Local Soldier Found Alien, Discharged Louis Cascone Believed
He Was U.S. Citizen by Virtue of Father's Naturalization,
By William J. Clew
Camp Blanding, Fla, July 14. Private Louis Cascone,
2b,. of 226 Park Street, Hartford, transferred to Company E of the 169th
Infantry from the replacement center at Camp Wheeler, Ga., on July 8,
will return home later this week, discharged from the Army on the ground
that he is not a citizen, although since he was 19 years old he had
believed he was a naturalized American. A native of Italy, Cascone landed
In this country July. 1934, and that fall began attending night school
at Hartford Public High School. He wanted to take courses in citizenship
but his teachers told him he had become a citizen by virtue of his father's
papers. His father, John Cascone, who had preceded him here, was naturalized
in 1932. Last fall, he registered for the draft and last March 22, he
was inducted. With only five days to arrange his affairs, he plans to
marry Miss Sarah Morello of 1690 Main Street. Hartford. He also closed
up his shoe repair shop on Park Street, because he was unable to sell
it. He has paid the rent since and It has been quite a struggle to get
funds because he has received no Army pay. Pay Was Held Up. At Camp
Wheeler the authorities noted that Draft Board 3 had written on Cascone's
papers that he became a citizen upon reaching 21, because his father
was a citizen. This started an investigation and a ruling resulted that
Louis was an alien. His pay was held up but he continued through his
13 weeks of basic training, because no action was taken on his application
for "discharge. ' Cascone will be discharged, given the pay due him.
and sent home. Cascone pointed out today that he had not asked for deferment
although he is the sole support of his mother in Italy, where a brother,
Cesare, is in the Italian army. When he leaves here, he said, he will
apply for citizenship papers. Then he will reopen the shoe repair shop
and when business is good he will marry Miss Morello.
[Hartford Courant, Hartford, CT, 15 Jul 1941, Tue,
Page 5]
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U. S. Court Denies Habeas Corpus To Soldier Fighting Army Induction
Federal Judge J. Joseph Smith refused to issue a writ of
habeas corpus for Louis Cascone. of 1690 Main Street, who claimed
that Local Draft board 3 of Hartford denied him his proper rights of
appealing from an order of induction into the Army.
Judge Smith found that the United States District Court for Connecticut lacked Jurisdiction in the case, since Cascone is now in the Army and stationed at Fort Devens, Mass.
Cascone, an Italian alien who served for several months in the Army previously until he was discharged because of his alien status
was inducted a second time December 28 after Italians were removed
from the enemy alien list.
Attorney Nathan Aaron. counsel Cascone, contended that the petitioner was
taken to Massachusetts under orders of Colonel Otis Porter and Major
John Kennedy of the Hartford Induction Center. Colonel porter declared that guards aboard the inductees' train to Massachusetts are under his command.
The colonel testified. however, that he has no control over the men after they have been Inducted.
Mr. Aaron said Saturday night that several courses were open to Cascone, but that the next
step had not been decided.
In ruling that his court has no jurisdiction, Judge Smith upheld
the! contention of Assistant District Attorney V. J. Sacco who declared
Connecticut recruiting officers were no in a position to present
Cascone in court.
[Hartford Courant, Hartford, CT, 17 Jan 1943, Sun, Page 43]
Cascone File Writ In Boston seeking army Release
A petition for a writ of corpus corpus was filed in Federal Court
in Boston Monday asking for the release of Louis Cascone, 28, of 1690 Main Street, from the Army on the grounds that he is an enemy alien
and a citizen of Italy, according to the Associated Press Cascone was denied a similar petition in Federal Court here Saturday for lack of jurisdiction in Connecticut. |
The latest petition, the Associated Press says, asserts that Cascone, who was inducted in Hartford December
28 and reported at Fort Devens. January 5. "was wrongfully selected for training and service in the United States Army, and unlawfully inducted and detained." Cascone, it was reported, has
a brother in the Italian army.
The motion will have a hearing' in Boston January 25. Cascone's petition, when brought before the local court, was the first such motion made in this district. It was denied by Judge J. Joseph Smith for lack of jurisdiction in Connecticut when it was disclosed that Colonel Otis Porter, in charge of the Hartford induction center, inducted Cascone into the Army under blanket orders issued by the First Service Command in Boston, and thus it was that headquarters which actually held control over the
petitioner.
[Hartford Courant, Hartford, CT, 20 Jan 1943, Wed, Page 4]
Judge Sweeney Rules Cascone Army Eligible, Local Court Gives Federal
Decision on Status of Aliens
A judicial decision, which will legalize
the retention in the armed forces of hundreds of German and Italian
aliens, was handed down by judge George Sweeney in Federal Court yesterday
in the case of Louis Cascone vs. Col. William S. Smith, commanding officer
at Fort Devens. Cascone, 28, an Italian shoemaker, of 1690 Main st.,
Hartford, Conn., sought to have the court order his release from the
Army on the grounds that, as an enemy alien, he objected to service
in the land or naval forces. He said he has a mother living in Italy
and a brother in the Italian Army, and that he was averse to fighting
against them. When drafted and ordered to re port for induction last
December, Cascone wrote the draft board he did not object to noncombat
duty, and was assigned to the quarter master's division at Fort Devens
as a shoe repairer. Judge Sweeney ruled Cascone was qualified for induction
once he was acceptable to the Army, the same as any other male citizen
or alien under the selective service laws. A regulation which provides
for release from service of enemy aliens applies only to those unacceptable
to the Army, the judge found.
[The Boston Globe, Boston, MA, 13 Feb 1943, Sat, Page 12] |