Imperial Valley press., 1942-07-29
High Court Hears Nozis
Challenge Army's Power


WASHINGTON, July 29-UP1-
Counsel for seven German sabo-
teurs appealed to the supreme court
today for the right to petition for
writ of habeas corpus for their
"clients"-an attempt to obtain a
trial by civil court for the pris-
oners.
Although President Roosevelt pro-
claimed that the saboteurS, two
of whom are American citizens,
should NOT have access to civil
courts, they. nevertheless, had
through their counsel a day in the
highest court IN tae land.
The hastily assembled supreme
court met at noon in extraordinary
session to hear appeals en- behalf
of the saboteurs for the right to
petition for a civil trial in nation
whose government, demanding
death as a penalty, accuses them of
seeking to spread death and de-
Struction.
RULING AWAITED
If the court allows the two army
Colonels who are acting as counsel
for the prisoners 10 apply Hr
habeas corpus WritS, and if the
writs eventually are granted, the
special military commission which
has been trying the men will be
dissolved with its task unfinished
and the prisoners will be held for
trial in a federal district court.
Justice department officials said
today's action was a challenge to
President Roosevelt's war powers
under which he suspended the civil
rights of all persons-citizens or
alienS-Who during wartime enter
the United States to commit acts
of espionage and sabotage.
The saboteurs, in effect, are chal-
longing his right to do that under
a constitution that says ''the priv
ilege of the writ of habeas corpus
shall not be suspended, unless when
in cases of rebellion or invasion
the public safety may require it."
THEY'RE INVADERS
The Presidents suspension of the
saboteurs' civil rights was based
on the premise that when the NaziS
landed on the shores of New York
and Florida from submarines they
were fer all practical purposes in
vaderS' of the United States.
But the prisoners are asking, and
are being given an opportunity by
the supreme court, to question that
reasoning. 1t is a strange twist in
the most sensational trial of this
war-a war which has resulted in
abrogaticn of civil liberties in all
but a few remaining nations.
The opportunity granted the Nazi
SabOteurS is not strange in demo-
cratic America, but it is one that
would be denied them by the Nazis
had they landed in Germany bent
upon a destructive mission there.
ARMY MEN ARGUE
Todays pleas before the supreme
court were made by two army Off
GERS who were appointed by Presi-
dent Roosevelt to defend the Nazis
in their trial before the military
commission-Cols. Cassius M. Dow
ell and Kenneth Royal. They. in
effect, are questioning the authority
of their commander -in-chief who
ruled that the prisoners were not
entitled to a civil trial.
Elaborate preparations were made
fer the hearing in the huge marble
supreme court building The high
ceilinged courtroom was jammed
There are facilities to handle only
100 lawyers, SO reporters and 300
spectators. Although the prisoners
were NOT present, spectators start
ed arriving early to hear the ar
guments of The unusual case.
RESULT FORESEEN
The outcome-if favorable to the
priSonerS-may make it necessary
for Mr.. Roosevelt to suspend the
writ of habeas corpus for all per-
sons. as did Lincoln during the
Civil War, some legal authorities
said.
1t was recalled that in 1861 when
che Merryman cf Maryland was
seized under similar circumstances,
Chief Justice Roger B. Taney grant
ed a writ on grounds that the mill
tary sought to uSurp judicial au-
thority on the slightest pretext,
whereas no suspension of the writ
was lawful unless authorized by
Congress. The right of suspension
later was delegated by congress to
the President.
In another Civil War case, that
of Lambdin P. Milligan, the court
ruled that only in the actual theater
of military operations was some
substitute necessary fer civil courts
made powerless by war.
WAR EVERYWHERE
The governments attorneys in
today's case were expected to rely
heavily upon the argument that
modern warfare has NO clearly de-