quoted, the only fact to be established by parents
electing one of several sons 'subject to draft,' is that they are 'aged
or infirm'. When this is done, boards of enrolment must grant the
exemption. The parents may live in affluence independent of their
children; the sons may all be in the second class except the one
elected; they may reside in different districts or States; they may
belong to different households: yet, if the same parents, or some
indigent widow adjoining them, had but _one_ son 'liable to military
duty,' or, having _several_, had sent them all into the army save _one_,
that one remaining could not be exempt unless it were proven that they
actually depended on him for their support. Why should a helpless widow,
having but _one_ son, be required to prove her dependence on him for
support in order to have him exempted, when her wealthy neighbor, who
has _two_ sons, can have one of them exempted without this dependence?
Another published 'opinion' says: 'Election of the son to be exempted
must be made _before_ the draft.' Now amid the chances of a draft it may
happen that the brother or brothers of the elected son may not be drawn.
Thus the Government loses the services of the entire family. In many
cases no election would be necessary unless _all_ the sons were drafted,
in which case it could be made as well _after_ as _before_ the draft.
Besides, if there be a considerable interval between the time of
election and the time of draft, the ground of exemption may no longer
exist when the Government calls for the service of the man.
On clause sixth an 'opinion' has been issued, stating that 'the father
of motherless children under twelve years of age, dependent upon his
labor for their support, is exempt, notwithstanding he may have married
a second time and his wife be living.'
A stepmother is not believed to be a 'mother' in the sense of the act.
Another 'opinion' declares that the father of children of an insane
mother under twelve years of age dependent on his labor for support, is
_not_ exempt.
A moment's reflection on these two 'opinions' is sufficient to establish
their injustice. A stepmother may and should, in all important respects,
take the place of the actual mother. Yet the father is exempt. Children
of an insane mother, however, may be left entirely without maternal care
and protection, and the father, upon whom may rest the burden of
children and wife, is _not_ exempt.
Clause seve
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