Evening star., 1940-10-15

insure against confusion and mis-
takes later in transferring registra-
ton cards.
Federal workers will be given time
of in which to visit the registration
centers, civil service employees up to
three and half hours, without
using annual leave.
Meanwhile, Brig. Gen. Albert L.
Cox, selective service executive for
Washington, prepared to confer
with the Commissioners on a re-
placement on the Registrants' Ad-
visory Board for Justice David A.
Pine Of District Court, who notified
the city heads yesterday afternoon
that he must decline to serve on
the board as such service "is, or
might be, incompatible with the ju-
dicial Office I hold in the District
of Columbia"
Justice Pine, Who had been ap-
pointed chairman of the board,
wrote the Commissioners in part:
THE function of the board, as
stated in the selective service regu-
lations, is to insure that advice
and assistance in preparing queS-
tlonnaireS, claims, etc, are readily
available to each registrant.' Con-
troversies growing out of cases in
which the District of Columbia
Advisory Board may give advice
and assistance, if litigated by pros
ecution or otherwise, will doubtless
be brought for adjudication before
the District Court of the United
States for the District of Columbia,
Of which I am a member. Clearly
I would be disqualified to act in a
judicial capacity in cases of such
character; and they would have to
be tried by one of my colleagues
and jury, who would be confronted
by the fact that the Advisory Board,
of which a member of this court
was chairman, had already given
advice on the subject matter of the
litigation. Such a condition would
be awkward, If not untenable"
Statutes Are Cited.
Referring to the suggestion in the
selective service regulations that
State judge be named chairman of
the Advisory Board, Justice Pine
continued:
I'm addition. Section 713 of the
Revised Statutes (Sec. 373, T. %,
U. S. c. A provides that it shall
not be lawful for any Judge appoint
ed under the authority of the United
States to exercise the profession or
employment of counsel or at
torney - Giving the advice
and assistance contemplated by the
selective service regulations might
be within the purview of this law.
even though the advice and assist
ance is to be given without COM
pensation as in the present instance.
"Of course, the appointment of
State judges to the Advisory Board,
as the regulations prescribe, does not
present any such difficulties as are
presented in the District of Colum-
bia where the usual functions of
State judge and Federal judge are
combined in one Federal court"
The jurist wrote that it was with
genuine regret" that he must de-
cline the appointment because such
a course deprives him of the op-
portunity for performance Of public
service which he would have been
glad to render.
Regretted by Gen. Cox.
Copies of his letter, Justice Pine
said, were being forwarded to Gen.
Cox, members of the board and
Jerome F. Barnard, chairman Of
the Bar Association Committee on
National Defense, which assisted in
compiling the list of board members.
Gen. Cox said Justice Pine had
indicated his willingness to accept
the post prior to the appointment,
but that certain factors, ascertained
later. made it inadvisable for him
to assume the duties.
Justice Pine was selected as one
of the best qualified men in the
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