New-York tribune., 1917-08-14
First Three Draft
Appeals Are Denied
By District Board
Nations Interests Above
individuals, Says Chair
man Hughes

pealS from the QeClsloHo VI
boards in denying draft exemptions
considered three cases at its hrst lor-
NAL session yesterday and denied all
three. In opening the session Chair-
man Hughes made 1t plain that those
seeking TO escape service on various
industrial claims will receive no SYM
pathv from the District Board, unless
their claims ere meritorious beyond
all question.
eve. the district boards, will be in
trusted with the solution OF one OF
the most vital problems OF the war,
said Mr.. Hughes, after reading a list
of instructions from Provost Marshal
General Crowder. 1.-TWO things are to
be accomplished-to raise armies, to
maintain industries.
Interests of Nation Are First
"As the war proceeds more and more
men will be required for battle. IL Is
the interest of the nation solely that
must be subserved. The interest OF
the individual or associations of indi-
viduals cannot be considered except
where such interests coincide with the
interests Of the nation.
There may be cases where questions
of private loss or hardship, rather than
national necessity, are presented. Such
cases are without the power of this dis
trict board and it is only necessary TO
ask: Is this case so far within the ma
tional necessity that this man should
be relieved from service and another
substituted in his place ?"
The cases considered were those re-
ported back to the board by the sub
committee headed By Justice G. l.. In
graham Two were claims for indus
trial exemption and the third was that
of Girsch Sarchen, of 1449 Boston Road,
a Russian who has taken out his first
papers but who said he wanted 10 re-
turn to fight in the Russian army. The
decision of the subcommittee that he
must serve in the National Army was
upheld by the board.
The board held that the work Of
Frederick w. Barth, superintendent Of
the Hudford Company, at 100 Broad
way, a concern which transforms pleas
ure automobiles into motor trucks, now
doing work for the government, was
of such nature that his place could be
filed by another man on a few hours
notice.
The third claimant was David G..
Hiergesell, a manufacturer Of ther-
mometers and other scientific and med
ical glass instruments. The board de-
cided there we're enough other con-
Germs making the same products and
that Hiergesell's employees could easily
obtain work with some Of them. No
tees of the boards decisions were
mailed to the men last night.
Method Of Filing Appeals
"There seems to be a misapprehen-
sion on the part of the public in re-
gard to the method OF filing appeals"
said Mr.. Hughes. "Many persons seem
to think that as soon as they have
been physically examined they should
rush here without waiting for the ac-
tion of the local boards. Others fab
TO file notice of appeal with the local
board. so that they may forward US the
records in the case. AS q result we
have the afidayits in many cases and
not the certificates from the local
boards"
Hundreds of men stood in line In
room 329 throughout the day to file
their appeals. Some brought their aged
fathers, others their wives and sisters,
and a few came with interpreters.
Many did not understand that no oral
arguments are permitted before the
board and that everything must be
submitted in affidavit form.
One of these was Isidor Bratspus, Of
260 South First Street, Brooklyn, an
Austrian who has been in this country
four years, but who has not taken out
his first papers. He said he had been
certified for service without having
been called for an examination. The
mailed notice, he said, had never
reached him.
Five Vacancies on Board
The five vacancies on the board have
not been filled, but an effort is being
made to have special legislation passed
at Albany enabling Edwin L. Garvin,
Charles f. Simms, John Dalton and
Samuel II. Evins to serve. This will
leave only one vacancy, that caused by
the resignation of Nathan Straus on
account of illness.
A meeting of all the district boards
in the state will be held in the rooms OF
the Bar Association. at AZ West Forty
fourth street, at 2 o'clock Thursday af-
ternoon, to bring about unity OF ac-
tion on industrial claims and appeals.
The meeting was called by Mr.. Hughes
at the request Of the provost marshal
general through Adjutsnt General
Stotesbury.
The first exemption case taken to the
courts is that of Robert Rebstein, who
claims that he registered through
misapprehension and is over conscrip-
tion age. He obtained an order. return
able before Judge Hand, in the United
States District Court, at 10 o'clock
Thursday morning, directing the chair
man of Local Board 155, at Lexington
Avenue and Ninety-sixth Street, to
show cause why Rebstein's name should
not be taken Off the registration list.
Deputy Attorney General Conkling
called attention to the fact that the
claims of such persons not eligible 10
draft. but registered through error or
fraud, should be forwarded, with proof,
directly to the adjutant general, in
stead OF being taken to the courts.