The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 812

                                
250 FEDERAL REPORTER

BOITANO v. DISTRICT BOARD, NORTHERN DIST. NO. 3,
SACRAMENTO, CAL., et al.
(District Court, N. D. California, First Division. April 20, 1918.)
No. 16363.
1. ARUY AND NAVY X2(--SELECTIVE SERVICE LAW-C ASSIFICATION OF REG-
ISTRANTS.
Under section 72, rule 5, of the presidential regulations for enforce-
ment of Selective Service Law May 18, 1917, c. 15, 40 Stat. 76, which
requires draft boards to scrutinize marriages by registrants made since
the passage of the act, to determine whether their primary purpose was
to evade military service, and authorizes them, "unless such is found
not to be the case," to disregard the relationship as a gromiund for de-
ferred classification, if the circumstances disclosed by the record are
such as to induce a belief that a marriage was contracted for such pur-
pose, the registrant must show that such was not the case.
2. ARMY AND NAVY  -20-SELECTIVE SERVICE LAw-CLASSIFICATION OF REG-
ISTRANTs---REVIEW BY COURTS.
The decision of a district draft board as to the classification of regis-
trants, being made final by the act, is reviewable by the courts only
where the registrant has been denied a fair hearing, or the action of
the board was manifestly unfair.
Certiorari by Joseph Boitano against the District Board, Northern
District No. 3, Sacramento, Cal. Writ discharged.
E. B. D. Spagnoli, of Jackson, Cal., for petitioner.
John W. Preston, U. S. Atty., and Caspar A. Ornbaun, Asst. U. S.
Atty., both of San Francisco, Cal., for respondents.
DOOLING, District Judge. The proceedings sought to be reviewed
here are proceedings taken under the Selective Service Law. The local
board of Amador county, upon the return of petitioner's questionnaire,
which showed that he was a married man, with a dependent wife and
an unborn child, placed him in class IVa. Upon appeal by the govern-
ment, the district board placed him in class I, and in due time he was
directed to report for military service. He then applied to this court
for a writ of certiorari, which was issued, and a hearing was had upon
his petition and the return made thereto by the two boards. The record
shows that petitioner was married on June 27, 1917, after the pas-
sage of the act, and after the petitioner had registered thereunder pur-
suant to the proclamation of the President.
[1] It may be briefly noted, in passing, that the act gives to the
President the power to exclude and discharge from the selective draft,
among others, "those in a status with respect to persons dependent up-
on them for support which renders their exclusion or discharge ad-
visable."  Section 4. The act also provides for the creation of local
and district boards, and declares that the decision of such district
boards shall be final, except that the President may modify or re-
verse the same. The President is also authorized by the act to
make rules and regulations governing the organization and procedure
of the local and district boards.
JFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes