Evening star., 1943-09-16

views are composed OF military ON.
GERS. The public has been told, for
instance, that deferinents for occu-
pational or other reasons are ham
died by civilians and that appeals
boards are composed of civilians
and that the final review Is by the
President of the United States.
Actually the President doesn't see
these cases. They are handled by a
group of Army officers in the Selec-
tive Service headquarters and "rec-
concentrations" equivalent to final
decisions are handed to Maj. Gen.
Hershey, who acts in behalf of Mr..
Roosevelt. The presidential review
is purely theory, and in sense
the language of the act is being
disregarded. Not long ago Su-
preme Court decision ruled that
where a statute required a hearing
by an ofiicial named in the law. the
hearing function could not be dele
gated As 1t was judicial. Mr.. Roose-
velt could not, Of course. review the
cases before him or hold hearings.
but he might well have designated
Judge Rosenman or some other per-
son in a civilian capacity to act in
his name in accordance with the
spirit of the law.
Hershev Testimony Cited.
The fact that Army officers rule
the roost at Selective Service head
quarters is disclosed by the testi-
mony before a subcommittee of the
House Committee on Appropriations
In the last Congress. 1t ran in part
as follows:
Representative Hare, Democrat,
of South Carolina: What is your
total employment-in the depart
mental headquarters and in the field
service?
Gen. Hershey: In the depart
mental we have total of 1871 per-
sonnel.
How many personnel do you
have In the field service?
In the field service we have
23,oo7.
THAT does not include commits
stoned officers?
mo, neither of these totals in
clude the commissioned officers.
How many commissioned officers
do you have?
I'VE have 553 commissioned ON
GERS. That figure includes the held
and national headquarters.
THAT figure is not included in
your budget?
"No. sir.
Are they paid by the War De-
partment?"
Gen. Hershey-Yes."
The Selective Service Act provides
that the President may at any time
permit officers on the active or
retired list of the Army, Navy or
Marine Corps to perform functions
for the Selective Service System,
but specifically says they may not
serve "on local boards, appeals
boards or agencies of appeal.
But while local boards do not have
Army officers, there are several Army
men serving as State directors and
issuing instructions to local boards
and really passing Judgment on
their requests in connection with
the operations of the law.
Army Judge and Jury.
The President on December q,
1910, delegated authority to handle
presidential appeals" to Gen. Her
shey, then transferred 1t on De.
cember 5, 1912, to Manpower Com
mission Chairman McNutt by ex-
ecutive order. He, in turn, redele-
gated it to Gen. Hershey, who has
set up a board of review" consisting
entirely of commissioned officers
who presumably get their pay from
the War Department. While 1t is
stressed that these men have no
authority to make decisions, actually
they do make them.
Thus does the Army act as Judge
and jury on the matter OF defer
ments, and the aforesaid board of
review does not permit any testi-
mony to be taken from an employer
nor does 1t grant any hearings. It ia
strictly a star-chamber affair such
Is the military mind naturally
would impose.
That's one reason why industry
has had such labor turnover. The
disruption Of personnel on the West
Coast In aircraft plants has grown
to'such lengths that it is referred to
m the Baruch report which has
thus far been suppressed. Secrecy
Is always absolutely essential to
protect blunders.
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