Evening star., 1942-09-12

headquarters, so @aMl01M -
that in effect the David Lawrence.
denial of an appeal to registrants
can mean that there is no appeal
beyond the local organizations. The
new situation is described in a let
ter from Government appeal
agent as follows:
Originally an appeal could be
taken to the President (national
headquarters only if one or more
members of the Appeal Board func-
tioning in an appeal should dissent.
This was so unjust to the registrant
and so productive of discrimination
and preference that the regulations
were changed so that the Govern
ment appeal agent could take an ap-
peal or the registrant could take an
appeal upon the recommendation
of the Government appeal agent
even where the Appeal Board was
unanimous This made for uni
formity and more nearly constituted
that fair and impartial method
which the act calls for.
Two weeks or more ago Gen.
Hershey issued a memorandum stat
Ing that many of these appeals
lacked proper basis and caused un-
necessary delays in the functioning
OF the system. Stressing that the
appeal should be used with care
full attention to its primary func-
ton, which is to redress any serious
error or miscarriage of Justice af-
fecting either the registrant, his
claimed dependents or the national
interest, Gen. Hershey said:
The appeal to the President is
not to be used for the purpose of
establishing precedents, to accom-
plish wholesale classification by an
other classification agency, or to
settle disputes growing out of nat
ural and unavoidable variation of
viewpoints among the members OF
local boards and boards of appeal
Changed Again.
almost before the ink was dry
on this memorandum, and certainly
before the Government appeal
agents could adapt themselves to
it, the regulations have been
changed and the right of the Gov
ernment appeal agent to take an
appeal or to recommend that the
registrant be given the right to ap-
peal has been taken away.
Now an appeal can be taken by
the registrant or a dependent only
If one or more members of the
Board of Appeals dissented from
the classification appealed from.
If the Government appeal agent is
convinced that it is to the interest
of the United States or necessary
IN order to avoid great and unusual
hardship to the dependents of the
registrant, he may file request
that the State director appeal to
the President. If the State direc-
tor is convinced that an appeal
should be taken, it may be taken.
If not, no appeal will be allowed.
sit will be apparent that this is
. further whiting down of the
rights of the registrant, and un-
doubtedly Fastening of his trans
ference from civil to military life
The State director and the local
boards are under pressure to raise
military manpower and consciously
or unconsciously their decisions will
err on that side rather than on the
side of the registrant.
ITO be sure, the Government ap-
peal agents may advise the regis
trants to appeal TO the courts where
legal error has taken place. How
ever, few of the registrants are IN
position so to do financially and in
any event, most of them would fear
that the assertion of their legal
rights would be considered as evi-
dence of lack of patriotism.
Old System Functioned.
''That the old system was produc-
tive Of good will be revealed in the
numoer of instances in which the
President (the national headquar-
ters) reversed appeal boards and
local boards. In case which ]
took TO the President twice, he twice
reversed the appeal board and the
local beard.
While the State director now has
authority to allocate quotas or
the basis of available manpower
and while national headquarters is
also attempting to allocate quotas
on definite IA basis, this latter
attempt will probably take 80 days
as a minimum to work out, and ir
the meantime these new regulation.
will be IN effect.
I'VE can only hope that the State
director will allow appeals TO bt
taken where the appeal board il
clearly IN error and where a prece.
dent by the President would bt
desirable. My hope is not strong.
The. foregoing letter is selected
out of many letters complainin,
that the draft system is not beins
administered fairly. A large mum
ber comes from Government appea
agents, who certainly ought to know
the regulations and the details O
the system better than laymen.