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Does Uncle Sam Want You?

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Does Uncle Sam Want You? VOLUME NINE NUMBER 2 Battling for the Bill of Rights by Cheryl Baisden In 1789, when President George Washington ordered a signed copy of the proposed Bill of Rights delivered to each of the original 13 states, he probably had no idea how much trouble one of those copies would cause more than 200 years later. Today, North Carolina’s copy of the document, which contains the 12 WINTER2005 amendments that were originally proposed to the U.S. Constitution, is at the center of a $15 million lawsuit. The lawsuit involves ownership All-Volunteer Army or Military Draft: rights and the document’s mysterious journey from the North Carolina Capitol into the DoesDoes UncleUncle SamSam WantWant You?You? hands of two Connecticut men who bought it from two women by Phyllis Raybin Emert time, women between the ages of 18 and 26 to enter for $200,000. military or civilian service for two years, is still pending Businessman Robert Matthews Thousands of U.S. soldiers are stationed right now in the Senate. and antiques dealer Wayne Pratt in Korea, Afghanistan, the Balkans, Okinawa, and other bought the document in 2000 spots around the world. With our military presence in History of the draft The Civil War was the first American war where and later offered to sell it for $5 these areas and the war in Iraq, some military experts million to an FBI agent pretending claim the U.S. is spreading its forces too thin and more soldiers were drafted. This practice was also called conscription. During the Civil War, the South drafted to be a buyer for a museum. The soldiers will be needed in the war on terror. Presently, government seized the historic there are 1.4 million active duty members of America’s white males, aged 17 to 50, making up about 20 percent of all Confederate soldiers. Males 20 to 45 document, which is estimated to armed forces—all of them volunteers. be worth $30 million. A bill, which was approved by the U.S. House were drafted in the North, accounting for less than 10 percent of the total number of Union Since he was the one who of Representatives, will add 39,000 troops to the arranged the purchase and sale U.S. Army and Marines over the next three years. troops. Military service in the Civil War could be of the document, Pratt was The U.S. Senate approved a bill to increase the threatened with possible criminal Army by 20,000 soldiers this year. avoided by paying $300 to the government for exemption from a particular battle or by hiring charges for dealing in stolen The New York Times reports that the property. As a result, he agreed Army National Guard fell short of its a substitute that would take your place for the entire war. During World War I, to give up any claim to the 2004 recruiting goal. Recruiting in document. Matthews refused, other branches of the armed forces the Selective Service Act of 1917 did away with government fees and however, and filed a lawsuit is similarly low. So, how will these seeking half the document’s value. additional troops be realized? substitutes to avoid the military. In October 2004, a House of Instead, the Act authorized Who’s the owner? Representatives bill to re-instate deferments or exemptions for A federal judge in North the military draft was defeated those men who were in needed jobs Carolina ruled in January 2004 402 to 2. A similar bill, which would or were the sole support of their that the document belongs to the require all men and, for the first families if serving caused a financial state, but Matthews is appealing CONTINUED ON PAGE 3 the decision. For now, the 216- year-old document remains hidden away by U.S. Marshalls in a secret Cyberspace Gives Bullies New Weapon location in North Carolina until the lawsuit is settled. But FalseFalse SenseSense ofof SecrecySecrecy According to Richard T. Laughlin, a copyright attorney in Morristown, the outcome of the by Barbara Sheehan or emails to creating entire in an interview with The Star- legal battle depends on who the websites aimed at humiliating Ledger. “It used to be that if court believes is the true owner Up until recent years, bullies or harming another individual someone wrote something in the of the document. in the schools were fairly or group of individuals. bathroom or passed a note, a “If you do not rightfully own recognizable. Whatever their limited number of people would the document then you have no aggressive acts — from pushing The new bathroom wall see it,” said Simmons, who is the right to be compensated for other kids in the hallway to In today’s world, author of Odd Girl giving it up,” Laughlin