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as may be required, including machines used in connection with the trades; for the purchase of materials, live stock (including fowls), and other supplies necessary for instruction and training purposes and the construction of such buildings needed for vocational training in agriculture; for shops, storage, and shelter of machinery as may be necessary to carry out the provisions of section 27 of the Act approved June 3, 1916, authorizing, in addition to the military training of soldiers while in the active service, means for securing an opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations, part of this instruction to consist of vocational education either in agriculture or the mechanic arts, $3,500,000 :
Act of June 5, 1920 (41 Stat. 965), making appropriations for the support of the Army: Vocational training.
Similar provisions appear in previous appropriation acts.
2220. Special training at colleges, etc.-That the Secretary of War is author. ized to assign to educational institutions, for special and technical training, soldiers who enter the military service under the provisions of this Act in such numbers and under such regulations as he may prescribe; and is authorized to contract with such educational institutions for the subsistence, quarters, and military and academic instruction of such soldiers. Sec. 7, act of Aug. 31, 1918 (40 Stat. 957).
The title of the act of Aug. 31, 1918, declares it to be generally amendatory of the act of May 18, 1917 (40 Stat. 76).
DRAFT FOR MILITARY SERVICE.
Liability to military service, 2222.
Proportionate to population, 2227.
Full quota required, 2228.
Local boards, 2230.
available, 2236. Penalty envelopes, 2237.
Neglect of duty, 2238. l'ersons llable to be drafted, 2239.
Registration for the draft:
Prosecution for failure to register, 2243.
Officials and ministers, 2244.
Removal of cause, 2249.
Restricted military service, 2256.
2222. Liability to military service.—That all able-bodied male citizens of the I'nited States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, act of Apr. 22, 1898 (30 Stat. 361).
After the beginning of the World War, by the act of May 18, 1917 (40 Stat. 76), the President was authorized to raise the Regular Army to its maximum strength, and to draft into the military service of the United States any and all members of the National Guard and the National Guard Reserves, and to raise by draft an additional force of 500.000 enlisted men. By the same act he was authorized in his discretion to raise an additional force of 500,000 men and recruit training units for each component of the Army. The act of July 9, 1918 (40 Stat. 894), authorized the President during each fiscal year to raise by draft the maximum number of men which might be trained and used during such year until the conclusion of the war.
See also 2239, post.
Notes of Decisions.
Powers of Congress.--The organization of the Army of the United States is specifically conferred by the Constitution upon Congress. Ex parte Rielly (N. Y. 1867), 2 Abb. Prac. (N. S.) 334.
Powers of States.-The laws and regulations for the efficiency of the United States Army being vested by the Constitution in the General Government, the States can not, either through their legislative or judicial departments, regulate or circumscribe the powers of the United States in reference thereto. In re Fair (C. C. 1900), 100 Fed. 149.
Persons subject to service.- Every citized of sufficient age and capacity is under obligation to render military service to the country, when required, and is sub. ject to draft for such service. Lanahan v. Birge (1862), 30 Conn. 438.
There is nothing in this act to suggest an age limit in the Volunteer Army difering from that in the Regular Army, and it does not affect R. S. 1117 (superseded by 2169, ante). In re Burns (C. C. 1898), 87 Fed. 796.
2223. Selective draft preferred over voluntary enlistment for the World War.That the enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organization embodying the members of the National Guard drafted into the service of the United States, at the maximuin legal strength as by this Act provided, shall be raised by voluntary enlistment, or if and whenever the President decides that they can not effectually be so raised or maintained, then by selective draft; and all other forces hereby authorized, except as provided in the seventh paragraph of section one, shall be raised and maintained by selective draft exclusively; but this provision shall not prevent the transfer to any force of training cadres from other forces.
Sec. 2, act of May 18, 1917 (40 stat. 77).
Notes of Decisions.
Validity.---The grant to Congress of power to raise and support armies, considered in conjunction with the grants of power to declare war, to make rules for the government and regulation of the land and naval forces, and to make laws necessary and
proper for executing granted powers (as provided by art. 1, sec. 8, of the Constitution), includes the power to compel military service, exercised by the selective service act. Selective Draft Law Cases (1918), 245 U. S. 366.
