Every evening, Wilmington daily commercial., 1918-05-22
NOTAR|ES PUBLIC
AS STATE OFFICERS
FAVORED IN ORAF I
District Exemption Board Over
rules Local Board as to Their
Classification.
ARE IN CLASS s, DIVISION A

/ Special Correspondence Of Every Event
| Dover. Nav - Delaware District
| Fxeinution Roard. Mt n session held here
Yesterday afternoon. passed upon about
! 26 appeals from the classification given hv
| the local exemption boards of the three
counties This practically rlearE up all ol
the appealed eases from the local boards a.
the District Hoard
Two caargs beforr tho District Roarfl
Yesterday were of unusual interest he-
cause ~ the questions arising of what
constltues state oflice, and II such
officer Is exempt from draft under the
Sclcrtivc Service regulations
The two caaes werp those of William n
Dewitt and Charles = Alice. both nf
Dover and both holding the oiHce II
notary public fy appointment hy the
governor
A y Nagce. ruemher and legal ad-
vjscr of The District nnard submitted an
OPINION prepared fy him on the rueation
~ the case ~ Charles u AlIce. II hcing
cnnsldered the more important one. mas
lnilrl, aa he WINS ONLY recently appointed as
notary public and At the tlIno was ?
iraftee. single man and classified lv
the Local Exemption Hoaro of Kent coun-
" as A-No The ofnnion IN part ls rs
follows
Thus rrristrant claims the right to
class,fy under DIVISION A. Class :, on the
grounds that as a notary putlio for the
State nf Delaware. he State officer
Rule r. of the Select W Service rcgilla-
tluns. page 40, provides In Class shall
he placed any rre4strant found ~ be an
officer, Legislative. executive or JudIciai of
The United States and of the several
States. territories and Of the District III
Columbia
Tho Salcctivc Service regulations pre-
scribe that tho status nf an official as .
State officer must bc determined hy ref
errncc 20 local law that ls the State law
From reading ot tins rnle II will be
arcn that II ~ mandatory an tho part Of
this board To place III Clasa i. DIVISION A
any othccr. legislative. csef1Itlve or Judi
clal Of thus State
Thus hoard thcrrforc has hut one
uticatlon to determine In n notary public
for tho State of Delaware an officer
Legislative, executive or judicial, 81 the
Statcf
In substantiation Of tho point in qtIes-
tion, several authorities arC quoted, one
Of which, case of George Harris W John
Burton, saws. 1T IS readily seen from the
decision of our courts that the duties and
powers of a notary public are coz extensive
with the State Tested by these rules. the
position OF notary public Is clearly a
public office The appointment Is made by
the government for fixed term. and the
duties and powers of the place are pre-
scrbed by law The opinion Of MIR
Magec continues,
AS To whether or not the trainers Of
the Selective Service regulations had III
mind or contemplated the oiIlce of a
notary public III the making ot Rule II
~ not for this board "a determine. The
rule has been made by those IN authority,
and undor said rule We have but one
question TO determine. and that Is whether
or not notary public IL an officer leglsla-
tive. executive or judicial of this State
Nv reference TO our local Law. by the
deCislona of other States aud of the
Federal courts, we are of the opinion that
notary public for the State of Delaware
duly commissioned by the governor. is
clearly and unmlstakabiy State officer
and however much We may dislike to
overrule the local board in this case, we
are constrained To the opinion that 1t is
our duty So 10 do, aud to hold that the
rrglhtrant IL entitled u claun his right to
classify under DIVISION A. lass ;
1T is therefore, ordered by the board
that tho decision of the local board in this
case he reversed and that Charles ID. Alice
the regstrant. be and he Is hereby classi-
tied under Rule y, SelectIve Service
regulations in Class ), Division A =
The opinion IN the Alice case also
applies tu the Dewitt east