Section 34. Organization and Procedural Rules of District Boards.

The District Board shall consist of at least five members, who shall select one of its members as chairman and another as secretary. The members of each District Board shall take the oath prescribed by section 14.

For clerical organization of District Boards, see section 43.

A majority of each District Board shall constitute a quorum for the transaction of business, and a majority of those present at any meeting may decide any question before such board for decision.

The chairman or acting chairman shall vote on every claim for exemption or deferred classification, whether his vote be necessary to decide a tie or not. Every question upon the allowance of a claim for exemption or deferred classification, whether upon appeal or otherwise, shall be put in the following manner:

Shall the claim for exemption or deferred classification be allowed? and upon a tie vote the claim shall be disallowed.

A District Board may act through committees of members of the board, but all decisions of the committees shall be submitted to a majority of the board, and, if approved by the board, they shall have the force and effect of decisions of the board.

Note 1.-See n. 3, sec. 111.

District Boards may make rules of procedure not inconsistent with the Selective Service Law or with these Regulations.

Section 35. Jurisdiction of District Boards in cases where a Local Board has original jurisdiction.

Each District Board shall have appellate jurisdiction, as defined in section 4 of the Selective Service Law, to review the final decision of any Local Board having original jurisdiction of a case, and to affirm, modify, or reverse the same, provided there has been filed with the Local Board a claim of appeal as provided in section 104 hereof. The decision of a District Board on any question reviewed by it on appeal from any Local Board within its jurisdiction shall be final, except as provided in sections 20 and 111 of these regulations. Section 36. Exclusive Original Jurisdiction of District Boards.

District Boards shall have exclusive original jurisdiction to hear and determine all questions or claims for deferred classification by or in respect of "persons engaged in industries, occupations, or employments, including agriculture, found to be necessary to the maintenance of the Military Establishment or the effective operation of the military forces or the maintenance of national interests during the emergency.

Claims for deferred classification on the ground that the registrant is engaged in an industry, occupation, or employment, including agriculture, together with supporting affidavit evidence, must be filed with the Questionnaire of the registrant with the Local Board; but the District Board may, in its discretion, receive from or call upon registrants or other persons for such additional evidence as it may desire, in respect of a particular claim for deferred classification on the ground of engagement in an industry, occupation, or

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employment, including agriculture, or in respect to general conditions of an agricultural or industrial enterprise or occupation or employment as the same relates to a particular, case or in respect to the situation in the district generally in regard to such industry, occupation or employment, including agriculture. (See Rule XXXVI, sec. 107.) The District Board may refer any matter directly or indirectly connected with a claim for deferred classification on the grounds mentioned in this paragraph to any Local Board or Government Appeal Agent within its jurisdiction or to an agent of the Department of Justice, for investigation and report.

All such additional evidence in respect of a particular case should, upon receipt, be attached to, and thereafter remain with, the Questionnaire of the person to whom it relates. A summary of any general information obtained and considered by a District Board in passing upon a particular claim for deferred classification on the ground of engagement in an industry, occupation, or employment, including agriculture, and not contained in such additional evidence, should also be attached to and thereafter remain with the Questionnaire containing such claim.

The decision of the District Board on any question within its original jurisdiction to hear and decide shall be final, except as provided in sections 20, 111, and 112A hereof.

Note 1.-District Boards should feel free to consult with Local Boards, to return records with a request for additional information on them, and to compose differences of classification by this method. In this way only can uniformity of decision and action-o essential to the even execution of the law-be secured. (Telegram A-4134, February 8, 1918.)

Note 2.-District Boards have no power of certiorari, nor have they authority to issue general instructions by bulletin or otherwise to Local Boards. Their power to issue instructions to Local Boards is limited to instructions in individual cases as specifically authorized in the Regulations and not otherwise. When a District Board is of opinion that any Local Board within its territorial jurisdiction is not complying with the Regulations the facts should be reported to the Adjutant General of State.

E. LOCAL BOARDS.

Section 37. Constitution of Local Boards.

There having heretofore been established by the President, in pursuance of the authority of section 4 of the Selective Service Law, a Local Board or Boards in each county or similar subdivision in each State, and one for approximately each 30,000 of population in each city of 30,000 population or over, each of said boards shall exercise its jurisdiction and functions within its territorial limits as heretofore established. Counties that have no administrative organization and for which no Local Board has been created and established shall be held to be, for all purposes of these Rules and Regulations, within the jurisdiction of the counties to which they pertain for judicial purposes.

The independent cities of Virginia having less than 30,000 population shall, for all the purposes of these Rules and Regulations, be

held to be within the respective counties in which the respective independent cities have been designated to be when the Local Boards were established in such counties.

Section 38. Organization and procedural rules of Local Boards. Members of Local Boards shall take the oath prescribed in section. 14 of these regulations.

