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Congressional Record-Sen Ate - ., .. 6262 CONGRESSIONAL RECORD-SENATE. A U GUST 23 law. The touchstone for such juuicial power is the Constitu­ . utilize Its every man and its every energy to dPfc::;{j ifs libp.r+y tion and nothing else. It remains to be determined, whether the and to defeat tbe migration to its soil of mi~hty nations M Constitution has conferred authority on Conoo-ress to enact this ferocious warrior , whose barbarous inlmmanitv for tll r e law. Clause 11 of Article I, section 8, of the Constitution em­ years has surpasse-d all others sin~ tbe death of Atinn. tile powers Congress ' to raise and support armies.' This power scourge of God. The 1'\-Tits are deniet1.'~ is plenary. It is not restricted in any manner. Congress may .AnTICLE BY OTTO H. KAHN. summon to its army thus authorized every citizen of the United States. Since tt may summon all, it may summon any. Said Mr. SUTHERLAND. I a..~ unanimous C'nm;;cnt to ha \e printetl the Supreme Court in the case of The United St..·1tes v. Tarble as a public document an article by Otto II. Knlni on AJnpr jea us (13 Wallace, 408): 'Among the powers assigned to the National of German origin and the war. I believe it wilT be \ery llelpf:1l Government is the power to raise and support armies: * * * to the German-Americans of tllis country, aml I belie ~ it wi ll IK' Its control over the subject is plenary and exclu ive. It can well to have it widely distributed. determine without question from any State authority how the · The PRESIDEJ\'T pro tempore. The Senntor from 'Yest Yi r­ army shall be raised, whether by voluntary enlistment or forced gLnia asks u.nanimou consent that the paper be has ::; ent to tltc draft. the age at which the soldiers shall be received, and the desk be printed ~ a public document. period for which they shall be taken; the compen ation he Mr. SMOOT. I thougbt tile Senator asketl that t he matter ... hn.Jl be allowed, and the service to which he shall be assigned.' be referred to the Committee on Printing. "It is urO'ed that by this legislation Congress has taken over Mr. PE1\TROSR Let it go to the Committee on Printing. and in thi way conscripted the National Guard. Mr. SUTHERLAND. Very well. " This, it is said, is the State Afilitia. It is contended under The PRESIDENT pro tempore. Without objection, tT1 e ndit:le chml>ie 14 of the article and. section. above quoted that such will be referred to the Committee on Pl'inting. miiitia can be used only to execute the laws of the Union to DISTRICT .AltMO:RY. suppress insurrection and repel invasion. S1nce these petition­ 1\Ir. CURTIS (for Mr.. GALI.INGER) introduced a li>in { ~. ~8 1-t ) ers are not members of the National Guard, in no event could to provide for the erection of an armory in the Distrid of Co­ their rights in this way be affected. But the National Army is lumbia, which, with the accomptmying paper;~ . wa referre(l to not the militia. An army is a body of men whose business is the Committee on Public Buildings an<.J Ground.·. war, Burroughs vs. Peyton, 16 Gratt., Virginia, 475. Tile militia AllfENDMENT TO DEFIClEi'{CY APPROPRIATl!j:i BlT.L is ' a body of men compo ed of citizens occupied temporarily Mr. CURTIS (for Mr. GALLINGER) submitted an am.entlmPnt in the pursuits of civil life but organized by discipline and drill, proposing to transfer the plot of land kno'\\n a.· re.·ernltion !.!6, and called into the field for temporary military service when in the Di trict of Columbin, to the Commis ionel'. of the Dixt riet the exigencies of the country require it.' Idem. for playground purposes, etc., intemlell to be lH'opo et.l by h im "As we have seen, Congress in the exercise of the power to to the urgent deficiency appropriation bill. wbkh "·a: onff> t'etl . roise armies may summon to the colors every citizen. It fol­ to be printe<l aut.I, with the accompanying paper , referretl to lo'!S that the States, even if they so desire, can not defeat this the Committee oo .Approprintions. power by enlisting such citizens in the State troops or National Guard. Was this possible, it would be also possible for the RECESS. Stt~tes to prevent altogether the raising of armies by Congress. Mr. SIMl\.ION,.S. I move that the Senate take a recess until " There remains to be considered the contention that Congress to-morrow morning at 11 o'(']ock. can not employ the National Army to be created by virtue of The motion was agreed to; and (at 5 o'clock and 30 mi :m tes this legislation