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WAR DEPARTMENT

OFFICE OF THE JUDGE ADVOCATE-GENERAL,

WASHINGTON, September 27, 1917. Mr. GEORGE F. PORTER, Chief, Section on Cooperation with

States, Council of National Defense, Washington, D. C. DEAR MR. PORTER: A bill entitled “Soldiers' and Sailors' Civil Rights Act” has been prepared in this office. It has been drafted with great care and is now pending before both Houses of Congress.

Both the War and Navy Departments feel that the early enactment of this bill by the States, as well as by Congress, is of the highest importance to protect from injury the civil rights of soldiers who are now abroad, as well as those soldiers now at cantonments who will soon be sent to join the forces already on the other side.

We regard it desirable to have the State legislatures enact this law, for the protection extended to such rights of soldiers should obviously be uniform throughout the Union. Some States have already legislated and doubtless many more will in the future legislate on this subject and there should be no opportunity given for the complications which might well arise from different or even inconsistent legislation by Congress and the States.

The undoubted and unique success on so enormous a scale of the method pursued under the Selective Service Law of inviting the voluntary cooperation of the State authorities for a Federal purpose has convinced us that a similar method can be applied in enacting the measure here presented which is so vital to the welfare of the American Army and Navy but which will ultimately depend for its successful carrying out upon the loyal cooperation of the cause in

every

State. We trust, therefore, that through the machinery of the Section on Cooperation with States not only will you bring this legislation to the attention of the State legislatures but that you will use every means at your disposal to secure its early enactment by them.

Yours very truly,
JOHN H. WIGMORE,

Major, Judge Advocate,
Assistant to the Judge Advocate-General.

WAR DEPARTMENT,

WASHINGTON, October 19, 1917. Mr. GEORGE F. PORTER, Chief, Section on Cooperation with

States, Council of National Defense, Washington, D. C. DEAR SIR: A bill entitled “ Soldiers and Sailors' Civil Rights Act” was prepared by a committee representing the War Department and the Council of National Wefense, and submitted to Congress at its recent session. The bill passed the House and it is presumed the late date at which it reached the Senate prevented complete action by that body. It has been given the approval of both War and Navy Departments, and it is hoped that it will speedily become a law when Congress reconvenes. It may be possible and desirable to enact many of the provisions of this bill into State law, and such legislation may be of the highest importance in protecting from injury the civil rights of soldiers and sailors who are now abroad, as well as those who are at cantonments and who will soon be sent to join the forces already on the other side.

It is, of course, desirable to have such legislation as may be enacted by the several States on this subject as nearly uniform as possible. Some States have already legislated, and others will doubtless legislate in the future on various phases of this subject, and it is believed that variations and complications may be avoided if the several States will follow the bill introduced in Congress as a general outline of the matters to be covered. The large measure of success which has followed the method pursued under the Selective Service Law of inviting the voluntary cooperation of the State authorities in pursuance of a vital purpose has convinced me that a similar method can be applied in enacting the measure herein referred to, which is so vital to the welfare of the American Army and Navy, but which will ultimately depend for its successful application upon the loyal cooperation of the local officials in the several States.

I trust, therefore, that, through the machinery of the section of the Council of National Defense on cooperation with States, you will not only bring this legislation to the attention of t] State legislatures, but that you will use every proper means at your disposal to secure early and favorable consideration by them.

Very respectfully,
NEWTON D. BAKER,

Secretary of War.

A message from the Governor, at the hands of his secretary, was received and read in the words following:

STATE OF NEW YORK -- EXECUTIVE CHAMBER,

ALBANY, January 2, 1918. To the Legislature:

I have received from the Secretary of State of the United States a certified copy of a resolution of Congress, entitled “ Joint Resolution Proposing an amendment to the Constitution of the United States," and in accordance with his request, I submit it to your Honorable Body for such action as may be had thereon.

Attached hereto is a copy of the communication of the Honorable, the Secretary of State, a copy of the joint resolution and the certification thereof by the Secretary of State. This communication and the certified copy of the resolution did not reach me in time to be included in my annual message.

(Signed) CHARLES S. WHITMAN.

DEPARTMENT OF STATE, WASHINGTON,

December 28, 1917.

1

His Excellency, The Governor of the State of New York, Albany:

Sir.-- I have the honor to enclose a certified copy of a resolution of Congress, entitled “Joint Resolution Proposing an amendment to the Constitution of the United States, with the request that you cause the same to be submitted to the Legislature of your State for such action as may be had, and that a certified copy of such action be communicated to the Secretary of State, as required by Section 205, Revised Statutes of the United States. (See over leaf.)

An acknowledgment of the receipt of this communication is requested.

I have the honor to be, Sir,

Your obedient servant,
(Signed)

ROBERT LANSING,

Sec. 205. Whenever official notice is received at the Department of State that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Secretary of State shall forthwith cause the Amendment to be published in the newspapers authorized to promulgate the laws, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. Revised Statutes, 1878.

UNITED STATES OF AMERICA,

(Seal)

DEPARTMENT OF STATE.

To all to whom these presents shall come, Greeting:

I certify that the copy hereto attached is a true copy of a resolution of Congress, entitled “ Joint Resolution Proposing an amendment to the Constitution of the United States," the original of which is on file in this Department.

In Testimony whereof, I, ROBERT LANSING, Secre

tary of State, have hereunto caused the Seal of the
Department of State to be affixed and my name sub-
scribed by the Chief Clerk of the said Department, at
the City of Washington, this twenty-eighth day of
December, 1917.
(Signed)
ROBERT LANSING,

Secretary of State.

Chief Clerk. By (Signed) BEN G. DAVIS,

S. J. Res. 17.

Sixty-Fifth Congress of the United States of America; at the

Second Session, begun and held at the City of Washington on Monday, the third day of December, one thousand nine hundred and seventeen.

Joint Resolution Proposing an amendment to the Constitution of

the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following amendment to the Constitution be, and hereby is, proposed to the States, to become valid as a part of the Constitution when ratified by the legislatures of the several States as provided by the Constitution:

"Article

“ Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

“Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

“ Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the Several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.”

CHAMP CLARK,
Speaker of the House of Representatives.

Thos. R. MARSHALL,
Vice President of the United States and President of the Senate.
I certify that this Joint Resolution originated in the Senate.

JAMES M. BAKER,

Secretary.

Said message ordered printed and referred to the committee on taxation and retrenchment.

A message from the Governor, at the hands of his secretary, was received and read in the words following:

STATE OF NEW YORK - EXECUTIVE CHAMBER,

ALBANY, January 9, 1918. To the Legislature:

Pursuant to the provisions of chapter 130 of the Laws of 1916, I submit to your Honorable Body a statement of the total amount of appropriations desired by each State department, commission, board, bureau, office and institution, with such suggestions for reductions and additions thereto as I have deemed proper.

At the same time, I submit as a part of such statement an estimate of the probable revenues of the State for the ensuing fiscal year.

In your consideration of appropriations during this time of war, I urge upon you the paramount and patriotic necessity for economy. The State's first duty now is to aid in winning the war, and any proposed expenditure for labor or materials, or of money, should be tested by that rule.

To spend needlessly at this time is to compete with the Federal Government, which needs all the available labor, materials and money or credit possible for war purposes.

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