davidaulloa/AmericanStories huggingface dataset:
Evening star., 1942-07-30
District Police Asked
10 Aid Hunt Here for
Saboteur Suspect
Mon Fled as Cob Holted
Toxi Driver Reports
At Precinct Station

After listening to the story OF a
taxi driver, the Federal Bureau of
Investigation today asked all Wash
ington police to look out for Joseph
Schmidt. trained Nazi saboteur who
may be in this country.
The driver. James M. Proudfoot.
27, of 23l Fifteenth street Sc. said
he picked up passenger answering
Schmidt's description at Union Sta
ton last night and was told to drive
to the Benning power plant.
Instead, said Mr.. Proudfoot, he
drove to the ninth precinct. In
front of the station the man leaped
from the cab and fed on foot, he de-
clared.
The taxi driver told reporters the
man left behind a copy OF the
New York Times which had certain
stories marked and comments writ
ten on the margins, possibly in code.
The marked stories included an an
nouncement of a ship launching.
reports OF the current saboteur trial
here. and the names Of railroad
officials, he said.
Police did not confirm the story Of
the discovery of the paper. FBI
agents questioned Mr.. Proudfoot.
Mr.. Proudfoot was in the news a
year ago as the taxi driver who
took DR.. Heinrich Simon, exiled
German publisher and musician. to
his home after an assault which
proved fatal. The crime was never
| solved.
Evening star., 1942-07-30

Col. Royal interrupted, that they
were entitled to the protection of
the civil courts"
A colloquy between Chief Justice
Stone and Col. Royal resulted in
their agreeing that the President
could declare martial law at any
time and that when he did so no
civil trial could take place.
Then" Chief Justice Stone con-
tinued, "the first question is whether
the situation here existing is au-
thorized by martial law. If so, then
the civil courts are out of it."
I'VE say the President has not
sought to declare martial law" Col.
Royal replied.
After completing his argument
that the prisoners were entitled to
civil trials, Col. Royal engaged in
long and highly technical presen-
tation of his contention that Pres
ident Roosevelt's order was illegal
and unconstitutional 1t conflicted
moreover he said, with the Articles
OF War themselves.
In ordinary court martial proceed
ings, he added, defense counsel was
customarily apprised of the court S
| verdict before a review was under
taken. Under the military commits
sion procedure, he added, this would
! ut be done and the defendants
might never know what the verdict
was or the vote by which it was
reached.
At the conclusion of Col. Royals
discourse, Attorney General Biddle
began his oral presentation and
sought to shatter the case for the
defense with a series of staccatx
sentences.
The United States and Germany
are at war" he said. These mer
are enemies. They are asking the
protection of the courts to commi,
Warlike acts.
Enemy aliens have no right tc
sue or enter the courts of the Unitec
States under these circumstances"
With emphasis, he asserted tha,
whether the saboteurs, all or any
OF them, were technically citizen.
OF the United States was not a fac.
tor. The only essential element.
ne said, was that all ARE enmie.
OF the United States" and in tha
status he thought it clear that the,
have no rights in the civil courts.
Evening star., 1942-07-30

by those governed in the most ex-
peditious and ample manner. and
shall not be suspended by the Legis-
lature, except upon the most urgent
and pressing occasions, and for
limited time. not exceeding
months" The committee did not
report this provision so he raised
the question again, urging that the
writ should be suspended only on
the most urgent occasions, and then
only for limited time John Rut-
ledge was for declaring the writ in
violate. because 'he did not con-
ceive that suspension could ever
be necessary. at the same time,
through all the States
Gouverneur Morris then moved
for the adoption of provision in
the form finally adopted. James
Wilson expressed his doubt whether
'in any case suspension could
be necessary, as the discretion now
exists with judges, in most impor-
tant cases. to keep In gaol or to per-
NIT to bail" The first part of the
motion was approved without OBJ
lection, and the exception passed,
by vote of seven States to three.
Martins Arguments.
The verbose attorney general of
Maryland, Luther Martin, who is
now best remembered as the Con-
stitution's bitter opponent. explained
that he voted for denial of the
power to suspend the writ and
against any exception permitting a
suspension by the general govern
ment,' because he feared ''it would
give them Martin does not say
'himD, power over citizens Of
particular States who should op-
pose their encroachments' Martin
also argued that since the States
had this power of suspending the
writ on invasion or rebellion, there
was no reason to give it to the new
government.
The only other reference to the
writ of which we have record is in
James McHenry's advocacy of the
proposed Constitution, in which he
merely stated that public safety
| may require suspension Of the
habeas corpus in cases of necessity:
when those cases do not exist the
virtuous citizen will ever be protected
in his opposition to power"
Clearly, by suspension Of the
writ the trainers OF the Constitu-
ton had in mind law, general in
nature, which would deny to all
persons in this country the privilege
OF the writ. Moreover, the power of
a military commander in national
emergency to ignore the writ in par
ticular cases was not even discussed.
| Obviously cases might arise where
the courts would not be functioning,
but the arguments concerning emer-
| gencies were those which favored no
suspension of power whatever in
the Legislature, either because the
! courts had certain powers to hold
individuals in Jail or because no
situation could arise where the
privilege should be totally suspended
throughout the country.
The Constitution, as finally drafted,
provided THE privilege of the writ
OF habeas corpus shall not be sus-
pended, unless when, in case of
rebellion or invasion. the public
safety may require it." The above
provision is in the article on legisla-
tive powers. and in the section
restricting the exercise of legislative
| powers.
Thus. Congress can, at certain
times, legislate generally to suspend
Evening star., 1942-07-30
Oil-Rubber
Continued From First Page. }

financial assistance to make the ad-
justments
Meanwhile. governmental agencies
and individuals working on the syn
thetic rubber, gasoline and fuel oil
problems had before them these
other developments:
l. Crea ton Of a joint Army Navy
Petroleum Board to coordinate the
procurement and transportation of
all petroleum products needed for
far-f1ung overseas forces was an
nounced by the War and Navy De-
partments.
2. The War Production Board
made official a Petroleum Co-ordi-
nation Office ban on deliveries of
fuel Oil for operation OF heating and
cooling equipment in the East be-
tween August and September Is.
The move was designed to build up
reserve stocks for next winter.
Rubber Mystery Continues.
g. A special House subcommittee
seeking clues in the synthetic rub
Der mystery was in recess after
being told at a hearing late yester-
day that some sort of monster con-
trolls the rubber industry"
The lawmaker who made the
charge was Representative Butler,
Evening star., 1942-07-30

Republican, Of New York. He said
he had made at least six visits to
Government agencies seeking a
$3.50, 900 loan for j. & j. Chemical
Co. of Buffalo, which he said was
turning out synthetic rubber from
hardwood and could produce at Is
cents a pound 35 to 40 tons a day
after plant expansion.
Abiding to monster Mr.. But
Ter said I'VE are unable to locate it,
but feel it," He said there was
always something to block our
way" in the search for a Govern
ment loan.
Mr.. Dean also was heard by the
committee and said rigorous gaso-
|. line rationing and curtailment of
the use Of home heating oil might
be necessary this winter along the
East Coast because there was "a
steady and alarming deterioration
OF gasoline and heating oil stocks -
Stocks now, he said, were at a
dangerous all-time low
L see no promise of an allevia-
ton OF petroleum transportation
shortly to supply needs he testi-
| fed.
Earlier Stanley T. Grassland, a
vice president of Rubber Reserve
Co., Government agency, had tes-
titled his division had not stymied
investigation of any process" for
the making of synthetic rubber.
When Mr.. Butler concluded tes-
tifying, Representative Hartley, Re-
publican, of New Jersey, vice chair
man of the committee, asserted:
There is some question In my
mind if the rubber tire industry
wants to help produce synthetic
rubber"
Mr.. Hartley had prompted Mr.
! Crossland's statement that Rubber
Reserve had not "stymied" investi-
cation of any process, after Mr.
Grassland said the agency still was
much Interested in the Houdry
process.
You must admit your interest
comes six weeks after you have sty-
mied proper investigation of the
process" Mr.. Hartley told the wit
ness.
Mr.. Dean made his announcement
about possible extension of gasoline
rationing to delegation of about 4C
Virginia travelling statesmen who
came here to appeal for increased
allotments of gasoline for statesmen
Without some relief, they argued
many of the 1000 statesmen in the
rationed territory would be forced
out of employment and businesses
dependent on statesmen could not
survive.
Universal Rationing Asked.
Senator Byrd. Democrat. of Vir-
ginia, who accompanied the sales.
men to the conference, opened the
discussion with an assertion tha
every argument of fairness anC
common sense calls for immediate
universal rationing" of gas.
Jim DAILY, Columbus, Ohio rep
resenting the United Commercial
Travellers, said statesmen as groul
are doing everything in their powe
to help win the war, but when ou
, income is cut off we are forced tt
conclude that if the business o
America is destroyed it won't max,
much difference who wins the war.
. The group won a concession from
Fred CHAT, OPA attorney VIII.
drafted the new gas rationing reg
ulations, that clarifying instruction
to local boards were necessary OF
the regulations giving preferred
classification to statesmen of drug
: and certain production supplies ant
. equipment in cases where it was de
termined that the selling Of sucl
equipment and supplies by salesme,
was essential to the war effort.
Evening star., 1942-07-30
]. w. BRABNER SMITH.

