The sun., 1917-08-30
ILLEGAL FOR CITY
TOPAY SOLDIERS
State Law Providing for Mu-
nicipal Employees in Army
Challenged.
$50 DENIED EXEMPTION
Nightshirt Inspector Not En-
empt-District Board
Speeds Up.

The State law by which cit, employ ees
entering the army or navy receive the
differences between their service pay and
that which they would receive II In their
old positions was challenged as uncou-
stitutional at yesterdays meeting Of the
district board which passes upon ali ap-
pealed military exemption claims. The
discovery that the statute Is faulty was
made by Meier Steinbrink and con-
CURED in by legal lights of no less fame
than Edgar NJ. Cullen, former Chief Jus
tice OF the Court OF Appeals, and George
L. Ingraham. former Justice Of the Su-
preme Court.
In view OF the opinions expressed by
these men that the law might not stand
. court test. the other board members.
with Charles +. Hughes presiding.
unanimously voted to uphold the right
Of city employees to seek exemption for
martial dependency. Their right to do
20 had been questioned earlier because
of the statement that the city employees
would lose nothing financially by enter
ing the army.
Far Fetched Claims.
II was also announced that exemptions
on the ground Of industrial indispensa-
bility will not be granted TO relief work.
ers Of the Young Mems Christian Assoc
citation or similar organizations The
board had referred to the Provost Mar
ahal General the case Of Carlton o.
Miller, who was to be sent 10 Paris
by the Y. NJ. c. A. to supervise the ex-
penditure Of S2,OOO.O00 In war relief
work. Although 1t was stated that
Miller is highly proficient In the kind OF
work for which he was wanted. the
Provost Marshal Generals office replied
yesterday that the appeal must be denied
and Miller compelled to report for SER
vice in the national army.
The right Of employees of electric
lighting companies to exemption was
denied. Louis Marshall recommended
the rejection Of the appeal of an en-
ployee Of the Edison Electrical Illumi-
mating Company, who stated that his
concern supplies other concerns which
serve the Government. Claims OF this
nature are too far fetched Mr. Mar
shall said.
Mr. Hughes instructed the board mem
bers to exercise the greatest care in ex-
amining Industrial applications filed by
employees Of certain large airplane
plants. radio concerns and other estab-
iishments connected directly with the
military necessities Of the nation, as he
said that It Is of paramount Importance
that these industries be not hampered
In any way.
POliceman's Case Precedent.
II was an appeal nled by Patrolman
James A. Donohue OF 219 Macon street.
Brooklyn. that brought up the discussion
as to the law for compensation Of en-
listed or drafted city employees
Donohue has been married for year
~ holP al hor
old ane sister who is a paralytic. 1t
was first thought that he should go TO
war, as he would receive the difference
between his army and city pay from the
Police Department Mr.. Steinbrnk. how
ever, pointed out that the act Of the
State Legislature in holding that the
city must pay salaries Of enlisted men
is contrary to the statute which forbids
the municipality to pay out money ex-
cepting for services. When a man Is
serving the Federal Government. he de-
c'ared, he coulc not be construed as en-
titled to this pay. and he expressed the
opinion that compliance with the Legis-
latures ruling would be tantamount TO
unauthorized expenditure of public
funds.
After a lengthy discussion the board
members unanimously upheld Mr.. Stein
Drinks contention ano voted to exempt
the policeman.
Dispose Of $50 Gases.
During the long days session $50
cases were disposed Of. $50 claims for
exemption being refused and $50 al
lowed. A large number were held up for
further consideration.
Among those rejected was the appeal
Of Lawrence Rosenberg who calls him
self ian inspector Of nightshirts that are
being made for the United States Gov
ernment." Senator Agnew. who reported
upon this case. said 1T does not appear
that this man Is Indispensable to the ma
tional welfare In his present position
most Of us wear pajamas. anyway"
Hereafter the board will hold regular
meetings for voting on exemption claims
daily. except on Saturdays and SUNDAY
at p. NJ. At other hours during week
days Edwin L. Garvin. secretary OF the
board, will be on duty In the offices ir
the Federal Building to receive appea
notices and proofs
Reports from eight local boards on
yesterdays or hitherto unrecorded work
are summarized AZ follows:
Examined, 567.
Qualified. 3S6, or 6s per cent
Qualified and apparently accepted laO
or 81 per cent.
Summary for all work reported b,
the boards to date:
Examined. 132,735
Qualified, ss.o26, or nearly 81 per cent
Qualified and apparently accepted
32,031. or "a per cent
Quota for New York city, 3S62l
Some local boards have qualified NOR,
fhav, thrtr Vtet- II.