Evening star., 1942-07-30
Court Is Expected
To Rule Today in
Saboteur Case
Closing Arguments
Begun on Challenge
To Trial Commission
Continued From First Page J

Continued From First Page.)
and the saboteurs were rushed back
to the District Jail in two closed
prison vans which have carried them
back and forth since start of the
trial
When the commission adjourned
Monday after the defense and
prosecution had rested their cases,
it agreed to meet again this morning
to hear the final arguments of
counsel. At the appointed time an
nouncement was made that the two
day recess had been extended and
the commission would not sit to
hear the closing arguments until 10
am. tomorrow.
Defense Meets Formalities.
Meanwhile, members of the de-
tense staff were reported to be in
the Court of Appeals OF the District
to file the same writs of habeas
corpus which the Supreme Court is
considering. The defense is taking
this move, it was said, merely to
avoid any potential legal techni-
cality, since question was raised at
the session of. the Supreme Court
yesterday as to how the case against
the Nazis could be brought before
the highest tribunal without first
going through the inferior courts.
The Army officers appointed to
defend the eight enemy agents are
known to have first made a request
to Justice James w. Morris in the
District Court for hearing on the
writs, but he turned them down. If
the Court of Appeals takes the same
position then the case. it was ex-
planned. can legally be considered
by the Supreme Court.
High light of the first days ses-
sion was a statement by Col. Royal
that the eight enemy agents did not
come to this country to wreck it's
vital war industries as charged by
the Government, but merely took
the submarine journey across the
Atlantic to escape" from Germany.
Col. Royal explained the men
came unarmed, engaged in no COM
bat operations, and had no instruc-
tions or intent to do anything wrong
at the time. He said they just
wanted to bury the explosives they
brought with them.
I'm glad to learn what unarmed
means" remarked Justice Frank
furter.
They didn't go to any agency,
did they" interposed Justice Jack
son, land say, Thank God we got
away from the Germans, and tell
where the explosives were buried?"
Demands Civil Trial.
Col. Royal repeatedly fell back on
the argument that the prisoners
were entitled to a civil and not a
military trial as a matter OF plain
democratic procedure in a demo-
cratic country. He challenged the
legality and constitutionality of
President Roosevelt's order denying
the eight enemy agents access to
the civil courts.
Through Attorney General Biddle,
the Government contended on the
other hand that the bulwarks of
American civil liberties were hardly
meant to shelter armed invaders
sent here in the time of war"
These men, he said, were paid
agents of the enemy who came to
the United States on enemy sub
marines dressed in the uniform of
the German marine infantry, hop
ing by this strategem to be given
the treatment of prisoners of war
In event of capture.
They crossed through our patrols
with the very end and object of
destroying our most vital war pro-
.duction and war transportation IA
'cilities," said brief submitted to
the court by the Government
They are enemies in as practical a
sense as parachutists or invading
armies landed from an enemy fleet
though, because of the nature o1
their war offenses, they are not
entitled to the consideration due
lawful belligerents
Jurisdiction First Issue.
The first question to be settled wa.
whether the Supreme Court hae
jurisdiction In the case, whether il
could consider the legality of order.
Issued by the President under hi.
wartime powers and whether tn,
case had come properly to the high.
est court from the Federal Court o.
the District without any intervening
consideration by the District Cour
of Appeals.
Col. Royal, bulky and youthful IL
appearance, contended that the W..
of habeas corpus and legal proceed
ure implementing it was meaning
less unless it provided method o
appeal for such cases as this
He argued several minute ant
Intricate legal points at length and
in the end, with the agreement o
Mr.. Biddle, the court proceeded t.
hear arguments on the merits of tn,
case. leaving the question of juris
diction TO be settled at later point
Col Royal presented a printe,
brief which set up five arguments:
First, the petitioners, including
the aliens meaning the alleged sabo
teurs, one of whom the defens
claims is citizen of the Unitet
States, are entitled to maintain thi
present proceeding.
Second, the Presidents proclama
ton which assumes to deny the righ
of the petitioners to maintain thi
proceeding is unconstitutional ant
invalid.
Third. the Presidents order
which assumes to appoint the ALLEGED
military commission, is unconstitu
tional and invalid.
Fourth, the Presidents order
relating to the alleged military com
mission. is contrary to statute an
therefore illegal and invalid.
Fifth, the petitioners are entitled
to be tried by the civil courts 70
any offenses which they may hav
committed
Col. Royal was frequently inter
rupted by questions during the ora
presentation of his case, many o
fbeSe coming froyn Chief Inst jc