Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-13
ALIENS SUBJECT
TO ARMY'S CALL
Judge Dickinson Rules Mill
tary Supreme in Certify
ing Them for Draft
AN IMPORTANT DECISION
Test Case Result of Appeals
Made by Five Russians and
Two Italians


Federal courts have no jurisdiction to re-
view revisions by draft boards certlfying
nliens for military service, according to AT
opinion handed down today by Judge Dick
ineon, OF the United States District Court
The decision Of Judge Dickinson which
establishes court precedent in such cases
was In the form Of n refusal to allow wrts
Of habeas corpus. intended to obtain the
release OF seven drafted aliens from the
National Army.
The decision Is of far-reaching import
ance and Il was awaited eagerly by hun
dreds of aliens who have been drafted
The cases were brought by five Russians
and two Italians BY implication the select
i've service act excludes aliens who have not
filed their first citizenship papers. This
was the basis for all the claims.
The two Italian petitions brought forth
a stronger point than the Russians in the
fact that there is q treaty existing between
the United States and Ita'Y which provided
that neither country could force compulsory
military service upon subjects Of the other.
In holding that the military authorities
are supreme in the determination OF eli
gibles for service in war times, Judge
Dickinson declares that the fact Of the
treaty does not affect the question
Francis Rawle presented the cases Of the
two Italians, and while emphatically stat
ing that they were not "slackers,' but
wanted their discharge from the National
Army to Join the colors OF Italy. declared
that they were entitled TO their release
under the treaty
John Landberg counsel for the five Rus
cian aliens, contended they were not liable
for military service because they had not
hled their first naturalization papers.
JUDGE DICKINSoN's RULING
In rendering his decision in the cases
Judge Dickinson, in a written opinion, says
In part:
"The technical question raised is whether
q writ of habeRs corpus should, OF right
Issue. The real question is when and how
far the courts should invade the domain of
military authority This country has been
found and adjudged to be in a state of war.
The national defense Is an absolute neces-
: sity OF our existence. The people Of the
United States have prepared themselves
for such situation by conhding to Con-
gress the power to declare war and to sup
port and maintain armies for the national
defense. This is necessarily master power
70 be exercised without the hamperiRg in
Reference Of any one
THE call of men to the colors is within,
and necessarily within, the exercise of this
power To whom the call goes out and who
is to make an answering response are
matters germane and indeed necessarily in
volved In the exercise of the war-making
powers. Questions which necessarily arise
or may be expected to arise must be de-
termined in some way and by some tribunal
The war-msking power may, therefore, pro-
vide the required system and constitute the
needed tribunals.
MILITARY TRIBUNALS NECESSARY
1T is not only lawful but fitting, that
they should be military tribunals. Con-
gress has constituted such tribunals for the
war in which our people are now engaged
The lawful and Independent jurisdict or
which belongs to other tribunals belongs tC
them. To this jurisdiction all must submit
and all who are well disposed TO our coun-
try will willingly submit.
y Upon whom Of those within the pre-
scribed age limits who have registered the
duty of military service has been imposed
because of their being citizens, or denizens
who have declared their intention to be-
come citizens who are to be excluded from
the privilege of service because alien enc
mics; who are exempt from service because
of the existence of any of the prescribed
reasons for exemption; who are ill-fitted
FOR the performance of military service, and
who have responsibilities and duties else
where so imperative and urgent as TO pre-
vent active military service, are all matters
OF which these tribunals have jurisdiction.
They indeed constitute in an emphatic sense
the subject matter of that jurisdiction"
500 MEN TO LEAVE TOMORROW
Five hundred additional selected men, to
hl up the vacancies caused by physical
rejections and incomplete contingents from
the various local draft districts at Camp
Meade, Will report At preliminary rollcails
tonight, preparatory 10 leaving tomorrow
morning.
Draft Districts Nos /. 3, 5, 6, 8, 9, 90,
n, 49, 40, AZ and 46 are sending details
containing anywhere from / to 100 or more.
One of the largest parties goes from the
First District, numbering seventy-five, led
by Sam Greenberg. The citizens Of that
section are arranging parade Of forty au-
tomobiles, headed by a band.
Mobilization OF the negroes long since
certified for military service, but held back
by orders from the Provost Marshal Cen
erals ofice is pinned by the Sixth Dis
trict Draft Board, having jurisdiction over
the Sixth, Seventh and Eighth Wards. with
headquarters at the police station at Twelfth
and Pine streets. The board has called
out these men for Tuesday night, and will
require them to report each week there
after until they are sent to Camp Meade.
George w. Long, for that board, said to-
day that they feared they would find that
many negroes had left the district, as they
had got tired waiting around for so long
awaiting the call to entran The board
does not want TO be caught empty handed
when the call to move the negroes does
come. which Mr.. Long expected would be
IN about two weeks although he said no
Official notification had as yet come from
Harrisburg.