Evening star., 1942-07-30
Is VILLAGES REPORTED WIPED OUT BY NAZIS
Bidd|e Says
Court Cannot
Halt President
Executives Power
Over Suboteurs
Final, He Asserts
Earlier Story on Page A-1.)

Earlier Story on Page A-1.)
By the Associated Press.
Attorney General Biddle, dis
cussing the validity of the mill
tary commission established by
President Roosevelt to try eight
alleged Nazi saboteurs, told the
Supreme Court today that the
President could not be made an
swerable to it while acting as
Commander in Chief of the Ma
tion's armed forces.
He expressed this view in response
to question by Justice Jackson
while arguing in opposition to a
petition by seven of the eight Nazis,
who came from Germany by sub
marine, for writ which would take
them out of the custody of the mill
tary commission before which they
are on trial for their lives.
Cites Central Issue.
The central issue before the court
Is the contention of counsel for the
prisoners that presidential procla-
nation denying them the use of the
civil courts and ordering a military
trial is totally invalid and un-
constitutional"
Arguments were completed this
afternoon in the captives' effort to
have the Supreme Court overrule
President Roosevelt and send them
to trial in the civil courts. The
Supreme Court recessed until noon
tomorrow Immediately after Col
Kenneth Royal finished presenta-
tion Of his plea for writ of habeas
corpus.
There was no indication that a
decision might be reached tomor-
row in Chief Justice Stones simple
statement that the court is ad-
journed until IL o'clock tomorrow. !"
Sudden Action Puzzles Counsel.
The justices had listened to ar
guments by Col. Royal and Mr..
Biddle for nine hours, having met
from noon until pm. yesterday
and from noone until pm. today,
with two half-hour recesses.
Shortly after the court adjourned,
Mr.. Biddle said that the military
commission would resume at 10
am. tomorrow.
Both Attorney General Biddle and
Col. Royal appeared puzzled by
the sudden adjournment of the
court and called a court attache.
who explained that the justices were
leaving the case open SO that GER
tlorari could be ordered.
This was taken to mean that the
court intended to grant certiorari to
the petitioners-that is to say, to
permit the case to be brought for
mally before it.
Not a Decision on Issues.
Such writ would not constitute
decision one way or the other on
the issues raised by the prisoners
in seeking to petition for writ of
habeas corpus. Up to now the court
has merely listened to the argu-
ments while deciding whether to
admit the petition formally to the
court.
1t became known that, with their
argument finished, Mr.. Biddle and
Col. Royal would not be present in
the court tomorrow, but instead in
tended to go back before the mill
tary commission, scheduled to hear
final arguments.
Immediately after adjourning. the
court went into conference in the
conference room.
A conference usually is held to
vote on decisions, but this meeting
could be on the simple question of
certlorari. In any case, no deci-
sion would be announced except ir
open court and therefore it could
not be announced before noon to-
morrow
Communication Intent Denied.
Earlier in the proceedings, Col
Royal told the court that only one
OF the men had any intention of
communicating with Germany. He
named that one as Edward John
Kerling.
Kerling, leader of the group of
four explosive-laden men who
landed from a submarine at Ponte
Vedra, Fla, had an address in
Portugal which could be used as a
relay pointAfor communications in
tended for Germany.
This discussion came up as Col
Royal was attacking the Govern
ment's charge that the men were
liable to treatment as spies.
While Mr.. Biddle was discussine
the issue of presidential proclama
tion denying use of the civil court.
to certain parties, Justice jackson
asked the Attorney General whether
the court would have amy Thing t.
say about it" if the President of thu
United States violated the law Will,
acting as commander in chief.
No, the Commander in Chic
himself is final authority" Mr.. Bid
die replied
Earlier, the Attorney Genera
told the court he took the position
that the prisoners had no rights Il
start with which could be takel
away by the Presidents proclama
tion, adding that therefore ther,
was no need for the court to lool
at the Presidents proclamation"
This would be true, Mr.. Biddlt
said, even if the court chose to be
lieve the assertion on behalf of tn,
prisoners that in contracting with
the German high command to come
to America as saboteurs they were
only performing ruse to escape
from tho D aich