Registration Threatened

Before last week, enforcement of Selective Service System rules was proceeding smoothly. U.S. Attorneys around the country had Indirect 13 young men who had failed to register for the draft. Three violators had been convicted and sentenced.

But when prosecutors pushed the case against David Hayle in Los Angeles, they hit a stag that opponents hope could bring the whole system down.

Lawyers for Hayle entered two preliminary motions challenging the validity of the whole process. One argues that the government has so far been guilty of "selective prosecution"--that only non-registrants who have been outspoken against the law have been pursued.

The other says the whole system is illegal. It explains that, in their haste to get draft registration in place two years ago, federal officials illegally shipped certain rules.

These motions have been entered in other cases as well, but have been summarily dismissed. In Hayle's trial, however, the federal district judge has agreed to consider them, and he is giving the government a hard time Judge. Terry Hatter Jr. decided that the defense had established a "prima facie" case of discrimination, and ruled that the Justice Department now has the burden to prove that they have proceeded fairly.

More significantly. Hatter is wrangling with attorneys over the full release of certain private documents, and over the testimony of top federal officials. As of now, the prosecutors have asked for a break until Monday afternoon to consult high White House administrators on how to proceed.

Despite these complications in the courts, the Selective Service is going ahead on other fronts Spokesman Joan Lamb says the number of men born since 1960 who have complied with the law is increasing dramatically Over the summer, officials estimated that more than 7,00,000 young men. 7 percent of those required, had not complied with the law. According to Lamb, that figure has dropped to 4,17,000. She adds that one-fourth of these are already controlled in the military and consequently didn't realize they still had to sign up. Selective Service now boasts compliance above 95 percent.

The reason for increased compliance is most likely the mass amount of publicity given the system since the indictments began over the summer. The agency is just completing a third wave of advertising to reinforce this message. They have sent out public service announcements to thousands of college newspapers and radio stations which say of signing up. "It's quick, it's easy, and it's the law."

Since August, more than 30,000 non-registrants have received warning letters arging them to sign up as soon as possible.

But for now, authorities are only pursuing about 150 cuses, all selected because the individual turned himself in. In Mauchusetts, Edward Hasbrouck has been indicted and the federal district court will accept pre-trial motions in two weeks. U.S. Attorney William F. Weld says he is looking into others, but refuses to disclose how many, or to discuss their status.

Hasbrouck's case, and all others currently in the courts, could be affected by what happens in Southern California. John K. Russell spokesman for the Justice Department denies the two charges. On selective protection, he concedes that while the department is now using "passive enforcement" pursing only those who have turned themselves in--attorneys will soon begin tracking down all violators.

But Mark D. Rosenbaum, a lawyer working on the defense, says that damaging evidence against the government has been released. He cites a private Justice Department memo written in March, which says "the chances that a quiet non-registrant will be prosecuted are about the same as the chances he will be struck by lighting."

Neither Russell nor Lamb have a response to the accusation that President Carter, in implementing the rules, subverted standard federal procedure by cutting the comment period short.

But Barry Lynn, head of Washington based Draft Action, said that if opponents secure a wide ruling on this question. "It would taint other prosecutions of other vocal straft critics." That, he explained, could rise through the system quickly.