The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-08-15
THREE ARE BA|LfO
ON EXEMPTION CHARGE
Otto f. Franck, His Wife and Broth
er-fn-Law, Patrolmnn j. j. Smith,
Alleged to Have Made False
Oaths.
WIFE HAS OTHER INCOME
THAN HUSBANDS WAGE
Mrs. Franck Declared to Be Recipient
OF Considerable Income From
Estate In Which She Inherited Half
Interest.

AS result of his filing an alleged
false claim for exemption from mill
tary service in the national army,
which claim was yesterday disap-
proved by the exemption board of his
division, No. .. Otto F.. Franck. thirty
years old, of POPS West Grace street,
was yesterday certified to the board
for the Eastern district of the state
by the local board as being ready for
service in the new military forces of
the country. Franck, on warrant
sworn out by the United States mar
shall here at the instance of Chair
man H. w Ellerson. of Division No.
2, was yesterday before the United
States commissioner. with his wife
and brother in law, on charge of
attempting to evade the provisions of
the draft law. At that time the cases
were continued until August 81.
Has Right to Appeal.
According to the law, five days after
a man is certified to the district board
as subject to military service, the in
dividual becomes a part of the mill
tary forces of the country. Conse-
quently on next Monday. August 20.
still. however. has under the law. a
right to appeal from the decision of
the local board in disappearing his
claim for exemption, but it was stated
last night that 1t is not believed that
the appellate board would consider
any action taken by the man to have
the decision of the local board re-
versed, since the latter has brought
the claims Of the man. which they be-
lieve false. to the attention OF the gov
eminent
Franck, with his wife. Mrs. Laura
Miller Franck, and his brother in law.
Patrolman j. J. Smith. who resides
at 719 West Marshall street. we're yes
terday morning served with warrants
by the United States marshal. J. G.
Saunders. in which the trio were
charged with "unlawfully and felon-
iously making a statement upon their
oaths before one J. A. Purdie. notary
public. at Richmond. Va. as to the
fitness or liability of the said Otto E
Franck for service under provisions
of the act of congress for the purpose
OF aiding the said Otto f. F'ranck to
evade the requirements OF said act of
congress and the regulations pro-
mulgated thereto"
Included In First Call
Franck was included in the first
call for men sent out from Division
No. 2. standing within the first ten
men on the list He was passed by
the examining physicians and i'm
mediately filed claim for exemption
on the ground that he was the sole
support of his wife Mrs. Laura Mil
Ter Franck. Mrs. Frarck fled an af-
fidavit in support of this claim, which
was sworn to by a notary, and like
action was taken by Patrolman Smith,
Franck's brotherin law. The exemp-
ton board. as it IL doing In all cases,
investigated the claims made by the
three people. and when it was indi-
Gated by developments that they were
without foundation. II brought its
evidence to the attention of the United
States marshal, who Immediately is
sued warrants for the arrest of the
persons.
Derive Good Income.
It is said that Mrs. Franck il part
owner OF especially valuable property
in the city. among IT being two stores
on East Broad street. Nos. los and
1o7, an apartment house on Grove
avenue. and several other houses. all
Of which are producing revenue. This
property, IL was stated. was left to
Mrs. Franck and n sister, BY their
mother, Mrs. Fannie Miller. who died
January 2, 1913, and according to
statements made by a real estate
agent handling accounts for Mrs.
Franck. the two daughters of the late
Mrs. Miller derive monthly incomes
from the property which are said to
be considerable,
Notwithstanding this. when Franck
made out his exemption papers. he
claimed that his wife was supported
solely by the income received from
his own labor to which Mrs. Franck
made q supporting affidavit. Patrol
man Smith. brother law OF
Franck. also executed an affidavit
swearing to the exemption claim made
by Franck. In this PAPER Smith is
mate knowledge and association with
the family" put him in position to
PASS on the correstness of the claim of
Franck 1t is held. however. that
if Smith had an intimate association
with the family, he would have known
| of the large holdings OF Mrs. Franck.
and that she was not dependent on
her husband
With F'ranck II is said to be posi-
tive that the district board will turn
deaf ear to any appeal he might
make to have the decision of the local
board reversed. and that he will enter
Immediately on service with the ma
tional army He will then be under
| military law. when the charge against
him may be tried. II not. it Is pro-
| vided that 1t be continued until he
returns from military service. II he
does, when he will be required to
answer before the United States court.