Evening star., 1943-08-27
4-F Farm Hand Gets 80 Duys
In Work-or-Fiight Law Case

In Work-or-Fig|
A Laytonsville. Md, youth. who
had been rejected for military serv-
ice. was being held in the Rock
vile Jail today after his convic-
ton in the Trial Magistrates Court
yesterday on charge of violatin
the Maryland work or fight" law.
Stanley Day, 10, was given a 80
day Jail sentence by Judge Donald
A. De Lashmutt after Harry Bus
sard, a Laytonsville farmer, testi-
fed that the youth had failed to
report for a job cutting corn at
prevailing wages for that type of
work.
Rockville draft board officials said
the youth had been classified 4-F,
but not for physical reasons. They
would not give the reason for his
rejection. They added that Day
had been a farm worker all his life.
According to Assistant States At
torney Alfred D. Noyes, Mr.. Bussard
testified that Day accepted a job
cutting corn last Saturday and was
to report for work on the following
Monday. He said the youth did not
show up for work and had not taken
any other job.
Mr.. Noyes said that under provis-
ions OF the Work or Fight" Act.
passed by the last session of the
Maryland Legislature and applicable
to IA counties in the State, a male
between the ages of 16 and so, who
Is physically fit and is not in the
armed services, the State Guard or a
teacher or minister, and who refuses
to accept employment at prevailing
wages. may be .deemed. guilty of Z
misdemeanor. z d"
He said the law does not provide
that "a man must work or fight, !"
but only that q man not in the
armed forces must accept employ
ment.
Judge DeLashmutt said the law
was passed TO make men who have
been rejected by the Army work, as
much as for any other reason. He
said Day was not turned down by
the draft board for physical reasons
and his 4-F status had nothing to
do with the case.
farmers have crops in the fields
they cannot harvest" Judge De-
Lashmutt said. II was just talking
to farmer this morning who said
he couldn't find men to harvest his
crops. even in this drought
Mr.. Noyes said he was told by
Mr.. Bussard when the farmer came
to his office to make the complaint
concerning Day. that the youth had
been turned down by his draft
board.
Mr.. Noyes said he had not checked
with the draft board, as his draft
status lin no way affected the pro-
visions of the act"
Mr.. Noyes said the youth pleaded
not guilty and requested trial by the
trial magistrate instead OF a jury.
He said no testimony concerning his
draft status was brought out at the
hearing.
Objected TO Pay.
The States attorney said the boy
testified that he had accepted the
job but had failed to report because
he thought the pay was too low. He
admitted that he had accepted no
other employment on that date.
Mr. Nnuec co;I Dou fact{ReI
he had worked for Mr. Bussard on
other occasions, and added that he
had not received enough paw tor
this work and had decided not to
report for the job last Monday.
Mr.. Bussard told The Star that
he and Day had made no specific
wage agreement when the boy prom
ised to report for work.
Il asked Day what he wanted, but
he wouldn't say" Mr.. Bussard said.
II then asked him If 50 a day would
be all right, and he said it would"
Mr.. Bussard said the boys father
had worked for him ION and off" for
the last 10 years. He said earlier in
the summer both Day and his father
did some work on the farm and the
boy was paid by his father, when he
got the money from Mr.. Bussard.
Mr.. Noyes said no testimony vas
brought out in the trial concerning
Days physical fitness. He said the
youth had done this type of farm
work before and it was taken for
granted that he was physically fit
to continue.
He said the youth could have Ii ad
counsel and benefit of testimony if
ne had requested it.
Has 10 Days to Appeal.
Mr.. Noyes said in routine police
work ii the county persons rarely
are requested to show their draft
cards and that he could not say
what Days draft classification was.
He said he was registered with the
Rockville Selective Service Board,
but he had not checked with board
officials. since it had no bearing on
the case.
Mr.. Moves said he did not know
whether Day would enter an ap-
peal. He said the boy has 10 days
In which to appeal.
R. A. Grimes, about 40, charged
with violation of the work or fight"
law In that he failed to report for
job which he accepted with Frank
Esworthy, Darnestown farmer
also was convicted and was fined
$50 by Judge De Iashmutt. On
payment of the fine he was held
on disorderly charge.
Mr.. Noyes said Grimes was of-