ACLU Charges Draft Law Violation

Attorneys for the American Civil Liberties Union (ACLU) in Los Angeles yesterday charged the Selective Service System with violating the new draft law and "opening a good half-dozen Pandora's boxes."

The ACLU attorneys said that the Selective Service has maintained individual state induction quotas. Which were abolished by the new Selective Service Act which President Nixon signed on September 28. The new law provides for a uniform national call which would draft all eligible men until a nationwide quota is met.

"If they're going to induct, they have to do it under the provisions of that (new) law." William Smith, one of the attorneys, said. "That law provides for a uniform national call."

The attorneys discovered the alleged violation while challenging section 20, another provision of the new law. They contend that section 20 requires a 90-day moratorium on all inductions until December 28.

The attorneys claimed credit for the recent halt of inductions in several states. They maintain that the more than 60 section 20 suits filed nationwide had prompted the induction halts. Selective Service officials denied that the suits figured in their decision. They said that state quotas had been met.

The ACLU then filed a motion of discovery in Federal District Court in Los Angeles, asking the U.S. attorney to state precisely the reason for the induction halt.

In his affidavit, Alan W. Peryam, assistant U.S. attorney, revealed that "A telephonic message" to all state directors on November 23 ordered that inductions be stopped because the states had met their quotas "earlier than anticipated."

New York, California and Minnesota, however, were told that they had not yet met their state quotas. They were instructed to continue induction "In the interest of equity."

Scott J. Tepper, an attorney who did much of the research on which the section 20 suits were based, said the Selective Service order was "bullshit." "They no longer have state quotas," he said. Tepper further charged that the three states were told to continue drafting men because they are major induction centers and the Selective Service System still needs additional inductees.

"Well, of course, we disagree with him." Kenneth J. Coffey, director of communications for the Selective Service System, said. He said that 9865 of the 10,000 men scheduled for induction had already been drafted, and that the quota would be exceeded by tonight. Coffey also denied that state quotas were being imposed in violation of the new law. He said that the uniform national call won't go into effect for about a week.