Evening star., 1942-07-29

ARMY PROSECUTORS ARRIV
COURT MOVE-Laden with les
to balk efforts of seven NaZi sal
corpus from the Supreme Cour
Arguments OF the Government
and OF counsel for seUen accused
Nas' saboteurs on a petition to re-
move the case from q military
commission follotC.:
The Governments brief said:
The essential facts are as fol-
lows:
The seven petitioners are charged
with being agents of the German
Reich. All were born in Germany
All had lived in the United States
for some period during their lives.
All had returned to Germany be-
tween 1888 and l94l. After war was
declared between the United States
and the German Reich. the seven
petitioners were recruited by an off :
Ger of the German high command
for training in special school in
the destruction of power lines,
aluminium plants, bridges, railway
and communication systems, and
other key war facilities in the
United States. They were also
trained in the use of secret writing.
for communication to Germany and
among themselves in the United
States.
Two Groups of Four Each.
Upon the conclusion of the train
ing, the German government con-
tracted to pay them for acting on
its behalf and transported them to
the United States by submarines of
the German Navy. Before board
ing the submarines, the petitioners.
and one George John Dasch, were
separated into two groups of four
each. One group went by sub
marine headed for Long Island. The
other group went upon another sub
marine headed for Florida.
"On the submarines. all wore
fatigue uniforms of the German
Marine infantry and were told that,
II they were captured in these
uniforms while landing, they would
be treated as prisoners of war. If
not captured Immediately, they were
to change to American-made civilian
clothing.
Both submarines escaped our
naval and other patrols md landed
the petitioners under the cover of
darkness. Three of the petitioners
and Dasch landed in uniform near
Amagansett, Long Island. The
others landed in bathing trunks and
uniform caps at Ponte Vedra, Fla.
Each group brought ashore boxes
OF explosives, incendiaries, fuses.
detonators and timing devices, and
buried them in the sand near the
points of landing.
Caught Within Two Weeks.
within two weeks after they
landed. and while in civilian cloth
ing, all seven petitioners and Dasch
were taken into custody by srecial
agents Of the Federal Bureau of In
vestigation.
"On July 2, 1912, the President set
up military commission to- try
the seven petitioners and Dasch
Tor violation of the law of war and
Articles 81 and 81 of War Go U. S. C,
N'l553-4. On the same day the
PRESIDENT issued proclama zion
denying access to the courts to GER
tain enemies who crossed our fight
ing lines and were charged with
committing or attempting to COM
NIT sabotage, espionage or other
hostile acts.
After signing the precept by the
President, the Attorney General
turned over the petitioners and
Dasch to the military.
Summary of Argument.
The petitioners are not entitled
to access TO our courts for the pur-
pose OF obtaining writs of habeas
corpus. The great bulwarks of our
| civil liberties-and the writ of
habeas corpus is one of the most
lmportant-were never intended to
apply in favor of armed invaders
sent here by the enemy in time of
war. A jealous regard for this pre-
rogatlve writ has been and should
be maintained, to prevent prosecu-
ton for political opinions and DOS
slble abuses of military power In
periods of great stress and high
emotional feeling. But no such in
roads will result from denying the
privilege to belligerent enemies
charged with breaking through our
lines to commit hostile acts.
The petitioners are paid agents
acting for and under the orders of
the German Reich-a country with
which we are at war. They came to
this country on enemy warships
dressed in the uniforms of the Ger
man marine infantry, hoping by
this strategem of war to be given
the treatment of prisoners of war in
the event of capture. They crossed
through our patrols with the very
end and object of destroying our
most vital war production and wal
transportation facilities. They are
enemies in as practical a sense as
parachutlsts or invading armies
landed from an enemy feet. though
because Of the nature of their wal
offenses they are not entitled to the
consideration due lawful belligerents
Those whom the enemy sends tt
destroy our industries and lives ane
the very existence OF the Nation car
hal dly be in position to claim con.
stitutional rights, privileges ant
immunities from the Nation which
they seek to destroy. One privileg,
they seek is the freedom to ask ou
courts to help them now that the,
are caught.
Tradition Of War.
Traditionally, all states in tim
Of war have denied belligerent enc
mics access to their courts. Tha
is one of the earliest and most rudi
mentary forms of political and eco
case of each of the seven alleget