The Waterbury Democrat., 1942-07-29


 the supreme court were understood to be the saboteurs' counsel - the army officers appointed by President Roosevelt. By their petitions, Co.'s. Cassium M. Dowell and Kenneth Royall are questioning the authority of their commander-in in rul- ing that the prisoners were not en- titled to civil trial.
 Elaborate preparations have been made for the hearing in the high ceilinged courtroom, although the prisoners will not be present.
 The government will be repre- sented by a staff headed by Attor- ney General Francis Riddle and Mai. Gen. Myron Cramer, the army's judge advocate general.
 What Court Can Do
 Defense counsel have been work ing secretly and it was not known definitely what the basis for their pleas would be. But whatever the basis the court can:
 l. Grant or deny the petitions to entertain an application for a writ and adjourn without argument.
 ?. Hear argument and adjourn to discuss whether to permit the filing of an application for the writ.
 3. Grant permission, with or with out argument, and hear arguments on whether 1t has jurisdiction to de- eide on the merits of issuance of the writ.
 4. Grant permission to file appli- cations for writs, agree 1t has juris- diction, and hear arguments on merits.
 Legal questions raised by the 11th hour maneuver of defense counsel who have exercised every preroga- tive possible in defending the sabo- teurs before the military commis- sion included:
 1. Whether the petitions are prop erly before the supreme court inas- much as they had not first been filed in a district court. (Original jurisdiction granted the court by the Constitution is only for argu- ments between the states, suits in- volving ambassadors and those 1n- volving treaties)
 2. Whether the court has the right to review military court rul- ings.
 3. Whether civil authorities, con- stituted in the Federal Bureau Of Investigation, had the legal right to hand prisoners over to military au- thoritieS.
 If the case reaches the point of the court hearing arguments on merits, it will break another prece- dent because of the original juris- diction question.
 The justices were scattered throughout the country when Chief Justice Stone called the special meeting. They arrived here by air plane and train, Associate Justice William O. Douglas, who was in his home in Oregon, making the longest trip.
 The petitions were understood to involve all defendants, except George John Dash, leader of the quartet which landed on the Long Island shore. He reportedly has turned government witness, but ir event habeas corpus writs are grant ed, he undoubtely would file imne- diately in his own behalf.
 If writs are granted, the case then would go to federal court Under usual procedure, they would be tried in the district where the landing from the submarine took place-four in the Florida district four in the New York district. But the justice department undoubtedly would demand consolidation of the cases, thus making the trial either New York or Florida, or even Chi cago where the headquarters of the sabotage mission were to have beer established.
 Justice Stone Stays
 Tn opening the proceedings, Chiei Justice Harlan F. Stone suggested that he might be disqualified be- cause his son, Maj. Llauson H Stone, had assisted in presenting the defense case before the com mission. He decided to sit, however when Attorney General Francis Riddle, chief of the prosecution staff informed him that both sides wanted him to remain. Major Stone hac not participated in the proceedings before the court.
 Only seven justices took theil places at noon. Absent were Frank Murphy and William O. Douglas Stone indicated that no immediate decision was likely when he an. nounced that Dougles was en routt to Washington and would partici' pate in the courts decision aftel his arrival.
 No members of the army, excep the military commission, were ad' mitted to the court room and it wa! assumed that Murphy, a lieutenan colonel, was as,sent for that reason The court issued no explanation a his absence, however.
 The prosecution contended tha t.le real issue at stake was a struggl, between the United States and Ger