OFFICIAL BUSINESS, WAR DEPARTMENT,
Raleigh, N.C., November 12, 1917.

Provost Marshall Generall,
Washington, D.C.

My number two hundred and eight. This office has received copy of telegram from the Adjutant General of the Army to the Commanding General, 30th Division, National Guard, Camp Sevier, Greenville, S. C., as follows: “The Induction of drafted men into the service is completed upon the date their order to report for duty becomes effective. No man already inducted into the service can be discharged therefrom under the Selective Draft Service Law. Such men can be discharged only under paragraph one three nine, army regulations. The foregoing applies whether the man has been mustered or not. Previous instructions in conflict with above are revoked. Local Boards have been advised to revise lists and supply men to replace any discharged at mobilization camps on account of defect for which local boards should have discharged.”

We have been proceeding upon the theory that a registrant who was inducted into service through error of law is entitled to have his case re-opened and considered in the light of correct legal principles, and to be discharged from further service if it appears that he was not liable for service as a matter of law upon admitted or ascertained facts. We have acted in hundreds of cases upon this theory, and a large number of cases of this kind is now before this department. Please advise.

First, whether or not the cases heretofore acted upon by this department are subject to the rule announced in the telegram of the Adjutant General above quoted. Such retroactive effect of this rule would create a profound sense of injustice among our people generally and among the soldiers in the army.

Second, whether or not the rule announced by the Adjutant General must be applied to cases now pending before this department.

T. W. Bickett,
Governor.

(Charge Federal Department)