Once again the many legal prob
lens presented by war are becoming
OF immediate Importance, and
among the most interesting to
student as well as professor, to lieu
tenant as we'll as commander in
chief, are those involving the arrest
and detention by the military of
persons suspected of disloyalty or
hostility to the Government.
This involves the privilege of the
writ of habeas corpus and the
power of the military forces in the
exercise of what is commonly known
as martial law. So thoroughly has
the latter subject been discussed in
recent years that brief review is
here presented only because any
unusual detention of a civilians
liberty by the military may be char
acterized as an exercise of martial
law and, If such detention in
wolves a refusal to recognize a writ
of habeas corpus. probably will be
thus characterized
Martial Law.
Martial law is the law of neces-
sity in national emergency. 1t is
not statutory. nor is it expressly
authorized by the Constitution.
More accurately expressed as mar
tlal rule, it means "the temporary
government of the civil population
through the military forces as
necessity may require in domestic
territory" 1t involves the exercise,
by the commander in chief or his
representative in the field, of dis
cretionary power over private per-
sons and property. including that
which is ordinarily vested in civil
officials. Although it is an executive
function. 1t may include the exer-
else of powers ordinarily legislative,
such as the PRONUNCIATION of orders,
or judicial, such as military trials.
The exercise of this power may in
directly result in prevention of the
execution of civil process, such as
the writ of replevin or of habeas
corpus. The question arises as to
what extent, If at all, the exercise
of this power is restricted under
the Constitution of our Govern
ment.
Source of Power of Martial Rule.
Martial law has been declared
and martial rule has been operative
from time to time during the con-
stitutional history of the United
States in cases of threatened inva-
sion and domestic disturbance, and
has, in most cases. been both ar
IDENTIFY justified and bitterly criti-
cized. The main ground of criticism
is that there is nothing in the Con-
stitution authorizing the exercise of
this power, or, more recently, as in
the Milligan case, that the necessity
in the particular case did not justify
the action taken.
In defense, there are two incon-
sistent arguments, one, the extra
constitutional theory of national
preservation. Gen. Andrew
Jackson once asserted in justifica-
ton OF his conduct in declaring
martial law when the British were
attacking New Orleans, "Exigencies
may sometimes arise when 'consti-
tutional forms must be suspended,
for the permanent preservation of
constitutional rights ~"
James Buchanan defended Jack
son by stating that the law which
justified the act, was the great law
OF necessity; it was the law of self
Evening star., 1942-07-30

defense. This great law of necessity
of defense of self, of home, and
of country-never was designed to
be abrogated by any statute or by
any constitution"
The better theory is that this
power is implied by the constitu-
tional provision vesting the execu-
tive power in the President, and
making him Commander in Chief
of the armed forces, and placing
the entire war power in the National
Government
When Lord Dunmore issued his
proclamation of intention to execute
martial law in Virginia, in ITS, the
validity Of this was not argued, the
Continental Congress merely ex-
pressed a determination to retaliate
for any undue seventies against
persons aiding the cause of American
liberty.
Later. the Continental Congress,
which had assumed both legislative
Evening star., 1942-07-30

