Evening star., 1942-07-29
u. S. Denies rial
OF Nozi Soboteurs
PeriIs Civil Liberty
Germans Already
Given Many Rights,
Supreme Court Told
BY JAMES f. CHINN.

BY JAMES f. CHINN.
Military trial for the eight Ger
man saboteurs who slipped into
this country from U-boats on a
mission of destruction "endan-
gers no traditional civil liberty"
the Government today told the
Supreme Court in fighting a pc
tition of seven of the eight enemy
agents for writs of habeas corpus
designed to remove their case
from the special military COM
which has tried them for
16 days.
Counsel for the defendants, how
ever, told the court that President
Roosevelt's proclamation denying
them access to the civil courts was
totally invalid and unconstitu-
tional."
The courtroom was jammed as
the black -robed justices took their
seats for the extraordinary session.
Lawyers filled every chair ahead of
brass rail that separated them
from the 200 spectators behind
them.
Douglas, Murphy Missing.
Only seven of the nine justices
filed into the court at noon. The
two missing ones were Justices
Douglas and Murphy.
Justice Murphy, lieutenant COL
onel in the Army, is on active duty
in North Carolina. Chief Justice
Stone explained the absence Of
Justice Douglas. He said Justice
Douglas was on his way back to
Washington from Oregon and had
not yet arrived.
AS soon as the court convened
Chief Justice Stone pointed out that
his son, Maj. Lauson H. Stone, was a
member of the defense staff for the
eight saboteurs, and questioned his
own qualification to sit.
Promptly, Attorney General Bid
die arose from his seat in front
of the bench and announced that
the Government was not opposed
to the Chief Justice taking part in
the proceedings. So Justice Stone
continued to sit.
The defense disclosed that Justice
James w. Morris of the United
States District Court for the Dis
trict denied yesterday an applica-
ton OF the petitioners for permis-
sion to present petitions for writs
OF habeas corpus.
These German soldiers have al
ready been given rights which no
American would receive in Ger
many" declared the Government
IN its brief to the court, "and now
ask for constitutional privileges
which we do not allow our own
soldiers"
Enemies and agents Of the enemv
who cross our battle lines for the
purpose OF committing espionage,
sabotage and other hostile acts NAV
be tried by military commission
without impairment of any of the
safeguards of civil liberties con-
tanned in the United States Con-
stltution,' the Government declared
in its brief.
The trainers of the Constitution
never intended that the protective
mantle OF the clauses guaranteeing
que process Jury trial. and other
such rights, should be used to cloak
enemy violators of the law of war
who seek to destroy the state from
which they seek those rights"
the petition of the seven Nazi
agents Was filed by Cols. Cassius M.
DoWeH and Kenneth c. Royal who
nave defended them during the pro-
tracted trial before the military COM
mission appointed by President
Roosevelt.
No Brief Filed for Dasch.
The only German prisoner who did
not make application for the writ
was George John Dasch. leader OF
the group that landed on the Long
Island coast. He has had special
counsel throughout the trial and is
reported to have given the Govern
ment valuable military information.
Ihe seven Germans who made the
plea for the writs are Ernest Peter
Burger, Herbert Hans Haupt, Helm
rich Harm Heinck, Edward John
kerllng, Herman Otto Neubauer.
Richard Quirin and Werner Thiel.
May We respectfully suggest" said
the defense, that the instant case
presents real test of our demo-
cratic form of government and its
judicial system. 1t is trite but still
true to say that the SoundneSs of
any system of government proves
itself IN the hard cases where there
is an element of public clamor. Such
circumstances test the real ability
OF a government and it's judicial sys-
tenn to protect the rights OF an un-
popula" minority"
Arguments of the defendants are
based on the following five points:
l. The petitioners. including the
aliens, are entitled to maintain this
present proceeding.
2. The Presidents proclamation,
which assumes to deny the right
of the petitioners to maintain this
proceeding, is unconstitutional and
invalid.
3. The Presidents order. which
assumes to appoint the alleged Mill
tary Commission, is unconstitutional
and invalid.
4. The Presidents order, relating
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