A majority of each Local Board shall constitute a quorum for the transaction of business, and, except as provided in Section 101, Rule XXVIII, and in Section 123, a majority of those present at any meeting may decide any question before such board for decision. If, in the case of a board consisting of three members, any two members are unable to agree, the matter upon which they disagree shall be submitted to the board when all three members are present.

The board shall choose one of its members to be chairman and one to be secretary. If one member of the board is a licensed physician, he shall act as examining physician of the board. (See sec. 196.) Local Boards may make rules of procedure not inconsistent with the Selective Service Law or with these Rules and Regulations. For clerical organization of Local Boards, see sec. 29 n. 4 and sec. 43.

Note 1.-The determination of the question of physical qualification is to be decided by vote of the Board.

Section 39. Areas over which Local Boards have jurisdiction.

Where there is but one Local Board in a county or other subdivision or in a city of 30,000 population or over, it shall have jurisdiction over the county, city, or other division, but where there is more than one Local Board in a county, city, or other division, each shall have jurisdiction, respectively, over an area designated by the Governor containing a population of approximately 30,000.

Section 40. Persons over whom Local Boards have jurisdiction. Each Local Board shall have jurisdiction in its area (see sec. 39) of jurisdiction in respect of persons who are registered therein, or who shall be registered therein as herein provided, and in respect of any person whose registration card has been duly delivered to and remains in the possession of such Local Board (see sec. 62); and also of all questions to be heard and determined by such Local Board under the terms of the Selective Service Law and these Rules and Regulations, and shall have full authority to do and perform all other acts authorized to be performed by a Local Board by the Selective Service Law or rules, regulations, or directions of the President.

Note 1.-On account of their familiarity with agricultural conditions in their jurisdictions, Local Boards will pass upon all applications for farm furloughs, granted under general orders No. 31, April 2, 1918, issued pursuant to Public Act No. 105, 65th Congress, approved March 16, 1918. (Telegram B-518, April 18, 1918.)

Section 41. Places in which Local Boards are to hold sessions.

In cities and counties in which there is more than one Local Board (see sec. 39), the boards may hold their sessions in a central building such as the courthouse or city hall, although such building may not be in the technical territorial jurisdiction of the boards, if such place is convenient for persons whose cards are within the jurisdiction of the board.

In cases where the territorial jurisdiction of the board is large or where convenience will be served thereby, Local Boards may hold sessions in such different places in their jurisdiction as will best accommodate the convenience of persons who are to appear before them.

Local Boards may decide for themselves the place of their permanent location, but, upon the recommendation of the Governor, the President may designate some other place of permanent location. Section 42. Additional examining physicians.

In addition to the licensed physician who is a member of the board or if no licensed physician is a member of the board, the Governor or the Local Board shall designate and appoint additional examining physicians, subject to removal by the Governor at his pleasure.

It shall be the duty of persons thus designated to act as examining physicians of the Local Board for which they are designated, and they may be compensated at rates hereinafter prescribed. (See sec. 196.) In addition to the number of physicians that may be thus designated and compensated under the above authority, volunteer physicians in any convenient number may be utilized for the examination of registrants upon appointment as aforesaid.

Examining physicians (unless actually appointed by the President as members of boards) are not to be considered as members of such boards. They should take the oath prescribed in section 14 of these regulations. They shall have no vote on any question to be decided by said board. (See secs. 122, 124.) Their report on the physical examination of a registrant is advisory only.

Note 1.-The services of volunteer dentists to aid in physical examination of registrants by Local Boards may be utilized, but they are not members of Local Boards and have no vote. (See Form 75.)

Section 43. Clerical Assistants for State Headquarters and for District, Local, and Medical Advisory Boards.

(a) When authorized by the Governor, on and after September 1, 1918, as prescribed in section 198 hereof, there may be employed the necessary clerks for State Headquarters, District Boards, Local Boards, and Medical Advisory Boards: Provided, That no clerk shall be paid at a rate in excess of that fixed for clerks of Local Boards in paragraph (c) of this section without specific authority of the Provost Marshal General in each case.

(b) The maximum allowance for clerical services for a Local Board for any one month will be determined by the number of registrants under the jurisdiction of the Board on the 1st day of the month for which the allowance is made, deducting from the total

registration all inductions (including those of deserters), transfers, cancellations, deaths, and classifications in Class V, during previous months, in accordance with the following table:

Table of maximum monthly allowances to Local Boards for clerical services.

(c) The monthly allowance made to a Local Board under the foregoing table may be expended by the board for clerical services at the discretion of the board members subject to the following exceptions: No clerk of any Local Board shall be paid in excess of the rate of $100 per month without specific written authority of the governor in each case, or in excess of the rate of $150 per month except upon special recommendation of the governor to the Provost Marshal General and specific authority of the latter in each case, as prescribed in section 198 of these regulations.