Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-11-19
APPEAL BOARD
IS EXONERATED
Kane Vindicates Members
Of Charges of Draft
Irregularities
SUIT IS NOLL PROSSED
Attorney Tells Court Viola
tions Only Technical-Injus.
tice Righted, Says Counsel

Members Of District Appeal Board 40.
9 were given vindication of charges
OF draft Irregularities when United
States Attorney Kane today nolle
pressed three indictments charging
them with neglect TO perform their duty
under the selective conscription law.
In asking Judge Thompson in the Fed
era1 Court today to allow him to drop
three Indictments against the members
of the board. Mr.. Kane said that from
the outset he felt that there was a
serious question whether there was any
thing more in the case than n technical
violation of the draft regulations. and
he said II would not he justice to
ask a petit jury to convict the draft
board members OF the charges. Nv.
Kane added that his Judgment in the
matter was confirmed in conferences
with Washington officials.
The draft board members who were
vindicated are Walter willard. a law
yer and chairman Of the board. nr.
Frank G. Hammond. former secretary
and now medical aide to Governor
Brumbaugh; Ellis A. Gimbel, James j.
Ryan, a retired contractor; James c.
Mcdonald. Charles II. Lafferty and
aftitAdHutI IdNItHCb. JTs
Charges Against Board
or the three indictments. one charged
the draft members with failure to for
ward to the adjutant general the names
of 2000 reglstrants who had been Sc
lected by local boards for military serv-
ice. A second Indictment charged the
draft board with holding up decisions
on appeals from Glass Al classihcattOrs,
and the third charged the board with
giving an improper deferred classified
tion TO Howard A. Baker, a lawyer. con-
pected with the law firm of Mason &
Fdmunds. Mr.. Baker died recently in
camp
In prepared statement. which he
read to the court District Attorney Kane
said, in part
AT the time these bills we're found.
I felt 1t was a serious question whether
the facts that had been brought to the
attention of the Government Consti-
tutpd more than technical violations of
The regulations.
II have now had fuller opportunity
20 go into the facts--the evidence which
was before the grand jury and also such
additional evidence as would be avail
ahlo at the trial-and | have come to
the conclusion that it would not be
riGnt TO ASK petit jury 10 convict
the defendants Of crime. | propose
therefore to nole pros. the cases
may add that the cases seemed to me
to be Of sufficient importance for me
to discuss the question with representa-
itves of the Attorney General in WASH
ington, and that in coming to my con-
clusion. have had the advantages of
conferences with them
Statement by Counsel
After Judge Thompson had allowed
the bills to be nolle pressed. Attorney
Maurice Bower saul. counsel for Mr
Gimbel.. but speaking for all the men
who were indicted, made the following
statement 10 Judge Thompson
rOn behalf of the defendants | feel
IL my duty to say to the court that
the defendants have felt that a great
injustice has been done to them in these
proceedings All of these defendants are
men prominent in the business and pro-
fessional life of this community and at
great sacrifice of time and money
served the Government conscientiously
and faithfully. The injustice done has
now been righted by the action Of the
United States Attorney insofar Rs II Is
within his power and we are glad to
know that his Investigations have con
WINGED him Of the prUpriety of his aC-
tion here today"