Evening capital news. (Boise, Idaho) 1901-1927, 1917-09-20
May APPEAL To.
FOR.
DRAFT ADVICE.
Provost Marshal Rules In
dividual Who Believes
Law Misinterpreted Can
Consult State Chief.
If Clear Board Wrong Re-
quest Can Be Made Case
Be Reopened- War De-
partment Directed to De-
cline to Discuss Cases.

For the first time since the draft law
became effective Provost Marshal
Crowder has ruled that governors of
states may be appealed to for advice.
Orders to that effect were received
Tuesday by Adjutant General Moody
and by him transmitted to county ex-
emption boards. f an individual be-
lieves local or district board has err
ronously interpreted the law he may
call the attention of the governor to
the case and II it Is clear a mistake
has been made the governor may ask
the case complained of.
Nothing which was not presented to
the district board win be considered
on appeal to the president. the provost
marshal rules The president, Hd-
jutant General Moody has been noti-
fled. has directed the war department
to decline TO discuss cases pending on
appeal or to entertain any communi-
cations, suggestions or additional evil
dence or statements concerning ap-
peals.
WHAT cRoWpER SAYS.
In making his new ruling giving the
governor power to request the re-
opening of cases, Provost Marshal
Crowder says:
TT would be practical impos-
sibility for any central administrative
authority to attempt to change the
decisions of local boards In the mil
lions Of cases that are before them.
Furthermore, the law and regulations
place the matter of discharge and ex-
emption, In all cases except those bas-
ed on engagement in Industry and
agriculture in the jurisdiction of local
and district boards. There is no
power in administrative authority to
interfere with these decisions in par
ticular cases. To 50 interfere would
be subversive OF the letter and spirit of
the selectfve service law and the regu-
iations Of the president prescribed
hereunder. Ii local boards have made
mistakes in individual cases resulting
in hardship there is an appeal to the
district board. Also both local boards
and district boards may reopen cases
in which they are in error up to the
time the claimant Is actually ordered
| into military service. IL a local OF
district board is in doubt as to a. par
ticular case 1t may apply to the gov
ernor of the state for information con-
cerning the meaning of the law and If
the governor cannot answer the ques-
ton from Information at hand, he will
request instructions from Washing
ton.
An individual who believes that a
local or district board has enormously
interpreted the law may call the at
| tention of the governor Of his state
! to the case. Where IL Is clear that the
decision of the board is in error the
| governor may inform the board of the
law and request 1t to reopen the case,
| BY these means it is thought that a
substantially uniform execution OF the
States and that the few cAses of in
dividual hardships resulting from un-
uniform or unlawful decisions Of the
various boards may be corrected.
Further than this 1t is administrat-
lively impracticable to go. If any of
the millions of individual cases with
in the original jurisdiction of local
boards are to be considered in Wash
ington then all ought to be open to
consideration. This is manifestly i'm
possible Therefore administrative au-
thority here cannot and will not ad-
dress itself to particular cases within
the jurisdiction of local boards. The
president. therefore, has directed the
war department to decline to discuss
cases pending before local or district
boards or to entertain any communt-
cations, suggestion, OF statement con-
corning them"