Evening star., 1942-07-29
Suboteurs
Continued From First Page !

jurisdiction to hear the appeal of
the enemy agents.
At the outset of the proceeding.
defense counsel asked leave to file
the habeas corpus petition. reciting
the refusal of Justice James w.
Morris of the District Court to
receive it yesterday.
After Col. Royal had finished
his brief presentation, Chief Justice
Stone turned to Mr.. Biddle and
asked: ,a~
Does the Attorney General chal-
lenge the Jurisdiction of this
COURT"
II do not" Mr. Biddle replied.
Frankfurter Questions Colonel.
Nevertheless, Justice Frankfurter
leaned forward and asked Royal
to state on what ground he believed
the Supreme Court had jurisdiction
Col. Royal went into a technical
legal discussion and at one point.
Justice Frankfurter asked why the
defense had not appealed Justice
Morris refusal to accept the petit
ton to the Circuit Court of Appeals.
Col. Royal explained that Justice
Morris ruling was made at 8
O'Clock last night, and that there
was no time for further proceeding
In the lower court since the Mill
tary Commission is scheduled to
reconvene to hear final arguments
at 10 am. tomorrow.
Mr.. Biddle then said that it was
perfectly clear in the Constitution
that the Supreme Court has no
original jurisdiction in habeas
corpus" but that it did have under
appeal from the lower courts.
The Attorney General then SUD-
ported Col Royal in arguing that
the high tribunal had jurisdiction to
consider an appeal from the District
Court, explaining that it seemed to
him that it was within the discre-
ton OF the Supreme Court to hasten
the writ lin aid of its appellate jur-
isdiction."
Justice Frankfurter had raised the
question OF whether the case should
not have gone from the District
Court to the Circuit Court of Ap-
peals before coming to the Supreme
Court.
Might Establish Precedent.
He objected that it would estab.
lish precedent If the high tribunal
granted an appeal in this case di-
rectly from the District Court.
Justice Jackson suggested that the
defense could proceed to file an ap-
peal to the Circuit Court, thus tax
ing the intermediate step between
the District Court and the Supreme
Court an danSWering Justice Frank.
furter's objections.
AT tnat point, Chief Justice Ston,
suggested that they so ahead ane
argue the merits OF the petition fol
a writ Immediately. and that atte
the Circuit Court Of Appeals hat
acted the Supreme Court could, i
1t wished, certify the case on to it.
Col. Royal announced a stipu
lation by both sides that "evidenc,
given before the alleged militar,
commission" may be considered b.
the Supreme Court. He said tha
the testimony had already been filet
with the court and requested tha
1t be lmpounded because 1t con
tanned military secrets
At one point in ms argument Col
Royal said that the prisoners cam
unarmed. engaged in no comba
operations, and had no instruction
or intent to do anything at tina
point" but merely to bury the ex
plosives, incendiaries and othe
equipment which they brought from
Germany.
Justices Comment.
Il am glad to learn what 'un
armed means" Justice Frankfurte
commented.
They didn't 60 to any agency
did they and say Thank God we 60
away from the Germans and tel
where the explosives were buried?
Justice Jackson asked.
No, sir Col Royal said, If the
had this case would not be here
Justice Reed then asked the pris