and executive power during the
Revolutionary War, recognized mar
tial law by authorizing courts-mar-
tial in certain instances.
Brief History Of Writ.
We refer hereafter only to the
writ, habeas corpus ad subjicien-
dum-the usual writ issued by a
court of competent jurisdiction on
petition of person in custody of
another, where 1t is alleged that
such person is unlawfully held. The
writ directs the production Of the
person before the court at certain
time to determine the legality OF
the detention. Thus, it involves a
summary trial as to the validity
of the restraint Of the petitioner S
personal liberty. If lawful the writ
is dismissed, but the prisoner can
be admitted to bail, providing the
offense for which he is held Is
bailable.
While found, in substance. in the
Roman law, it's present place in our
Constitution involves its recreation
in the stirring development of the
common laW-the essence of the
entire struggle for freedom and
liberty of the English-speaking peo-
ple-the Magma Charta, the be-
heading of Charles I, the American
Revolution. In the Great Charter
the mobiles and bishops won the sub
stance of the writ and under Charles
II the Habeas Corpus Act was
passed providing the procedure con-
corning the writ, which has varied
but little to this day.
In 1892 South Carolina re-enacted
the British statute and retained this
law, and the colonists generally
managed to obtain the benefits,
since the local courts considered the
writ to be a part of the common
law. However, Parliament did not
extend the writ to our Colonies, and
when Massachusetts, passed an act
asserting the privilege of the writ,
it was held that the Habeas Corpus
Act did not apply to the Colonies.
The Declaration OF Independence
lnferentially denounced the Quebec
| bill" which refused the privilege
OF the writ in certain Western ter
ritories. Since the Revolution there
has never been any question about
the issuance of the writ. The prob
lens involve suspension of the privi-
lege or refusal to comply with the
writ when issued
Suspension Of the Privilege.
In England the privilege of the
writ of habeas corpus can be sus-
pended by Parliament and. indi-
rectly, by the exercise of martial
rule when the military commander
refuses to recognize such a writ
served upon him. After the writ
was established by statute Parlia-
ment frequently suspended it. some
times without justification, and this
was one reason for the anxiety OF
the trainers of the Constitution to
check the legislative body for which
they were planning.
The first references in the Fedora
Convention to the writ of habea,
corpus are found in Charles Pinck.
ney's Draft of Federal Govern.
ment," presented at the opening OF
the convention, and in subsequent
resolution which was referred tt
the Committee of Detail, then en-.
gagged in preparing a draft of a con.
stitution in conformity with reso.
lutions adopted by the convention
Both of these were limita tions or
legislative suspension of the priv.
lege of the writ. Pinckneys resolu.
ton on habeas corpus was that "tht
privileges and benefits of the writ
of habeas corpus shall be enjoyee
Evening star., 1942-07-30

the writ. There may be times :
when 80 the atmosphere may be-
come pestilent with reasonable
sympathy. = There may be no
martial law prevailing, no military
exigency which would deprive the
officer OF time to make return to a
writ and await trial. 1t was to
meet this necessity that the Con-
stitution allowed the writ to be sus-
pended in cases of invasion or
rebellion when the public safety
required it,
When Congress by law suspends
the writ of habeas corpus the
responsibility of the Commander IN
Chief or his representative to de-
termine the necessity for ignoring
such a writ no longer exists. Con-
gress also. in effect, approves the
setting up of other courts for the
trial of civil offensives within the
limits prescribed by such law.
II must be kept in mind that 1t is
only the privilege of the writ which
is suspended. and not the writ itself
In theory. when Congress suspends
this privilege, the court may issue
the writ, and the custodian Of the
petitioner may comply with it. but a
return which fails to produce the
petitioner and cites the suspension
is final.
Refusing Privilege Of Writ.
Although the privilege of writ OF
habeas corpus has not been sus-
pended by Congress it does not
follow, nor is 1t true. that all per-
sons at all times may obtain free
dom from detention by obtaining
the issuance of the writ.
Congress in 1867 provided Fed
eral court procedure for this writ
and the person charged therein with
improper restraint must promptly
make an adequate return. 1hi.
and State court procedure is mod
eled after the original Habeas
Corpus Act.
So far as Army commanders ant
other Federal officers are concerned
if a person is held under color ol
Federal authority, State court
cannot, by means Of this writ, ques.
ton the validity Of the restraint
Moreover, it appears to be settled
/ that enemy aliens as we'll as pris'
oners of war are not entitled to tn.
privilege Of the writ in any court
II the armed forces, during a STATE
of martial law or while in the exer.
else of their duty in a sudden emer-
gency, such as an insurrection. arr
| OBTAINING a person suspected o
bringing about the emergency, /
might be considered hazardous tt
produce such person upon issuance
Of the writ. But suppose the wri1
Is issued?
Even after the British withdrew
from the siege of New Orleans, Gen
Jackson continued martial rule ane
exercised rigid control over the city
An article appeared in the Louisiana
Courier criticizing his policy, ant
the author was promptly arrested
and placed in confinement by Jack
sons soldiers.
A Judge of the United States Dis
trict Court granted writ of habea!
corpus, and Jackson not only pait
no attention to the writ, but i'm
prisoned the judge. Subsequent.
both author and Judge were released
The Judge exercised the courts pow
er when writs are not recognized
punishment for contempt-by finini
Gen. Jackson 81 900, which was i'm
mediately paid.
The case is frequently cited t.
indicate the danger resulting from
failure to recognize, the writ. Wha
should be emphasized is that Gen
jackson made no effort to co-operat
with the Judge either by interview
or by formal return to the writ ex
platnng the reason for the actor
Evening star., 1942-07-30
Summary Of Hobeos Corpus Writ History and Privileges
As Invoked by Soboteurs in Appeal to Supreme Court

