New-York tribune., 1917-12-20
Phillips, Ex-Columbia Stu
dent, Sought Exemption
as a Felon
His Name Will Go
On Certified List
100000 Questionnaires Is
sued Here; $50 Men Go
to Fort Totten

The claim OF Charles Francis Phil
lips. a former Columbia student, for
discharge from the obligation 20 serve
in the National Army on tho ground
that he is morally unfit was disa!-
lowed yesterday by members Of Local
Board lo9, with headquarters IN the
aiUseum Of Natural History.
Because OF his conviction last sum
rser Of conspiracy TO interfere with the
operation Of the sclec;iye service law
Phillips is q felon. and the ground OF
exemption-moral uuhtness-is held 10
include felons. lie used this tcchni-
cality in seeking a discharge.
With Owen Cattell. son of J. McKeeu
Cattell. dismissed Columbia professor,
and Eleanor Parker, a Barnard student.
who has since become young Phillips's
wife, Phillips was held for anti-draft
activities last May. Because Of his
youth, his sentence for conspiracy was
limited TO one cay. but he served four
additional days for failing TO register
Must Register Offenders
in announcing their decision, the
members Of the local board before
whom Phillips appeared, issued a state
ment explaining the case. Julius
Henry Cohen, secretary Of the Port
War Commission. is chairman OF the
local board, and Miles NJ Dawson aad
Dr. Frederick Brooks are his asso-
Ciates. The statement says:
ITO construe the exclusion Of those
found 20 be morally deficient 20 be
exempt IN this case wouiG involve the
monstrouS assumption that Congress
intended that srCh persons refusing 20
register should, upon conviction of con-
spiraey with others, effect the very
purpose for which they conspired. But
Section > provides instead that. upon
completion of sentence, the offender
shall thercupon be duly registered
This is also the Interpretation in Sec
tion 90 of the regulations that unless
he Is required by seiective service law
20 be exempted from military service.
he shall be immediatly inducted into
military service and sent TO a mobili-
zation camp
in filing his claim Phillips explained
that was only the technical reason why
he should be discharged. The moral"
reason was that he was a conscientiou,
obJector 20 war. Phillips said that
since he belonged 10 no religious OF
ganization which opposed war he was
afraid that the latter claim would not
come within the regulations.
Conscientious Plea Denied
Regarding the conscientious obiector
plea, which was also turned down, the
board said:
Tine law recognizes no such ground
for exemption. IL 10 were so. the right
OF a nation TO require the loyal service
OF those who claim its protection would
be lost. The unworthy citizen who re-
sists the call of mis- country is disloyal.
no matter upon what ground he asserts
his unwillingness that his country
should decide the issue Of war or peace
This applicant has rewarded his
country for its consideration of his
youth, his respected father and his
valiant brother. already al the front,
by the dishonOrable course of seeking
to turn that very consideration by the
court, which imposed a prison sentence
OF but one day, into "A loOphole 10 cs-
cape performing his duty, an act upon
his part which sheds great light upon
the processes of mind by which he ar
rives at his strong conscientious, rclig-
ious convictions
Phillips will be placed on the eligible
list as soon as the district board GER
titles him back lie has the privilege
of appealing his case to the higher
board. If possible, the board will use
Phillips, it is said, as part Of the last
10 per cent OF its quota for the first
draft. Phillips now resides at l03
Third Avenue.
100000 Questionnaires Issued
All Of the lS9 local boards Of the
city were busily engaged yesterday in
the work OF classifying registrauts uu-
der the new QuestionuaIre system.
Since last Saturday l0S.O0O question
naires have been sent out Under new
instructions from the Adjutant General
the local boards will prepare to eN-
anime physically as soon as possible
an registrants who have been finally
placed I'm Class J.
According TO draf. officials. man
will be held 90 be finally classified as
soon as he valves appeal from the de
cision of the local board or as soon as
his appeal, II any, is acted on by the
district board. In acting on appeals
the district board is instructed TO give
precedence 20 Glass ] cases. Accord
ing 20 tentative plans. the district board
will sit for the first time on question
naire cases on January 3.
Draft officials here mad their first op-