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ing all papers that such registrant is required to submit in the process of the selection of citizens of this Nation for duty in the present emergency
Note 1.-Associate members of Legal Advisory Boards must be designated and appointed by each Legal Advisory Board to which such Associate members are attached, must take the oath required by Form 1033 (p. 269), Section 317, and may administer oaths as authorized by Section 10. (C. S. S. R., No. 2, Jan. 25, 1918.)
Note 2.-The three members of the Legal Advisory Boards appointed by the President are merely to constitute a nucleus to direct the work of all the lawyers of the community who should be called upon to group themselves about the permanent board
as prescribed in Section 30. (Telegram 10152, Nov. 17, 1917.) Section 31. Adjutants General.
Normally the office through which the Governor exercises his functions in the administration of the Selective Service Law shall be the office of the Adjutant General; but where there is no Adjutant General or where the Governor selects another person or administrative department of the State government, the person or the department so selected shall be intended by the words “Adjutant General
as used herein. The office organization of State Adjutants General for the execution of the Selective Service Law shall include
(a) Assistant to State Adjutant Generai.—To assist the Adjutant General of the State in the performance of the duties devolving upon him in the execution of the Selective Service Law, one or more officers of the Army will be commissioned by the President and assigned to duty, under the direction of the Governor, for service in the State in connection with the execution of the Selective Service Law. Such officer should be assigned by the Governor to duty in the office of the State Adjutant General or such other administrative office or department of the State government as the Governor may select as the office or department to be in charge of the execution of the Selective Service Law within the State. An officer so assigned shall receive no compensation other than his pay and allowances as an officer. The officer so assigned shall act as disbursing officer at State headquarters. (See sec. 191.).
(6) Visbursing officers. The disbursing officer is charged with the duty of paying all lawful accounts, payable from Federal funds, for materials furnished and services rendered in the execution of the Selective Service Law. When specially authorized by the Secretary of War, additional disbursing officers to care for disbursements in large cities may be appointed.
(c) Inspectors.-In order to correct errors and to secure uniformity in the execution of the law, members of Local or District Boards who have shown marked aptitude and zeal in the execution of the Selective Service Law, or other specially qualified persons, may be directed by the Governor to visit Local or District Boards to view the methods of such Boards, to suggest improvements, and to report to the Governor on the execution of the law. (See sec. 192 for compensation.) Such directions are not to be regarded as permanent appointments and compensation for such services ought to be claimed only where necessary. When claimed it may be paid only
for the time the person so directed is actually engaged in making such visits. The Provost Marshal General may, in his discretion, appoint inspectors to act under his direction in any State and may fix the compensation which they will be paid for their services.
D. DISTRICT BOARDS.
Section 32. Constitution of District Boards.
There having heretofore been established by the President, in pursuance of the authority of section 4 of the Selective Service Law, a District Board or Boards for every Federal judicial district and territory and the District of Columbia, each of said boards shall exercise its jurisdiction and functions within its territorial limits as heretofore established. Section 33. Status of members of Local and District Boards. Section 6 of the Selective Service Law provides that:
All persons designated or appointed under regulations prescribed by the President, whether such appointments are macie by the President himself or by the governor or other officer of any State or Territory to perform any duty in the execution of this Act, are hereby required to perform such duty as the President shall order or direct, and all such officers and agents and persons so designated or appointed shall hereby have full authority for all acts done by them in the execution of this Act by the direction of the President.
Any person charged as herein provided with the duty of carrying into effect any of the provisions of this Act or the regulations made or directions given thereunder who shall fail or neglect to perform such duty who, in any manner, shall fail or neglect fully to perform any duty required of him in the execution of this Act, shall, if not subject to military law, be guilty of a misdemeanor, and upon conviction in the District Court of the United States having jurisdiction thereof be punished by imprisonment for not more than one year, or, if subject to military law, shall be tried by court-martial and suffer such punishment as a court-martial may direct.
Under this authority members of boards are as effectively drafted for this duty as are registrants who are selected for military service and as such are entitled and should be given deferred classification whenever certified by the Governor of the State as necessary in the administration of the Selective Service Law. Appointments and changes in membership of boards will be made by the President upon the recommendation of the Governor. Applications for relief from such appointments should be made to the Governor, who should investigate the circumstances and recommend relief only in cases involving hardship. Applications for such relief will be considered only when submitted through the Governor. The telegraph should be used in making these recommendations only in cases whose urgency seems to justify the additional expense.
Note 1.-Responding to a request that the commissioning of medical members of Local Boards be discontinueed for the present, except in instances where the Provost Marshal General consents, the Surgeon General stated that every effort would be made to carry out the wishes of the Provost Marshal General, and that local examiners for the Department of War would be requested in forwarding the papers of applicants for appointment in the Medical Corps to indicate whether or not the appli. cant is a member of a Local Board. (Circular Letter, August 23, 1918.)
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
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 112 A hereof.
Note 1.-District Boards should feel free to consult with Local Boards, to return records with a request for aduitional information on them, and to compose differences of classification by this method. In this way only can uniformity of decision and action-50 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.
Seetion 39. Areas over whici 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, cach 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.
Nota 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.)