Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1946-10-05
Youth Reject Army
Compromise On
nduction Ban
Would Continue Enlistment Bar

Washington, d. C. (NNPA) =
Charles H. Houston and Joseph
c. Waddy, counsel for Robert B.
Kelly, 19-year old Armstrong High
School graduate, turned down
compromise proposal for settle
ment of Kelly's suit to enjoin tie
Army and Selective Service from
refusing to enlist or indust colored
men into the Army.
Ire proposal called for RECESSION
of all orders and regulations which
bar induction of colored men into
the Army through Selective Ser
vice but would have left. in effect
the War Departments suspension
of voluntary enlistments of color
ed men.
Both Secretary of War Robert
P. Patterson and General Lewis
B. Hershey, director of the Selec-
tive Service System, were said to
be willing to concede that orders
barring the induction of colored
men were illegal.
The Department of Justice was
reported to be willing to defend
the Army's cancellation of volun-
tary enlistments of colored men.
Mr.. Houston and Mr.. Waddy
were unwilling to accept COM
promise which would leave stand
ing the Army's cancellation of
voluntary enlistments of colored
men. If counsel for Kelly and
Justice Department lawyers can
not reach an agreement on the
last issue, Kelly's suit is expected
to come up within the next few
days on his motion to enjoin the
enforcement of any orders or reg
ulations which bar the enlistment
or induction of colored men on
any terms which are not applica-
Bile to white men.
The War Department, however,
was said to be taking immediate
steps to notify Selective Service
to restore the September and Oc-
tiber calls for colored registrants
and to take all men according to
their order number.
Kelly, last Wednesday filed a
motion in the District Court for
preliminary injunction to re-
strain Secretary of War Patter-
son, General Hershey, and their
agents from enforcing any order
or regulation barring his volun-
tary enlistment or induction into
the Army on terms not applica-
bit to white men.
He also seeks to restrain them
from barring his induction into
the Army through selective SER
vice and to restrain Local Draft
Board No. 81, which has jurisdic-
ton over him under the selective
service law, from calling for in
duction any registrant whose or
der number is higher than his.
Secretary Patterson, General
Hershey and Local Draft Board
No. 81 had five days in which to
file objections to the motion.
In an affidavit filed in support
of his motion, Kelly sets out that
he tried to get into the Army by
three different methods but was
rejected each time because he is
colored.
On August 8, the very day he
finished high school, his draft
board ordered him to report for
pre-induction physical examlna-
ton. He passed the examination
and on August 13 he was notified
that he was classified Ia, avail
able for immediate induction when
called.
With parental approval, on Sep
TENDER he sought to voluntarily
enlist, Kelly states, but was re-
iected under regulations issued by
Secretary Patterson suspending
the voluntary enlistment of color
ed men except in highly restricted
specialist grades.
Again with parental approval,
OH the same day, he presented
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