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(c) These Regulations shall become effective as specified in subparagraphs (a) and (b) of this section, and thereafter shall govern all registrants and selected men, and all procedure in regard to them, and notwithstanding that they may have been examined, selected, discharged, or exempted; and the process of examination and selection herein prescribed shall proceed as to them as completely as though no prior steps in the process of examination, selection, discharge, or exemption had been taken in respect of them.
Except that they shall not apply to those who, prior to December 15, 1917, have been actually inducted into the military service so long as such persons remain in the military service; and
1. All registrants who, at noon on December 15, 1917, have been ordered by their Local Boards to report for military duty and entrainment, and all procedure in relation to them, to the completion of mobilization, shall be governed by the Rules and Regulations heretofore existing.
2. Every registrant who, prior to noon on December 15, 1917, has been examined and selected and notified of selection (old Form 164-B) shall remain liable to be inducted immediately into military service in the order of his liability as heretofore fixed by his order number, unless and until, upon any call upon his Local Board for men, it shall appear that there is in Class I a sufficient number of men to fill such call, notwithstanding that such registrant may have been subsequently examined and classified under these Rules and Regulations and placed in a deferred class.
Note 1.--In this second edition of the Selective Service Regulations all changes, amendments, modifications, and additions in or to the said first edition of the said Selective Service Regulations promulgated by order of November 8, 1917, become effective on the dates of the respective promulgations thereof; and all changes, amendments, modifications, or additions which appear in this second edition without previous promulgation become effective on and after the date of the order promulgating this second edition.
All amendments, changes, and interpretations of these Rules and Regulations, and all directions and instructions issued or made by the Provost Marshal General hereunder, shall become effective as of the time when and to the extent specified therein.
Section 3. Repeal of preexisting Rules and Regulations.
On and after noon on December 15, 1917, all preexisting Rules and Regulations shall be and hereby are rescinded and repealed and shall have no further force or effect, except as provided in the foregoing section 2.
(a) The repeal of the preexisting Rules and Regulations shall not affect the validity of any act done under authority of, and in conformity with, such preexisting Rules and Regulations, subject to the provisions of the following section 4 revoking prior exemptions and discharges.
(6) All violations of said preexisting Rules and Regulations, and all penalties incurred as a result thereof, shall attach, and may be
prosecuted and punished in the same manner and with the same effect as if said Rules and Regulations had not been repealed.
(c) Nothing in this section or in the repeal of said preexisting Rules and Regulations shall be held to affect the position, duties, or authority of any member of any Local or District Board or of any other person heretofore appointed to perform any duty in connection with the administration of the Selective Service Law and of said preexisting Rules and Regulations, but all such persons shall hereafter continue to be invested with the same authority, and shall continue to perform the same duties, subject to the provisions of these Rules and Regulations.
(d) The said preexisting Rules and Regulations, so far as they relate to records and dockets, shall continue in operation; but only as to the preserving of all such records, and the completing of records concerning those registrants who, on or prior to December 15, 1917, had been or were in process of being inducted into the military service as aforesaid, and the completing of registration records. (See sec. 36.)
Note 1.—No parts of the Selective Service Regulations as promulgated in the first edition by order dated November 8, 1917, are repealed except by virtue of the changes, amendments, mod
ifications, and additions as provided in Note 1 of section 2, hereof. Section 4. Revocation of exemption and discharge.
All exemptions and discharges made prior to noon on December 15, 1917, and all certificates in evidence thereof are hereby revoked from and after noon on December 15, 1917, and all such certificates theretofore issued shall have no further validity.
In any case of deferred classification made under these Rules and Regulations the Secretary of War may order such deferred classification and any certificate issued in evidence thereof to be revoked and rescinded, and the registrant to be transferred to any less deferred class designated by the Secretary, except only as to such registrants as have been placed in Class V on account of legal exemption. Section 5. Notes and forms are part of regulations.
All notes contained in these Rules and Regulations are a part thereof and have the same force and effect as the regulations themselves.
All forms the use of which is prescribed in these Rules and Regulations, and all forms which were prescribed by preexisting Rules and Regulations and were in use before and at the date of these Rules and Regulations, the continued use of which is either expressly or impliedly required by these Rules and Regulations, together with the particular rules, instructions, and directions contained in all such forms, are a part of these Rules and Regulations and have the force and effect of the regulations themselves.
Note 1.-Whenever local conditions or administration are such as to bring up for consideration the need of a form not provided by the Provost Marshal General, a copy of the proposed form, with a full statement of the necessity therefor, and of its contemplated use, must be submitted to the Provost Marshal General for approval before the form is used. (Circular Letter January 17, 1918.) 692470_182
Section 6. Registrants and others charged with knowledge of
these Rules and Regulations. These Rules and Regulations have the force and effect of law, and all registrants, and all persons required by the Selective Service Law and these Rules and Regulations to be registered, and all persons claiming or to claim any right or privilege in respect of any registrant are charged with knowledge of the provisions hereof. Failure by any registrant, or by any person required to be registered, to perform any duty prescribed by the Selective Service Law or by these Rules and Regulations, whether or not the time of the performance of such duty is required by these Rules and Regulations to be posted or entered in the records of the Local or District Board, and whether or not formal notice is required by these Rules and Regulations to be given (such as registering and reporting change of status and other duties), is a misdemeanor, punishable by imprisonment for one year, and may result in loss of valuable rights and privileges and immediate induetion into the military service; and such failure shall also be considered as a waiver of any right or privilege which might have existed in favor of such person if he had performed such duty. Section 7. Notice to registrants and to all interested persons
and effect of such notice. (a) The process of examination and selection of registrants, under these Rules and Regulations, shall begin by the posting of notice in the offices of the Local Boards on Form 1002 (p. 216), and by mailing a Questionnaire (Form 1001, p. 188) to every registrant included within such posted notice, as provided in section 92 hereof; and notice of every subsequent action taken by either the Local or District Board in respect of each registrant shall be given by entering a minute or date of such action on the Classification List (Form 1000, p. 187) in the oflice of the Local Board, and in addition to such entries, by mailing to the registrant (and in some cases to other claimants) a notice of such action. (See sec. 90.)
