Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-10-05

7 Claims for exemption or discharge
on the ground of engagement in indus
| try and agriculture are within the orig
| inal jurisdiction of the district board,
says the message. Decision of the
district board is final except that the
president may affirm, modify or re.
verse. such decision in accordance
with regulations prescribed by him.
The regulations prescribed by the
president provide for appeal from the
decision of the district board on agri-
culture and Industrial claims, but the
claim for appeal must be filed with the
district board who will send all evil
dence and other matters 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 mat.
ter, and, if it adheres to it's original
decision, forward such new matter to
the president Matter not presented
to the district boards cannot be con-
sidered on appeal to the president:
while district boards are not
courts, their function in passing on
claims, and the function of the presi.
dent in examining their decisions is
quasi.judicial. Since the general rule
must be that nothing which was not
presented to the district board can be
considered on appeal to the president,
it would be subversive of the spirit Of
the law and violative of the judicial
function that is being executed to
make exceptions in individual cases
and receive suggestions, urgings or
statements from individuals concern.
ing particular cases pending here on
appeal. 49,.
The president therefore has d.
rected the war department to de-
cline to discuss cases pending on
appeal or to entertain any communi,
cations, suggestions or additional evi
dence or statements concerning them.
Exemptions and discharges from
draft on all grounds except engage
ment in industry and agriculture are
placed within the Jurisdiction of local
boards. From the decision of the local
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 decis;
ion Of local board to the president
nor is there any appeal to the presi-
dent from the decision of the district
board on case appealed to district
board from local board. u
THE only cases in which there is a
right of appeal to the president are
cases of claims for exemption or dis
oh hocnd in, fY,
dustry or agriculture.
at would be a practical impossibil-
ity for any central administrative au-
thority to attempt to scar the decision
of local boards in the cases that are
before them.
IF local boards have made mis-
takes in individual cases resulting in
hardships there is an appeal 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 is actually ordered into
military service
IF any of the millions of individual
cases within the original Jurisdiction
of local boards were to be ccAsidered
in Washington then all ought to be
open to consideration here This is
manifestly impossible Therefore ad.
authority cannot and VIII
not address itself to particular. case
within the jurisdiction Of local boards.
The president. therefore. has directed
the war department to decline to dis.
cuss cases pending before local or dis
trict boards or to entertain any com
suggestions or statements |
them" |
The Nippon Maru Is due from s.
Eranciscn with mail oarir tnn,nrrc,n.