Evening star., 1942-07-31
President Is Upheld
By Supreme Court
On Soboteurs' Trial
Authority to Order
Court-Murtiul for
Nozis Sustained
BY JAMES f. CHINN.

1He supreme OOuTt tOudy up
held the authority of President
Roosevelt in creating a special
military commission to try the
eight Nazi saboteurs who slipped
into this country on U-boats on
a mission of destruction.
Action of the court, which met in
extraordinary session to consider the
case of the German agents. defeated
their attempt to obtain a new trial
before a civil court. instead Of =
military commission which has the
authority to order their death either
before firing squad or on the gal
lows.
The court, after two-day ses-
sion, held that the military COM
mission appointed by the President
was lawfully constituted" and that
the prisoners have failed to show
any cause for being discharged" by
the military commission for new
trial in the civil courts.
Speedy Conclusion Seen.
The commission, which began its
secret sessions July 8. Is now finish
ing the case and, Attorney General
Biddle, elated over the courts ruling.
said the arguments before the COM
mission would be concluded speedily
and that the commission might be
able to report verdict to the Presi-
dent early next week.
Col. Kenneth C. Royal, one Of the
Army officers assigned to the de-
tense, expressed doubt that the pro-
ceedings would conclude so quickly,
however, apparently indicating an
intention to plead at length for the
prisoners lives
Chief Justice Stone announced
that the court denied the prisoners
motion to file writs OF habeas corpus.
The courts decision found:
!. That the charges preferred
against the petitioners on which
they are being tried by military COM
mission appointed by the order of
the President OF July 2, 1912, allege
an offense or offenses which the
President is authorized to order tried
before military commission.
%. That the Military Commits
sion was lawfully constituted;
"3. That petitioners are held In
| lawful custody, for trial before the
Military Commission and have not
shown cause for being discharged
by writ of habeas corpus"
Full Opinion to Come Later.
The courts announcement said
judgment was entered "in advance
of the preparation of full opinion
which necessarily will require
considerable period of time. for its
preparation and which, when pre-.
pared. will be filed with the clerk"
Justice Stone pointed out that
Justice Murphy, who disqualified
himself from participation in the
case because he is on active duty in
the Army, took no part in the
consideration or decision of these
cases"
The military commission trying
the eight Nazis, anticipating the de-
cision OF the Supreme Court, re-
sumed its proceedings this morning
after a two-day recess, but ad-
1ourned just in time to reach the
Supreme Court to hear the decision.
1t will meet again this afternoon.
Nature Of Case Indicated.
The argument before the ST.
preme Court indicated the nature
OF the prosecution and defense
pleas behind closed doors in the
Justice Department building.
The prosecution alleged that the
eight Nazis left this country for
Germany with funds furnished by
the German Herbert
Hans Haupt travelling on a German
passport-and attended a sabotage
school near Berlin They then EN-
barked from L'Orient, France, in u
boats equipped with extensive para
phernalia and specific instructions for
the destruction Of important dams,
factories and other installations
In this country and plotted a two
year campaign of sabotage to
further the Axis cause, the prosecu-
ton claimed.
The defense claimed the men. all
former residents of the United
States, were loyal to this country.
that they attended the sabotase
school and boarded the submarines
as the only means Of fleeing Ger
many, that they buried their ex-
plosives in the sand after landing
and did nothing to carry out any
sabotage campaign, and that they
were planning to report to the au-
| thorities.
Mr.. Biddle in his closing argument
tSee SABOTEURs, page A-6.1