Evening star., 1943-08-17
Judge Frees 7
PoconloI;e Men
From Service
Moy Be Called When
Single Inductees Are
Exhausted, He Rules
~ the Associated Press.

~ the Associated Press.
BALTIMORE. Nd. Aug. 1.-Two
childless married men from POGO.
moke City today awaited their re.
lease from the armed services FOL.
lowing Federal judges ruling that
they were inducted improperly.
Federal Judge w. Calvin Ches.
nut yesterday granted the men
writs OF habeas corpus and ruled
that they should be released be.
cause they were inducted while
single men were available.
Judge Chesnut specif1ed, how.
ever that his decision did not pre-.
vent further induction In another
call when single men might not BE-
available on the rolls Of the Wor.
cester County Draft Board.
No Bias CHARGED.
The jurist decided that the local
draft board Intentionally disre.
garded'' regulations and directives
issued by National Selective Services
ofncials and that, as result, the
induction Of Stanley Gilmer Bayly,
81, and Roland Frank Bevins, SO.
was legally arbitrary and capric.
ious.o
The two men filed petitions for
writs Of habeas corpus shortly after
they were taken into the armed
forces on July 28, Mr.. Bayly into
the Army and Mr.. Bevins into the
Navy. So far the men have been
on furlough.
Judge Chestnut said the members
of the Worcester County Draft
Board were not actuated by any
personal bias or feeling against
either Of the men. or the three other
married men selected for induction
In July under almost similar cir-
cumstances. The other three have
not instituted court proceedings.
No PRESIDENTS Exist.
The court pointed out In an lS-
page opinion, summarizing evidence
taken at three-day hearing, that
there were no existing legal prece-
dents either from the World War
or the present conflict, possibly be-
cause mo local board has hereto
fore undertaken to substitute its
own Judgment as to the order Of se-
lection and induction for an appli-
cable regulation upon the subject"
Although the selective service law
does not provide for review by the
courts, Judge Chesnut held that
courts clearly have general power
to release persons improperly de-
tanned, even from military service
If the law OF the land with respect
to their selection and induction has
been disregarded by the admins
ftrative. tribunal to their prejudice"
Army officials had contended that
both Mr.. Bayly. and Mr.. Bevins
could have been inducted In April
except for two-month stays of In
duction granted In what swas de-
scribed as q somewhat irregular"
manner.
-su Disregarded Regulations.
"A selective service directive issued
in April specified that after men
who had volunteered, quotas should
be filled from groups including
single men, those with no depend
ents, those with collateral depend
ents, and married men, In that
order.
"The board here made no effort to
apply the regulation but intention
ally disregarded 1t, and substituted
therefore its own Judgment rs to
the order Of selection, of regis
trants," Judge Chesnut's opinion
said.
"It first departed from its GUS
tomary practice by taking the selec-
ton out of the hands of its expert.
enced clerk, and then. ignored the
specific letter and protest Of the
Government appeal agent and
further answered the inquiry of the
State director of selective service by
simply assuring him that the pro-
cedure was entirely regular, and
without informing him of the par
ticular facts" Judge Chestnut con-
tinued.
The court also said that the de-
cision is not applicable to married
men generally, but only to the par
ticular cases before him.