OF W. STEIGERMAIER AND OF LEO KENT,
FREIGHT ORDERS AND TRANSFER CONTRACTS WILL RE
CEIVE PROMPT ATTENTION.
3RD AND B STREET. PHONE BLACK 162.
S. S. Standard
Sails every SIX DAYS to
DIME AND WAY POINTS
weather permitting
.dhsuBr
From Snake River.
CHAS WECKMAX.
INDEPENDENT
MEAT MARKET
W. H. Webb prop. I’hone M.1S
** IfSifiSb*###******** *»***»*!
FOR SALE
ONE 8 HI’. Corliss Engine.
ONE (i HP. Kairbunks-Morse Engine.
Alaska Lighterage Comercial Co.
THE HOME INDUSTRIAL WORKER
is prepared to handle
all kinds of
JOB PRINTING
Let us figure on your
work. Cal! up Black .
134 or call at
IHE I