The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1918-12-03
BOARD IS.
FORCED TO COMPLY.
WITH COURT ORDER.

Mariana, Fla, Dec. LA matter OF
considerable interest as well as OF gen
efal Interest owing to the principle IN
volyed is that OF the action OF the To-
cal Ioard for Jackson county IN re-
gard to the classification OF a regist-
rant and their. alleged failure and re-
fusal to recognize the superior JuriS-
Ldiction Of the district board on ap-
peal. Interest is increased by reason
of the prominence OF all the parties
involved
TIE local board is composed OF Dr.
r.. 81 Pierce. chairman, prominent
physician and business man OF MARI
anna; W. H. Milton, ex-United States
senaGT, and twice prominent cap-
didaie for governor of Florida: and e.
g fitzpatrick, a prominent merchant,
also CT Mariana. The registrant in
question is ]. A. Ormond, prominent
tapker of Mariana
Being in the IS to Is draft age, he
register ed September II.
Ormond Claims Exemption.
In due course Mr.. Ormond filled out
and filed with the local board his
QUESTIONABLE, in which he claimed
classification in class four on the
ed deferred classification on indus
trial grounds, alleging that he was the
sole control and operating head OF the
Citizens State Bank, and he was the
majority stakeholder. and his presence
and management was necessary 70 the
best interests of the bank.
The local board refused to ,allow
his claim for classification in class "
on grounds of dependency, and placed
him in elassII-B. The registrant. tits
alleged, took an appeal to the District
Exemption Board at Pensacola, and
was granted classification in class ".
Local Board Stands Pat.
When the local board mailed thn
registrant a notice of the action OF
the District Exemption Board, the adj
vice card stated that he had been pla-
ced by that board in class II B on ap-
peal The reeistrant made inquiry OF
the district exemption board and re-
eeived information that it was incor-
rect The District Exemption Board
then, If IS alleged, requested the local
board for Jackson county to enter
proper classification upon their rec
ords and to mail to the Resistant |
proper advice Of his classification by |
the District Board This. it is alleg-
ed. the local board refused to do.
cIainine, it is said, that their original
classification Of the registrant was IN !
accordance with the merits OF the
case.
Uron appeal being taken to Captain |
Edward Anderson, head OF the draft |
for Florida, the said local board main |
tanned their position by letter and /
still withheld the action.
Applies for Writ Of Mandamus.
Receiving no favorable action upon |
his case by CAPTAIN Anderson. Mr. Or |
mond on Saturday filed with the Unit |
ed District court at Pensacola an ap- /
riirsiicn for awrit of mandamus re-
uuirire tfe local board to either is |
sue The nroper advice card. in accord |
ance with the action OF the district /
board. CT to show cause why they did |
not do &c. The writ was promptly |
issued nv Judge Sheppard and made |
returnable December 9. at 40 p.m
Deruty United States Marshal Fl. A. |
Pow1es notified the local hoard at |
Mariana soon after midnight last |
night to apnear In Pensacola.
Local Board Complies.
Instead OF going TO Pensacola and
maintaining before the United States
court their nosition. however they |
teleeraphed Philip D. Beall. Mr.. Or
mond's attorney. at 10:i9 a. m, as
follows.
.The local board as instructed by
order OF Judge Sheppard. have mailed
Classics ton card for class two D
and class four A to James Augustus |
Ormend Inform your client that
peace has been declared and his serv-
ices in the army will not be needed"
Upon receipt Of this telegram the
suit was dismissed.
Thus, at late hour, is settled an
important point. perhaps for the first
time IN the United. States. under the
Selective Service act defining by re-
course to the courts. whether or not a
local board may disregard the action
OF the distr ct board and maintain
their position.
Also the advice Of the Jackson coun
ty local board is the first information
received in the United States that
peace has been declared. it being I'M +
destood heretofore that the belligerent
nations are still under an armistice. I,
and that the Peace Conference has not
yet met to determine the terms of
peace.