My American Visit

Cover My American Visit
My American Visit
Frederick Edwin Smith Earl of Birkenhead
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I must add that, in the great majority of cases, oral evidence was not submitted, and the appli- cations and appeals were dealt with on documents alone. A somewhat curious provision allows (in 248 My American Visit exceptional cases only) a further appeal, as of right, to the President. I cannot cite authority for the view, but I believe that all such appeals are first considered and the necessary recommenda- tions made by the War Department.
As in our Acts, the onus of proof is on the man. No
...one is entitled to exemption or discharge unless found physically unfit, or unless he has applied for exemption and satisfied the Board that he was entitled thereto. This has been so strictly con- strued that there are many cases where an alien has been called to the colours, and although on a motion for a writ of " habeas corpus " he has proved that he is an alien, the writ has not issued if through his own laches he has failed to lodge his claim on his appeal within the statutory time.
I do not know that this decision has, as yet, been confirmed by the Supreme Court.


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