Evening journal., 1917-08-28
CR0WDER CLARIFIES
Defendants CLAIMS
Wife OF Husband Called Not
TO Work for Herself
and Children
INSTRUCTIONS TO
GOVERNOR T0WNSEND

Special TO THE EVENING JOURNAL
DOVER. Aug. 2S.-The following
Telegram was received yesterday by
Governor Townsend from General
Crowder relative 10 the exemp ion of
married men for military service.
Washington, Aug. "a.
Governor OF Delaware.
First.-A feeling has been express
Cd that, IN passing on claims for dis
charge on Inc ground OF dependents.
local boards ought. IN no case. 70 re-
fuse a discharge to a married man
or 10 the head OF q family The law
under (which the local board act re-
guires tDat before such a discharge
- granted dependency as well as re-
iallonshlp must be established. The
matter having been presen ed 10 tho
PRESIDENT tho following are his orders
thereon:
I'VE ought as far as practicable 10
raise this new National Army with
out creating the hardships neces-
sarily entailed when the head OF a
family is taken. and I hope that for
the most part those accepted IN the
nrst call would be found 10 be men
who have not yet assumed such rela-
tiOns."
The se'ectivo service law makes
the fact Of dependents rather than
the fact Of marriage the basis FOR
exemption, and there are, undoub'ed
~. many cases within the age limits
liked by law, OF men who are mar
fled and ye. whom accunuiafions or
other econom'c SURROUNDINGS are
such that no dependency OF the wife
exists IN fact Plainly the law does
not contemplate exemption for tbis
class OF men"
The regulations promulgated on June
80 1917, should be regarded ea con-
trolling IN these cases. and tho orders
issued under that regulation dlrsclinr
exemption boards TO establish tie fact
OF oependents In addition 10 the fact
OF marriage ought not TO be abrogated.
oeeond-Ihe attention OF This Office
has been invited "a the fact that. IN a
few instances. local boards have certl-
fed to district boards as held for mill
tary service men whose families are
actually dependent upon them for sup
port on the theory that tho wife is able
TO work and should be pun 10 the neces-
siay OF going 20 work TO support her
self and children.
This situation IS addressed I'm the fol-
lowing onlnion OF the district boards
Of New York City in which opinion
this o1lce concurs, with the under-
standing that the phrase support
available from relative" Is support par
tial or total previously extended TO tho
applicant himself. "Wo do not concur
in the view suggested IN some quar-
ters that In case OF wife and children
actually dependent on applicants labor
for support, and where there are no
other means OF support The wife should
be put 20 the necessity of going n
work % support herself and children
Bonafde dependency Of wife and chill
dren on labor applicants whore IN
his ebsence they will be left without
reasonably adequate support. after duly
taking into consideration soldiers wage
and support available from relatives.
as stated in the ruling Of the provost
marshal general is ground Of dis
charge"
This opinion clearly and adequately
expresses the intent OF the law In this
regard.
Third-Paragrapb "B" compiled
rulings OF this Office, No. g. addressed
a state Of affairs where the parents
or other relatives or the wife OF hus'
band are able. ready and willing ade-
Quately to support the wife and chill
dren. II any, during the absence Of
the husband. This ruling was resp0n-
sive TO a class OF cases that had been
brought to the attention OF this office
where claims OF discharge had been
made on the ground of dependency
on a husband, who, as a matter Of
fact, was not depended upon himself
The ruling directed the attention OF
the local boards to the fact that scru-
tiny Of cases Of this kind might dis
close that no discharge was available.
II was not intended that paragraph
''B" OF the compiled rulings should
apply TO the case Of the head OF a
family whose family. at the time OF
his summons and prior thereto. were
and had been mainly dependent upon
his labor for support.
Fourth-instance in which local
boards have been In error IN respect
OF these two classes OF cases are
rare. II was TO be expected that with
some 1900 local boards there would
be some un-uniformity Of decision in
this regard To provide against this
un-uniformity. section 27 OF the reg.
ulatlons provides for the automatic
appeal OF all dependency cases to the
district boards. District boards
should scan the decision OF the local
boards on questions Of dependency
and wherever It appears that such de
cisions are Illegal (as IN the two cases
just mentioned or otherwise) or where
these decisions seem to be so far un
uniform as 70 result In an unequal
operation OF the law, the district
boards should reverse or modify tn,
decision Of the local board.
CROWDER.