(Reprinted BY permission from
the Georgetown LdU Journal Of
June
Evening star., 1942-07-26
The Cos Pill Truth

According to a report from New
York, the sharpers who used to sell
the Brooklyn Bridge and the subway
are turning to new racket, the
gasoline pill, They hang around
filling stations, and on the arrival of
a likely prospect, ostentatiously put
five gallons of water into trick gas
tanks blocked off from the engine,
add a white pill and start to drive
away. If their estimate of the easy
mark is correct, and he is greedy as
we'll as gullible, he buys many dollars
worth of white pills, only to discover
later that tank full of water with
a few pills added is mighty poor
substitute for the good new fashioned
ration card and some real gasoline.
It seems incredible that in a coun-
try with high standard of educa-
ton any motorist would bite at such
a fraud, but it has happened. In a
country which we commonly regard
as inferior to ours, namely, Arabia,
there are thousands of camel owners
who try to get the greatest mileage
per gallon of water from their trans
portation; but there is not even one
who could be sWindled into feeding
his camel gasoline for this purpose,
either with or without pills.
Evening star., 1942-07-26

kind of life, freer and fuller, than any
nation has yet achieved.
The American way of life. or the way
Of life common to the English-speaking
peoples, is doubtless the best way thus
far conceived and practiced, but it is evi-
dent today that it must undergo vast
changes. So-caned Christian civiliza-
ton" has not attained the way that Jesus
Christ designed for His children He
spoke of the abundant life" the life of
fullness and satisfaction. He sought
world in which human personality should
have it's highest development and en-
richment. He pied for the high things
of human brotherhood, the closer knit
ting of the ties that bind men together
humble, the forgotten people of the
world and gave them rights and privi-
leges long denied them. He contemplated
a world kingdom in which justice, equity
and kindness were to be supreme factors.
1t may be that the terrible exactions,
the ruthless waste Of human life, the
destruction Of mems most cherished pos
sessions in this war. are forcing them to
see the utter folly OF the ways they have
followed
Something far different must emerge
from this great struggle. Values once
considered Indispensable must change.
For gold standard and material riches
there must be substituted the priceless
values of the human soul; the worth of
the individual and all that concerns the
attainment of his fullest and freest de-
velopment. How much is man better
than a sheep?" asked Christ. Human
values transcend all other values. Jesus
Christ was not dreamer or a visionary:
He contended for the underprivileged
and forgotten people. He consorted with
those who were unfriended; He saw the
miseries OF the neglected and to them
He gave the promise Of better things to
come: not in some misty, hidden future,
but here and now in this present world.
Heaven and the joys of an endless life
were to have foretastes here.
To approximate, If only In part His pat
tern OF life, the peoples OF the world are
contending today. In the heart of men.
the world over, there is an upsurge, de-
mand for the fuller, freer life He prom
ised and the struggle will go on, no mat
ter what the cost, until that ideal of
life has been attained.