Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-09-24
CHARACTER OF APPEALS
FOR DISSATISFIED MEN
Instructions Outline Those Cases
Which May Be Taken to
President.
REGULATIONS ARE CLEAR-CUT
Executive Has Right to Modify De-
,cisionS OF District Boards, While
Governor Has Authority to Act to
Avoid Any Errors Through Law.

appealS ulloWed 10 De taken 10 the fIeS-
dent by men who are dissatisfied with
the disposition of their cases by thnir
district exemption board are set forth
! in an order from the War Department.
sent to Adjutant General Sale, and by
him transmitted to all local and district
boards. In addition to this course Con-
eral Sale has taken steps to give these
regulations the widest possible pub
LEFTY.
The order follows:
al. Appeals to the President. Only
statements or evidence submitted to
district boards to be considered on ap-
peal. Communications from other
sources concerning pending cases to be
declined and discussion concerning
them forbidden.
PRESIDENT MAY MODIFY
DISTRICT BOARDS DECISION
Claims for exemption or discharge
on the ground of engagement in indus
try and agriculture are within the orig
inal jurisdiction OF the district boards.
Decision OF the district boards Is final
except that the President may affirm,
modify or reverse decision in accord
ance with regulations prescribed by
him. The regulations prescribed by the
President provide for claims, but the
claim for appeal must be filed with the
district board. who will send all evil
dcnce and other matter considered in
the case to the President for his con-
sideration. If after the decision of the
district board it is desired to submit
new matter the district board may re-
open the case. consider such new mat
ter and. If 1t adheres to It's original
decision, forward such new matter to
the President. Matter not presented to
the district boards cannot he consid-
cred on appeal to the President.
While the district boards are not
courts, their function in passing on
claims, and the function of the Presi-
dent in examining their decisions is
Quasijudicial. Since the general rules
must be that nothing, which was not pro-
sented to the district board. can be
considered on appeal to tho President.
IL would be subversive OF the spirit
or the law and violate of the judicial
junction that Is being executed. to
make exceptions in Individual cases
and receive suggestions, urcinEs or
from individuals concerninr
particular cases pending here on ap-
peal. The President. therefore. has
directed the War Department to decline
10 discuss cases pending on appeal or
10 entertain any communications. suE-
sesions or additional evidence or
concerning them.
NO appeal to the President, except
sasement In agriculture or industry
authority in washing
ton forbidden to address itself to mar
ticularl cases within the Jurisdiction of
local boards.
no APPEAL TO PRESIDENT
FROM LOCAL BOARDS
exemptions and discharges from
draft on all grounds except engage
n,eh's In industry and agriculture are
placed within the Jurisdiction Of local
Doarts. From the decision of local
boards in these cases there is a right
or appeal to the district board. whose
decision on the appeal is final Thor.
is no appeal from the decision Of
iocai board to the President, nor 10
mere any appeal TO the Presidcn, from
the decision OF the district board on
case appealed to q district board from
a local board
The only cases in which there /. a
right OF appeal to the President ar.
cases OF claims for exemptjon nv dc
charge based upon engagement in in
dustry or agriculture.
~ would be practical impossibilitv
lor any central administrative autbor
NY to attempt to scan the decisions ne
local boards in the millions OF cos.a
that arc before them. Furthermore
"a" and regulations place the matter of
QPG
except those based on engagement IN
industry or agriculture in the jurisdjc-
non OF local and district boards. Ther.
is no power In illustrative author-
lty to interfere with these decisions In
particular cases. To SO interfere
would be subversive Of the letter ANA
spirit to the selective draft law and
tnc regulations Of the President, pre-
scrlned Hereunder. If local board.
nave made mistakes in individual cases
resulting In hardship. there is an aDpeal
to the district board
Also both local and district boards
may reopen cases in which they are IN
error up to the time the claimant ia
actually ordered into military service.
u local or district board is in doubt
AS to particular case II may apply
I" the Governor Of the State for infor-
nation concerning the meaning Of tho
law, and III the Governor cannot answer
the question from information at hand,
ne VIII request instructions from
Washington
AN individual who believes that n
iocai or district board has enormously
interpreted the law may call the atten-
ton OF the Governor of his State tn the
case Where 1t Is clear that the de-
c'sion OF the board is In error the Gov
ernor may inform the board Of the law
ana request 1t to reopen the case. BY
tnese means 1t is thought that "A sub
stantially uniform execution of the
law can be had throughout the United
states and that the few cases Of in
d'vidua1 hardship resulting from uni
FORM or unlawful decisions Of tho
various boards may be corrected.
Further than this II is administra-
'iVeiy impracticable to go. II any Of
me millions Of individual cases within
me original Jurisdiction OF local boards
are to be considered In Washington.
men all ought to he open to considera-
non mere This is manifestly impos-
Sihi" Therefore, administrative au-
thority here cannot and will not adj
nrcss itself to particular cases within
me jurisdiction Of local boards The
resident. therefore, has directed the
war Department to. decline to discuss
cases pending before local or district
boards or to entertain any communica-
lions. suggestions or statements con-
corning them.
(Signed) "CROwDER"
-----------------