said. teasing classmates in the information is Out: The Hidden lunchroom — they were usually available with a few Aggression in Girls out in the open for people to see. keystrokes or the and lectures CONTINUED ON PAGE 2 But lately, some students click of a mouse. frequently on the have signed on to a new kind of But, living in the topic of bullying. bullying that puts the aggressor information age “Now, the Internet has out of sight and behind a has negative the capability to take the computer or telephone keypad. aspects as well. bathroom wall and put This high-tech means of “I call the it in an infinite number NSIDE bullying, called cyber-bullying, Internet the new of bedrooms. You I Putting More Bite Into could include anything from bathroom wall,” don’t have to be in sending harassing text messages Rachel Simmons said the stall.” Animal Protection Laws..............................2 Glossary.........................................................4 CONTINUED ON PAGE 4 Bill of Rights CONTINUED FROM PAGE 1 If the court determines that the document really Press report following a January 2004 court appearance, is the property of the state, Matthews would have to Stratton said the document was discarded because it go back to the women he purchased it from and request was a symbol of the government the South was fighting a refund from them, he explained. Trying to get that against in the war, and the soldier actually rescued it money back, however, could lead to another legal battle. from destruction, thereby becoming its rightful owner. This publication was made possible through funding from the IOLTA Fund of the Bar of New Jersey. “Generally speaking all of the copies would belong It will be up to a federal appeals court to decide to the federal government, since it was an official which story makes the most sense. Angela C. Scheck record of the work of the Congress,” said Laughlin. In a similar case involving an original copy of the EXECUTIVE EDITOR “It is reasonable to conclude there is federal ownership Declaration of Independence, the state of Maine Jodi L. Miller because of the historic importance of the documents. regained possession of that historic document in 2001 EDITOR You could say that the copies were only on loan [to when evidence was discovered that showed it had been the states].” taken from the state archives years earlier. Until that Editorial Advisory Board time the buyers and the auction house that sold it How did North Carolina lose it? John J. Henschel, Esq. claimed it had been thrown away by the state at CHAIR In the case of the North Carolina document, figuring some point. out who is the rightful owner may not be so easy. The No matter what happens in the Bill of Rights case, Paula Eisen historic document, on which the 10 amendments that according to Laughlin, Matthews will probably not be Lisa H. James-Beavers, Esq. make up the Bill of Rights is based, was displayed in threatened with criminal charges. Stuart M. Lederman, Esq. the North Carolina Capitol in Raleigh in the 1800s, and “In a case like this you would have to intend to Louis H. Miron, Esq. disappeared when the city was occupied by Union commit a crime,” Laughlin said. “If there is no intent, Carole B. Moore troops during the Civil War. But the exact circumstances no crime has been committed.” Steven M. Richman, Esq. surrounding its disappearance remain unclear. Once the North Carolina case is settled it may not Thomas A. Zeringo The North Carolina government says a Union be the last time ownership disputes over early versions soldier stole the document during the war of the Bill of Rights hit the when Northern troops took over the courts. Although New New Jersey State Bar Foundation Capitol building and briefly lived in Jersey’s copy rests safely it. When the soldier returned in Trenton, the original Board of Trustees home to Tippecanoe, Ohio, copies from Georgia, Lisa H. James-Beavers, Esq. according to the Maryland, New York and PRESIDENT government, he carried Pennsylvania are all John J. Henschel, Esq. the document with him currently missing. FIRST VICE PRESIDENT by horseback. Michael Stratton, the attorney for Ellen O’Connell, Esq. Matthews, tells a different story. In an Associated SECOND VICE PRESIDENT Mary Ellen Tully, Esq. TREASURER John H. Ogden, Esq. SECRETARY Putting More Bite Into Animal Protection Laws TRUSTEES by Cheryl Baisden “To win a case under the law, animal–related cases. “If you you have to hire a lawyer and can get a law in place, then you Mary M. Ace Although many people regard experts to testify in court,” said work to improve it by increasing Richard J. Badolato, Esq. their pets as members of the Strauss.
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