(6) Whenever a duty is to be performed or a period of time begins to run within which any duty is to be performed by any such registrant, or within which any right or privilege may be claimed or exercised by or in respect of any such registrant, a notice of the day upon which such duty is to be performed, or such time begins to run, shall be mailed to the registrant, and the date of such mailing of notice shall be entered opposite the name of such registrant on the Classification List, which is always open to inspection by the public at the office of the Local Board.
(c) In addition to the mailing of such notice to registrants, notice of the disposition of claims of other persons in respect of registrants shall be mailed to such other persons.
(d) Either the mailing of such notice or the entry of such date in the Classification List shall constitute the giving of notice to the registrant and to all concerned, and shall charge the registrant and all concerned with notice of the day upon which such duty is to be performed or the beginning of the running of the time within which such duty must be performed or such right or privilege may be claimed, regardless
of whether or not a mailed notice or Questionnaire is actually received by the registrant or other person.
(e) Failure by any registrant to perform any duty prescribed by the Selective Service Law or by these Rules and Regulations, at or within the time required, is a misdemeanor, punishable by imprisonment for one year, and may result in loss of valuable rights and immediate induction of such registrant into military service.
(f) Failure of the registrant or any other person concerned to claim and exercise any right or privilege on the day or within the time authorized by these Rules and Regulations, shall be considered a waiver of such right or privilege, and shall foreclose such person from thereafter claiming the same, subject only to the privilege granted by these Rules and Regulations to apply for an extension of time.
(9) All registrants and other persons concerned are required and strictly enjoined to examine, from time to time, said notice, Form 1002 (p. 216), so posted by the Local Board, and the Classification List, upon which said dates are to be entered, in order to be informed of the time for the performance of any duty or the exercise of any right or privilege; and it is the duty of every registrant concerning whom any notice is posted, but who for some reason has not received the Qustionnaire or notice, as the case may be, to apply to his Local Board for a copy thereof. Failure to receive notice or Questionnaire will not excuse the registrant from performing any duty within the time limit, nor shall it be in itself ground for extension of time.
Section 8. Computation of time.
In computing the several periods of time within which any act is required or permitted by the Selective Service Law and these Rules and Regulations to be performed by registrants and other persons, the day of the posting of notice, and Sundays and legal holidays, shall be excluded.
Section 9. Boards may summon and examine witnesses.
Every Local and District Board shall have power to summon any registrant or any other person to appear and testify as a witness before it in regard to facts, matters, and information within the knowledge of such person relating to any case pending before such Board. (See limitation of power of District Board to take testimony, Rules XXXVI, XXXVII, Sec. 107.) Such summons (Form 1003, p. 217) shall be directed to the person to be produced as a witness and shall be served by any of the police authorities mentioned and described in section 1. par. O, hereof. Upon request of any member of a Local or District Board, it is hereby made the duty of any such police officer to serve such summons and make the usual return thereon. Thereupon the witness shall be compelled to appear and testify before such Local or District Board in the same manner as witnesses may be compelled to appear and testify in court. Said Local or District Boards shall be entitled, upon summary application, to the aid of the courts of the United States to compel such attendance and the giving of testimony.
Every person testifying before any Local or District Board as herein provided shall first swear that he will tell the truth, the whole truth, and nothing but the truth in answer to such questions as may be propounded to him by any member of the Board concerning any case pending before such board. Section 10. By whom oaths may be administered.
Any oath required by these Rules and Regulations (except oaths to persons called before Local or District Boards to give oral testimony) may be administered,
(1) By any Federal or State officer authorized by law to administer oaths generally;
(2) By any member or chief clerk of any Local or District Board having jurisdiction of the registrant;
(3) By any Government Appeal Agent in regard to any case pending before any Local or District Board with which he is connected;
(4) By any permanent or associate member of a Legal Advisory Board; and
(5) By any postmaster within the same local jurisdiction as the registrant.
Any member of any Local or District Board may administer oaths to any persons called before such board for oral examination in regard to facts and matters relating to a case pending before it.
When the oath or oaths are administered by any of the persons named in classes 2, 3, 4, and 5 hereof, there shall be no fee or charge for the same. Section 11. Public records of District and Local Boards.
All records required by these Rules and Regulations to be filed with and kept by Local and District Boards, Adjutants General, and other persons in connection with the registration, examination, selection, and mobilization of registrants under the Selective Service Law, and these regulations shall be public records and shall be open during usual business hours for public inspection of any and all persons. (See sec. 12.)
Provided, however, That the answers of any registrant concerning the condition of his health, mental or physical, in response to Series II of the questions under the head entitled “Physical Fitness,” in the Questionnaire, and other evidence and recordš upon the same subject, and the answers of any registrant to the questions under Series X of the questions under the head entitled “Dependency” in the Questionnaire, except the names and addresses of the persons claimed to be dependent upon such registrant, shall not, without the consent of the registrant, be open to inspection by any person other than members of Local and District Boards, examining physicians, members of Medical Advisory Boards, Government Appeal Agenis, and other persons connected with the administration of the Selective Service Law and these Rules and Regulations, and United States attorneys and their assistants, and officials of such bureaus or departments of the United States Government as may be designated by the Secretary of War.
Any person connected with the administration of the Selective Service Law and these Rules and Regulations who shall divulge