Elko independent. [volume] (Elko, Nev.) 1915-current, 1917-09-18

OF September 13, 1917, propounds sew
eral inquiries which, in view of the
fact that they alluded to the Office
OF United States district attorney for
this district. call for some response or
explanation from me. which I am glad
to afford.
The queries are substantially as fol.
lows:
l. II would like to know what has
become vi the 200 mcr who were call.
ed, but failed to appear for exau ina.
ton, dn' what effort "a being made by
the auth rites to bring these neI to
justice"
2. WY has the United States dis.
trict attorneys Office allowed this mat.
ter to lapce? Why have they not
worked in conjunction with the local
officers in bringing these evaders of
the draft law to justice?"
3. why has not the district attor-
ney used the influence of his office to
bear upon the government officials in
Washington to secure funds TO assist
the local authorities in experimenting
those failing to APPEAR"
A General Misunderstanding
fully appreciate the interest OF Mr.
Ruess in this matter, and the natural
resentment he should feel toward this
office il the information upon which
he relies was accurate, and | might
say in this connection he has fallen
into the common errors that the appre.
hension OF deserters. lawbreakers and
evaders OF the law Is a function of the
district attorneys office. II is a mis-.
apprehension OF the duties of the Office
entertained by many. and, consequent.
ly, | am not surprised at the com.
plants made in his letter.
Before answering the matters com.
planned OF, l might say, at the outset.
that the apprehension OF offenders
against the federal law is delegated
specifically to a branch of the depart
ment OF justice, known as the bureau
of investigation. the various members
OF the force or department being
know. as special agents" Likewise,
all police and other local officers have
a similar power, and, naturally, work
in cooperation with til, federal OFF.
GERS.
W.ICu an arrest has been made, or
information is received of crime hav.
ing been committed. il is then the
duty of the United States attorney to
prepare rhe necessary papers for the
Apprehension of the person complained
of aBu TO conduct the prosecution.
In this particular matter of seeking
the men who have failed to appear for
examination under the provisions of
IT,, selective draft act, there Is no law
or regulation, or any advice whatso.
ever from the encouragement of the
United States the war department, or
any OF the other authorities imposing
any duties whatsoever upon United
States attorneys; except, of course, in
the prosecution OF those who have
been apprehended for violation Of fed.
eral laws.
Under the instructions OF the local
board. and under regulations OF til"
department of justice, list of those
failing to appear should be turned over
to the agents OF the bureau of invcs.
| tigation of the department of justice.
The agent.in.charge OF this district,
has his headquarters at San Francisco
and in view OF the fact that there was
no agent detailed to Nevada, these
lists were sent to my office.
instructions to Agents
What are the instructions to the
various special agents of the bureau OF
investigators mot the United States
attorneys ofIicc) upon receiving the
lists?
will quote from n circular from th,
department OF justice, dated August "a
1917. addressed to these special
agents, which, in that connection
reads as follows:
THE department desires that you
lend every possible assistance In To-
eating such persons for the local
boards and suggests the following pro
cedure: Turn over to the chief oil
police a list OF such persons as arc
certified to you by the local boards
as haviRs been sent notices and hay
ing failed to comply Herewith, re-
uuesting him to apportion IL among
his force, giving to each the persons
whose addresses are in his respec
tive beat. Ask the chief of police 10
make report to YOU OF the results
OF his Investigations. After this is
done, the remnant still not located
should be given your special attention
in an endeayor to And them. This Will
enable you TO lend valuable assistance
20 the local board without taking n
great deal OF your personal time"
Theory Of Government
Il will be observed from this that
Il evidently was the theory of the gov
H.. al al