Pierce Butler

“ The opinion strongly puts the considerations that make in favor of plaintiff's claim but neglects the distinction between private employment of minors and their service in army or navy and fails to give effect to the law applicable to contracts of enlistment and to the terms upon which the government granted the war risk insurance here in question. In virtue of its power to raise and support armies, to provide and maintain a navy and to make rules for the government of land and naval forces, the Congress may require military service of adults and minors alike. ”

“ The power of the United States may be exerted to supersede parents' control and their right to have the services of minor sons who are wanted and fit for military service. [2] And the Congress may confer upon minors the privilege of serving in land or naval forces, authorize them to enlist, or draft them upon such terms as it may deem expedient and just. ”

“ The statute does not confer upon or leave with the parents any right to condition consent to their sons' enlistment. No act of Congress permits enlistment of minors upon condition or upon the qualified consent of parents nor does any act authorize recruiting officers to bind the United States to carry, or to require an enlisted man to carry, war risk insurance for his own protection or for the benefit of any person. It follows that defendant was not bound by the condition on which the trial court found that the parents consented to the enlistment of their minor son. ”