Word: hershey
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Monro's criticism emerged as a result of the debate on the draft created by the institution of a deferment procedure similar to the one used during and after the Korean War. General Lewis B. Hershey, national Selective Service director, has said that present deferments will be re-examined now in light of class standing and scores on a new national test...
...surprise then that members of the subcommittee clashed repeatedly with Hershey during his testimony, and challenged his power to "act as judge and jury." The General's high-handed interpretation of congressional intent is surely erroneous. And Congress should make clear, either through resolution or legislation, that it does not intend local boards to operate as courts...
Apparently not even 25 years as Director of the Selective Service have thought General Hershey the limits of his power. Despite continuing criticism--from Congressmen and civil servants, as well as students--the General has reiterated his determination to allow local boards to use the draft as a punitive measure. Testifying before a House Education subcommittee last week, he claimed that a Michigan board was justified in reclassifying as 1-A a group of young men who staged a sit-in at the board's office; and he asserted that other boards should similarly induct people who "deliberately impede...
Stated in these terms, Hershey's principle is so clearly inconsistent with the established notions of the process and civil liberty that he could hardly hope to win the support of Congress. In keeping with the rights guaranteed by our Judicial system, violators of the law should be judged by courts, not by local draft boards; and punishment should never take the form of induction into the armed services...
Other governmental agencies may make administrative determinations without prior court decision. But draft boards are not equipped to operate as miniature federal commissions. The system is so decentralized and the law so vague that it would be impracticable for boards to rule lished by General Hershey are too imprecise to furnish a justiciable standard. In judging, for example, whether registrants have "deliberately impeded" a board's work, how will selective service officials ascertain the intent of obstructors or estimate the degrees of interference...