The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-09-20
MAJOR WALLACE ISSUES ORDERS;
LIMIT PRESIDENTIAL APPEALS
Special Dispatch to ID. in..l,ir-ncer.

Special Dispatch 10 the inisliiIrncer.
CHARLESTON. w. Va. Sept: 10
= l Uniting appeals Of draft cases 70 thu
president. Major George S. Wallace.
Judge advocate general. West Virginia
military department. has ISSUED the
following orders 70 the district and local
draft boards:
To District and Local Boards. City ami
Prosecuting attorneys and the press
OF the state:
Your attention is directed to the FOL
lowing regulations OF the president:
On appeals 20 the president only
statements or evidence submitted u
district boards arc 10 be considered
Communications from other sources.
concerning pending cases. are to be d.
clined and discussing them is forbidden
Claims for exemption or discharge on
the grounds OF engagements in indus
try and agriculture are within the oriS-
inal Jurisdiction CT the district boards
Decision Of the district board is final
Nm these cases. except that the pres
dent may affirm. modify or reverse
such decision in accordance with the
regulations prescribed by him or resu
lattons prescribed by the president pro
riding for appeal from tho decision Or
the district board on agriculture AMI
industry claim. hut the claim for an-
peal must be filed with the distri I
board who Will send all evidence and
other matter considered in the case ~
the president for his consideration. H.
after the decision Of tho district board.
it is desired to submit new matter, the
district board may reopen the case.
consider such new matter and. II 1t ad-
heres to the original decision. forward
such matter to the president. Matte
rsSt presented to the district board cnn-
not be considered on appea to tn
president.
While district boards are not courts.
their function in passing on claims and
the function OF the president In exam
lining their decisions Is quasi judicial.
Since the general rule must De that
nothing which Is not presented to the
district boards can be considered on
appeal TO the president. it would b.
subversive Of tbs spirit of the law and
violatire Of tho judicial function thu:
is being executed to make exceptions
in individual caHes and receive sugGcs-
tions. urgings or statements from indl.
viduals concerning particular cases
pending on appeal or to entertain any
communication. suggestion or additional!
evidence or statement concerning them.
No appeal to the president except In
claims Of discharge based on engage
ment in agriculture or industry. Al
r1tniStratiye authority in Washington
forbidden to address Itself to particular
cases within the jurisdiction OF local
boards
Exemptions AMI discharges from draft
on all grounds. except engagements III
industry and agriculture. are placed
within the jurisdiction Of local boards.
and from tho decision Of local boards
In these cases there Is 4 right Of appeal
TO tho district board. whose decision
on the appeal is final. There Is no
appeals from the decision Of the local
board to the president: nor is there any
sppeal to the president from the deci-
sion Of the district board on case OF
appeal to the district board from local
.Seard.
The only cases In which there Is
right Of appeal to tho president ara
cases Of claims for exemption or dis
charge based upon cases OF industry
or agriculture. 1t will be practical
impossibility for any central admins
trative authority to attempt to scan the
decisions Of local boards in the millions
OF cases that are before them. Fur
thernore. the Law and regulations places
the matter Of discharge and exemption
In all cases. except those based on en-
sagement in industry and agriculture.
within the Jurisdiction OF local and
district boards. There Is no power IN
the administrative authority to inter-
fere with these decisions in particular
cases. TO so interfere would be sub
versive of the letter and spirit OF the
seActive service law and the reGula-
tons Of the president prescribed there
under.
II local boards have made mistakes
In individual cases resulting in hard
shios, there is an appeal TO the distric:
hoard: also both local and dtstrife
boards may reopen cases in which there
is any error UP to the time the claim
ant Is actually ordered into military
service. II local or district board IS
in doubt as to g. particular case, 1t
NAV apply to this office for intorTa-
tfon concerning the meaning or the
law. 49,,
An individual who feels that loea.
or district board has enormously inter
preted the law may call the attention
Of the governor Of this state to the
case. Where It is clear that the dect-
sion OF the boar1 'is in error. the gov
ernor may inform the board OF the law
requesting it to reopen the case ana nE
this means It. Is thought that sub
tAnttally uniform execution OF the law
.an Do had throughout the Cnite1