The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-11-03
Secretary of War Says Rec
ord of Draft Classified
tiOn Is InviOlate.
FoRBIDs POLITICAL USE
Court Order Only Method of
Obtaining 1t, in View of
Senators.
Special p..patch to TEE sus.

WASHINGTON, Nov. 2..-Secretary of
War Baker refused point blank to-
night to make public in any circum-
stances the QUESTIONABLE OF Irwin
Untermyer, Tammany candidate for
the Supreme Court bench in New York
city. Mr.. Untermyer is alleged to
have sought and obtained exemption
from military service on the ground
that he was concerned in agricultural
pursuits to an extent making his
presence in this country as a farmer
Of greater benefit to the nation than
would be his services in France as a
soldier.
Under the selective service regula-
tons records of draft boards are
held to be public records. Under this
aspect Of the law THE SUN has en-
Mr.. Untermyer's QUESTIONABLE.
Col Joseph Wheeler. Jr. in charge of
the draft records. was asked to furnish
the questionable. He wanted to know
why the questionnaire was sought. and
was told that he might take it for
granted that 1t was desired for publica-
ton. He then said it would be impos-
sible unless he knew the number of Mr..
Untermyer's draft board. This was fur
nished. and then Col. Wheeler said the
whole matter would have to go to the
Untermyer's Consent Necessary.
Peter c. Harris Adjutant-Gen of
the Army. then was appealed to. and
he too wanted to know why the ques-
tionnaire was wanted. and was told II
was desired for publication.
Il am very much opposed to giving
1t out" he said. II have had several
requests for this same QUESTIONABLE. I
am satisfied that at least one of them
was for the purpose of blackmail, and
I should oppose the making public OF
any part of any QUESTIONABLE unless the
principal should give his consent. as In
the case of a privileged communication
in court And this. too. whether the
QUESTIONABLE was to be used for or
against an Individual"
The Adjutant-General said he would
hay the matter before the Secretary of
War, as under no circumstances would
he give it out without the approval OF
his action by the Secretary. He said
he was perfectly sure that Mr.. Baker
would decline to give out the record.
When Gen. Harris was informed ny
THE SUN tonight that Mr.. Untermyer
had given his consent to publication of
the questionable or any part Of 1t he
said he would not give 1t out until he
had Mr.. Bakers permission to do 30.
The Secretary of War was appealed
to Immediately. He was told of Mr..
Untermyers willingness to have the
QUESTIONABLE become public.
Baker Takes Firm stand.
At first Mr. Baker said he knew moth
ing about the effort to obtain Mr.. I'M
termyer's QUESTIONABLE, and said he did
not know who Untermyer was or that he
was seeking any office.
II will not consent to giving out any
QUESTIONABLE for political purposes"
Mr., Baker told THE SUN.
The Secretary's attention was then
drawn to the section of the Selective
Service regulations which states that
questionnaires are public records.
THAT means only that they are pub
ment Is the custodian of the records.
1t does not mean that they can be made
public at any time for any purpose.
Men filed out their questionnaires in
response TO a patriotic duty. I do not
intend that they shall be used for polit-
ical or any other purposes"
The Secretary was asked II he would
permit the questionable to become pub
lie II he was given permission to do 50
directly by Mr. Untermyer himself
NO" he said, "I will not permit II
to become public in any circumstances"
Members OF the Senate Military Com
mittee we're advised of the stand Mr..
Baker had taken. They said that II such
was the policy of the War Department
nothing short OF court action could com
pei the Secretary of War to make the
QUESTIONABLE public. In the matter OF
constituting the draft regulations, they
pointed out, Mr.. Bakers Interpretations
could be overruled only by the Presi-
dent himself.