Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-09-05
DWYER'S CHARGES
UP OGRAND JURY
Federal Body Takes Up AL
legations Against u. S.
Attorney Kane
SUBPOENA is CORRECTED
Another Draft Board and Police
Claim Government Fails to Co.
operate Against Slackers

Following correction of the wording or
the subpoena which summoned him before
the Federal Grand Jury. John T. Dwyer,
managing editor OF the Philadelphia Record.
appeared before that body today and began
the task Of attempting to prove charges OF
neglect Of duty In the prosecution OF slack
ers which he made against United States
Attorney Francis Fisher Kane.
Mr.. Dwyer arrived at the Federal Build
ing with many bundles Of data and numer-
Gus friends from Overbrook. where he Is
secretary of Draft Board No. 90. Mr..
Dwyer was also accompanied by Attorney
Joseph p. McCullen. He first went to the
United States District Court to complain
about the subpoena.
Mr. McCulen pointed out that the sub
| poena had been worded United States
| against the Grand Jury" Mr.. Kane saw the
mistake readily and corrected It, He then
accompanied Mr.. Dwyer to the Grand Jury
| room and introduced him to the twelve men
who will pass upon the merits Of the case.
After impressing upon the jury the i'm
portance of the case and urging them to
| make an investigation as to whether the
| District Attorneys office had been lax In
| It's invest cation. Mr.. Kane left the room
| In commenting upon his action. he said,
/ "A United States attorney cannot afford to
| ignore charges of the nature made by Mr..
| Dwyer. and do hope that the inVestlgaton
| will be thorough
The first case cited before the jury was
| that of Maurice Brown. who asked exemp-
| ton for the reason that he conducted drug
| store and there would be no one left to man.
age It.
| Mr.. Kane said today that this case was
! still being investigated.
| Mr. Dwyer remained before the Grand
Jury for two hours. When lie had con-
| cluded his testimony recess was taken
| Further dissatisfaction over alleged lax
| ity by the Government in prosecuting draft
law violators came today, when Chester A.
| Sellers. accused by his wife, before Local
| Draft Board No. so. OF being Stacker, was
| released by Magistrate Collins. at the Nine
teenth and oxford streets station.
The Federal authorities failed to investi-
| gate the case and showed no interest In
II, according to members Of the board and
| the police of the Nineteenth and oxford
| streets station. They declared that the
| Department Of Justice promised to have n
| representative at a hearing before the
board yesterday afternoon and the police
! court hearing this morning. but failed in
both cases TO do so. The promises. II was
| said were made over the telephone to DR..
L. F.. Luburs. the boards medical eH-
aminer; Ralph DUNCAN, Sellers's attorney,
| and District Detective Dervn.
Frank L. Garbarno chief special agent
Of the Department of Justice, denied that
he had been informed OF the Sellers case,
and implied that politics actuated some or
the complaints made by draft boards.
POLITICS. HINTS GARBARINo
There is no record Of n Sellers case in
my office" lie said. And made no prom
iscs to the board OF the Fiftieth district.
II is not my intention to get into a CON
| troye yersy with any draft board in the city
but It is possible that politics figures behind
/ many of the so-called complaints that are
| being made by some Of the draft boards
1T makes 10 difference to me what political
affiliation an alleged violator OF the draft
law may have. Whether he be follower
OF McNichol. Ware. Penrose or any other
political leader, will treat him the same
"A great trouble connected with the
| operation of the draft law exists in the fact
that many draft boards lodge complaints
over the telephone" he continued. Natural
| ly we do not know whether or not voice
on the other end Of the telephone wire is
that of responsible man. Any person
| can call up on the telephone and repre-
sent himself as a member of draft board
II the law has been violated why do moi
the informants come to the office and lay
tn. evidence before US? We are pleased e
cooperate
4 At the United States Marshars Office i
was pointed out that the proper procedur
a
o rest was for the police 10 bring the ma
| to the Federal Building. Men arrested
by the city authorities for alleged ofense
against the United States should be turnet
A over to the Federal authorities. 1t was said
! Sellers, who lives at 1924 Girard ayenu
d.. and is an employe OF the Schuyliill Arsenal
e | was arrested when his wife, who was TIL
basis of his claim for exemption from
draft charged that she was being used a
a shield, having been forced to sign a
l N.t., cA1
: | lers's arrest she withdrew her charges. Al
=. | though Sellers was exempted on the ground
| of having a wife and child dlssatisfactio
" was expressed over the alleged failure o
i. tho Government to follow up the confiictin
e | statements.
Draft District Appeal Board No. con
tinued to receive appeals today.
The board sustained the appeal of Irwin
d r. Redland of $50 Ashdale street, who's
plea was specially called to the attentio
- Of the board by the secretary, Doctor Ham
Q | mond The district board was criticize
for denying exemption, since Redland no
only had wife and IL widowed mothe
d to support. but was employed as an artihce
= | in the Frankford Arsenal.
Forty-nine neighbors of Mr., and Mrs
a Isaac Golden, 24l4 North Front street
e asked exemption for their son. Loui
Golden, the sole support Of parents VIII
were in feeble health.
DRAFT LAWYERS TO MEET
a A meeting OF the fifty-one lawyers ap
, pointed by Governor Brumbaugh lega
advisers for the city's draft boards wa
d held today in the Office OF Harry Berkowit2
a | in the Lincoln Building in an effort to oh
| tain uniform rulings for all the boards.
Today and tomorrow 800 more men vii
d be called for examination as to their fltnes
for military service by the Forty-fourt
District Board. sitting at the Thirty-sixt
e district police station, on Germantown ave
= | nue. below Lycomng.
This has been made necessary by tn
a large number OF exemption claims presente
:, OUMNu 10