The daily banner. (Cambridge, Md.) 1897-2008, 1917-09-19
NO EXEMPTION BY PULL"
GOVERNORS ARE TOLD
Wilson Advises Them That Only
Evidence Already Before District
Bodies Will he Heard-I SeIrsS TO
Appeal To President.

of States today that in hearing
claims for exemption coming up
from the district boards he would
consider only evidence already sub
mitted to the boards and nothing
else unless the boards recommend it.
| The effect of the Presidents action
is absolutely 10 shut out all appeals
of Il political nature, or those which
imay be brought by interested friends
with pull and to confine conSidera-
ticn of the cases to the evidence.
General Crowder. Provost Marshal
made public the regulation prOmul-
gated by the President governing eX-
emptionS of those engaged in indus
try and agriculture, as we'll as the
character of evidence to be presented
to appeal boards.
The statement sent to the Govern
orS for the information of the district
lappeal boards is:
taD Only statements or evidence
iSubmltted to district boards to be
considered on appeal. COmmunica-
tions from other sources concerning
| pending cases to be declined and dis
lcussion concerning them forbidden.
Claims for exemption or discharge
on the ground of engagement in in
original jurisdiction of the district
| boards. Decision of the district
boards is final, except that the Presi-
dent may affirm, modify or reverse
such decision in accordance with
| regulations prescribed by him. The
regulations prescribed by the Presi-
dent provide for appeal from the de
| cision of the district board on agri-
cultural and industrial claims, but
the claim for appeal must be filed
| with the district board who Will send
! all evidence and other matter con
sidered in the case to the president
for his consideration. If, after the
decision of the district board, it is
| desired to submit new matter, the
| district board may reopen the case,
| consider such new matter, and, if ii
adhereS to its original decision, tod
| ward such new matter to the PreSi-
| dent Matter not presented to the
district boards cannot be considered
on appeal TO the President
! While district boards are not
IcOurts, their function in passing on
| claims, ana the function of the PreSi-
! dent in examining their decisions. is
| quaSl-j judicial. Since the general
| rule mus oe that nothing which was
| not pres ed 20 the district board
can be considered, on appeal 10 the
| President. il would be SubyerSiNe of
| the spirit of the law and VlolatiVe Of
| the Judicial function that Is being
| executed, to make exceptions III lndi
| Nldual cases and receive suggestions,
| urgingS or statements from lndiNid
| ualS concerning particular cases
pending here on appeal
| The President, therefore, has Ill
rected the War Department to de
cline TO discuss cases pending on ap~
| peal. OF TO entertain any cOmmunlca-
| tons. suggestions or additional e:i-
| dence or statements concerning them
| No appeal 10 the President, except
| in claims of discharge based on en-
| gagement IN agriculture or industry.
| Administrative authority in Wash
| lngton forbidden to address itself to
! particular cases within the jurisdic-
| tion of local boards
| Exemptions .ud discharges from
! draft uu ae grounds except engage
| menf IN industry aud agriculture are
| placed within the luIisdiction of 10
| cal boards. From the decision of To-
| cal boards in these cases there is
right OF appeal to the district board,
| whose decision on the appeal is final.
| There is no appeal from the decision
of local board to the President nor
| is there any appeal to the President
| from the decision of the district
board on case appealed to a district
board from d local board.
The only cases in which there is
right of appeal TO the President are
| cases of claims for exemption or dis
charge based upon engagement in in
dustry or agriculture.
1t would be virtually impossible
for any central administrative au-
thority to attempt to sean the deci-
sions of local boards in the millions
of cases that are before them. Fur
thermore, the law and regulations
place the matter of discharge and
exemption, in all cases except those
based on engagement in industry and
agriculture, in the Jurisdiction OF To-
cal and district boards.
There is no power in administra-
tive authority to interfere with these
decisions in particular cases. To so
interfere would be subyersive of the
letter and spirit of the selective ser
vice law and the regulations of the
President prescribed Hereunder If
local boards have made mistakes in
individual cases resulting in hard
ships there is an appeal to the dis
trict board.
Also both local and district boards
may reopen cases in which they are
in error up to the time the cIaiment
is actually ordered into military ser
vice. If the local or district board
Is IN doubt as to particular case, it
~. NlY-t
State for information concerning the
meaning of the law and if the Gov
ernor cannot answer the question
from information at hand, he will
request instructions from Washing
ton.
An individual who believes that a
local or district board has erroneous
ly interpreted the law, may call the
attention of the Governor of his
State to the case. Where it is clear
that the decision of the board is in
error, the Governor may inform the
board of the law and request it to
reopen the case. BY these means it
is thought that d substantially uni
form execution of the law be had
throughout the United States and
that the few cases of individual hard
ship resulting from un-uniform or
unlawful decisions of the various
boards may be corrected.
Further than this, it is administra-
lively impracticable to go. II any
of the millions CT individual cases
within the original jurisdiction of
local boards are to be considered in
Washington, then all ought to be op-
en- to consideration here. This is
manifeStly impossible. Therefore.
administrative authority here cannot
and will not address itself to particu-
lar cases within the jurisdiction of
local boards. The President, there
fore, has directed the War Depart
ment to decline to discuss cases pend
ing before local or district boards,
| or to entertain any communication,
suggestions or statements concerning
them.
TOO LATE TO CLASSIFY.