in foreign lands or beyond the seal. If this is p.m., Wednesday, Au211St 22 1917) the Sf' nate took a rece s until true, then indeed is our country impotent. Then must its to-morrow, Thursday, Au.gu.st ~3, 1917, at 11 o'clock a. m. penple indeed suffer in their own homes, in their cities and on their farm , all the horrors of invasive war. Its military leaders must ignore the settled principle of their science, that SENATE. t}le best defensive is the most vigm:ous offensi\e. The keen swords of its sons, instead of flashing over the guard of the THURSDAY, August ~3, 1917. enemy and piercing hi vitals, must be held immovable as if (Legislatil;e day of Wednesday, .Augttst 15, 1811.) on an anvil to be shattered by the reiterated blows of his ham­ mer. Deprived of our aid in the field, successive defea t.<> will The Senate reassembled at 11 o'clock a. m. .• on the expiration visit and crush our allies. Their lands conquered, their navies of the recess. taken, we must then in turn, s61itary and alone, meet on our <>wn L W . W. MENACE. soil the impact of victorious and barbarous legions whose laws Mr. MYERS. l\1r. Presi<lent, I have received a copy of the • do not forbid their ~rvice abroad, bot which inspire their fierce Helena {Mont.) Independent, a highly rE:>putable and intle­ and veteran armies to deeds of conquest in every clime. pendent daily newspaper in Montana, of the 19th iru tant, which H Was this contention maintainable the misguided men, who contains a very comprehensive article about the activitie of the for their personal ease advance it, might all too late discover Industrial Workers of the World in Montana and contlitioru; their fatal error. They would discover it in the flaming home- arising therefrom. The owners of the Irulependent, l am su L'e, teads, in the devastated fields, in murdered brethren, in out­ are in no wise financially interested in any mines or smelter , raged wives and daughters, in their lands, their factories. their sawmills, lumber camp·, or other indu!<trlal in. titutions, and merchandise, their stock, their all, coolly appropriated by the therefore I believe the paper is in a position to peak advisedly conqueror, as his own; their institutions de..c:;troyed; homeless', and disinterestedly of those conditions. I a k to ha.ve put in lnndless, and beggars to spend whatever interval of degmded the RECORD three extracts from th:H article. life remains to them in abject slavery to the conqueror. But The PRESIDENT pro tempore. ·without objection, it is so or­ our organic law does not so shackle the gigantic energies of dered. the great Republic. After the enumeration of the powers of The matter referred to is as follows: · Coagress, among them as we have seen, ' the power to raise " ' Sabotage,' according to WilHam D. Haywood, head of the and support armies,' in clause 17 of Article I, section 8, it pro­ I. W. \V.,· originally meant ' to push back, pull out, or break off vides the power 'to make all laws whieh shall be nece: sary the fangs of C'apitalism.' and proper for carrying into execution the foregoing powers and "Whatever it may have meant in the beginning of the o-calloo all other powers ve ted by this Constitution in the Government I. w·. W. movement, which aimed its work of destruction at of the United States or in any department or officer thereof.' capitali m, ' sabotage ' has come to mean nothing more nor less Here is the great re ervoir of power to save the national than a threefold conspiracy against organize<] society. existence. "First, the I. \V. W. would' push back,. pull out, or break off "It is sui.'. that there is no express power to send armies the fangs of capitalism,' as Hayw'ood says. or rather de troy beyond the sea. True, but there is no express power to enact all industries which they coulu not tak over and operate for the criminal laws of the United State , none to convey the their own profit and abolish the wa~e system. public domain, to bu.ild a transcontinental railroad. nor to con­ "Second, the L W. W. conspire against ·the various crafts stJ·uct the Isthmian Canal. nor to create the Inter tate Com­ unions, wen organized and recognized everywhere, in its mad mPrce Commission. nor to declare the Monroe Doco·ine. nor to determination to be the 'one big union.' The L W. W. is the make the Loui iana Purchase, nor to buy Alaska, or to take actual enemy of organized labor and con.c:;iders a union man who over Porto Rico and the Philippines.
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