The constitutionality of the selective service act may be upheld against the following objections: (1) That by some of its adininistrative features it delegates Federal power to State officials ; (2) that it vests both legislative and judicial power in administrative officers ; (3) that, by exempting ministers of religion and theological students under certain conditions and by relieving from strictly military service members of certain religious seets whose tenets deny the moral right to engage in war, it is repugnant to the First Amendment, as establishing or interfering with religion ; and (4) that it creates involuntary servitude in violation of the Thirteenth Amendment. la. Accord : Jones v. Perkins (D), C. 1917), 213 Fed. 997; aff. (1918), 245 6. S. 390 ; Franke 1. Murray (C. ('. A. 1918), 248 Fed. 865 ; U. S. v. Olson (D. C. 1917),
253 Fed. 233; Rhodes v. Tatum (Tex. Civ. App. 1918), 206 S. W. 114.
This act does not violate the Fifth Amendment, as depriving one of his property without due process of law, as respects his office or employment, for, in a just seose, there is no such property right. C. S. 0. Olson (D. C. 1917), 253 Fed. 233.
This act is not ex post facto as respects aliens, for while Congress could not affect an alien's right to come into the country by change thereafter in the requirements for admission, nevertheless in all other respects his status after entry is the same as that of a citizen. U. S. o. Bell (D. C. 1918), 248 Fed. 992.
See also notes to 2785, post.
Draft for foreign service.--The army into which an enlisted man enters is not limited to services such as those for which it is as serted the militia only may be used. lective Draft Law Cases (1918), 245 U. S. 366.
The common law right to “ remain within the realm " can not prevail against an erplicit provision of an act of Congress acting within its constitutional powers. Jones v. Perkins (D. C. 1917), 243 Fed. 997; ar. (1918), 245 U. S. 390.
Status of persons of draft age. This act does not give persons within the draft ages any military status solely by virtue of their
being within such ages, but they retain for service, Ex parte McDonald (D. C. their ordinary status as civilians and citi- 1918), 253 Fed. 99; Ex parte llenry (D. C. zens until it is changed by their selection 1918), 253 Fed. 208.
2224. First draft authorized during the World War.-- That in view of the existing emergency, which demands the raising of troops in addition to those now available, the President be, and he is hereby, authorized - *
Third. To raise by draft as herein provided, organize and equip an additional force of five hundred thousand enlisted men, or such part or parts thereof as he may at any time deem necessary,
See. 1, aet of May 18, 1917 (40 Stat. 76). Notes of Decisions.
Construction.—The prevision in terms declaring the President "authorized " to raise troops held not to delegate the power vested in Congress to raise an army,
but merely to commit to him execution of the scheme of Congress. Angelus v. Sullivan (C. C. A. 1917), 246 Fed. 54.
2225. Second draft authorized during the World War.--Fourth. The President le further authorized, in his discretion and at such time as he may determine, to raise and begin the training of an additional force of five hundred thousand men organized, officered, and equipped, as provided for the force first mentioned in the preceding paragraph of this section. Sec 1, act of May 18, 1917 (ho Stat. 77).
2226. Annual drafts authorized during the World War.—That the authority conferred upon the President by the Act approved May eighteenth, nineteen hundred and seventeen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," is hereby extended so as to authorize him during each fiscal year to raise by draft as provided in said Act and Acts amendatory thereof the maximum number of men which may be organized, equipped, trained, and used during such year for the prosecution of the present war until the same shall have been brought to a successful conclusion. Chap. XXI, act of July 9, 1918 (40 Stat. 891).
2227. Quotas drafted from localities in proportion to the population.Quotas for the several States, Territories, and the District of Columbia, or subdivisions thereof, shall be determined in proportion to the population thereof, and credit shall be given to any State, Territory, District, or subdivision thereof, for the number of men who were in the military service of the United States as members of the National Guard on April first, nineteen hundred and seventeen, or who have since said date entered the military service of the United States from any such State, Territory, District, or subdivision, either as members of the Regular Army or the National Guard.
Sec. 2, act of Jiay 18, 1917 (10 Stat. 78).
2228. Each locality required to furnish its full quota of drafted men.-Prorided, That notwithstanding the exemptions enumerated herein, each State, Territory, and the District of Columbia shall be required to supply its quota in the proportion that its population bears to the total population of the United States.
Sec. 4, act of May 18, 1917 (40 Stat. 79). That if under any regulations heretofore or hereafter prescribed by the President persons registered and liable for military service under the terms of the Act of Congress approved May eighteenth, nineteen hundred and seventeen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," are placed in classes for the purpose of determining their relative liability for military service, no provision of said