New-York tribune., 1918-02-02
Members "Vote Against
Conscience" i'm Deferring
More Than 20 Cases
Marshall Protests
"We Ought to Buy Wedding
Presents for Newlyweds,"
He Says


over which Charles Z. Hughes presides.
yesterday granted deferred classitica-
tion in some twoscore cases of men VIII"
have married since the passage of the
licved the war bridegrooms Of the la
bility of immediate service, for their
original purpose was to put the burden
of the proof on such registrants to
show they were not "slackcrs." Bet
Secretary Bakers reversal of tho
opinion of the board, which was an
nounced Wednesday, ruled the pro-
ceedings.
Louis Marshall, who seemed to chafc
under the new Interpretation, proposed
70 his associates on the District Board,
in discussing late marriage case, that
"thc members arrange to buy wedding
presents to give the registrants VIII
their deferred classification notice
And when the appeal of baby car
riagc manufacturer was up, Meier
Steinbrink remarked significantly: "ln
view Of the new ruling on late mar
riages, a manufacturer of baby car
riages is too important person in
the community to send to war"
Vote. Against Conscience
Mr.. Hughes, in complying with Secre-
tary Bakers ruling, explained his
change of opinion regarding the status
of war bridegrooms, declaring: II
voted in this way solely on the ground
that thought the ruling of the Secre-
tary Of War fairly applied to this regis
trant. There is no evidence that this
case before us) is Stacker marriage
or that anything about it is equivocal
except the date, and according to the
new Interpretation that is not to be
considered equivocal.' At the same
time former Attorney General George
w. Wickersham rose to say: ~ desire
way in Difference to the regulation Of
the Secretary of War"
After the session Mr.. Marshall de
clared that the Baker ruling obliges
members Of the board to vote "con,
trary to their conscience" Ceases have
como before us to-day in which we felt
that the registrants were not really
entitled to deferred classification" ne
said. "Many of them seemed to be
Stacker marriages. but we were obliged
to comply with the ruling of the Secre
tary Of War. This means that in this
city alone great numbers who are not
entitled to exemption will get it,
Two other broad rulings were LAID
Gown by the board. After investigation
of the subject the board found that
no German who was not full-iedge1 j
American citizen on the day the United
States declared that state of war
existed with Germany could be drafted
into the military service Of this coun
tly. The other ruling was that where
treaties with certain foreign govern
ments, particularly with Switzerland.
conhicted with the selcctive service
regulations, on which the draft is run'
the board would classify registrants
only in accordance with the draft regu-
lations, and, where injustices were
done, the matters would be referred TO
the State Department for action. Mr.
Hughes is preparing an opinion on this
subject, which will be made public to-
day.
Graubard Demands Discharge
Meyer d. Graubard, Socialist and
distinguished conscientious objector to
war, who was convicted of violating the
draft law, appealed for a discharge yes
tcrday. In his questlonnaire ne wrote
II demand entire release from obliga-
tions under this law upon the ground
it trespasses upon the sovereign rights
of the people" In recommending that
fight, Mr.. Steinbrink told his associ-
ates: 1.-THE registrant attaches to his
papers a four-psge diatribe in which
he attacks the conscription law. The
man seems to be of the impression that
everything is wrong: The board does
not agree with him."
Graubard, who resides at 113 For
syth Street, is the nephew of former
Alderman Morris Graubard. The
younger Graubard was arrested last
July on the ground of failing to reg
ister. He was charged with openly de
nouncing the select1ve service law OF
public platforms. He was tried before
Judge Manton, in the Federal Distric
Court, and convicted. He was sen
fenced to serve one year in the Mercer
County penitentiary at Trenton, n. J.
but is out on bail. The policy Of tn,
government, wherever feasible, is tt
send such men to war and make then
serve in jail later.
Through his afidavits Edward j. Nc
Calig, of Local Board 80, cheered tn,
spirit of the members of the board, bu
failed TO retain deferred classification
in 3-B' dependent mother), which thu
local board gave him. The appeal wa,
taken by the government. No marrow
specialist is McCallig, who claimed y,
be an expert on biology, sociology
philosophy. psychology, economics
politics, banking, efficiency in business
and journalism.
McCallig said he supported his moth