Eagles v. United States Horowitz

• Decision Date: 23 December 1946
• Docket Number: No. 58,58
• Citation: 67 S.Ct. 320,329 U.S. 317,91 L.Ed. 318
• Parties: EAGLES, Post Commanding Officer, Fort Dix, N.J., v. UNITED STATES ex rel. HOROWITZ
• Court: U.S. Supreme Court

329 U.S. 317

67 S.Ct. 320

91 L.Ed. 318

EAGLES, Post Commanding Officer, Fort Dix, N.J.,

v UNITED STATES ex rel. HOROWITZ.

No. 58.

Argued Nov. 21, 1946.

Decided Dec. 23, 1946.

Mr.Irving S. Shapiro, of Washington, D.C., for petitioner.

Mr. Meyer Kreeger, of New York City, for respondent.

Mr. Justice DOUGLAS delivered the opinion of the Court.

This is a companion case to Eagles v. Samuels, 329 U.S. 304, 67 S.Ct. 313. Certiorari also brings it here from the Third Circuit Court of Appeals. That court followed the same procedure here as it did in Samuels' case; it reversed the District Court which had dismissed the writ of habeas corpus brought on behalf of Horozitz, and remanded the cause to the District Court with directions to discharge him from military custody. United States ex rel. Samuels v. Pearson, 3 Cir., 151 F.2d 801.

It appears that after the remand Horowitz was enlarged upon a recognizance as permitted under our rules. Rule 45, 28 U.S.C.A. following section 354. The suggestion that the case is therefore moot is without merit for the reasons stated in Samuels' case.

Horowitz registered pursuant to the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 301 et seq., early in 1941 and filed a questionnaire stating he was a college student preparing for a career as a psychiatric social worker. At the tme he asked for a deferment in induction until February, 1943, saying that 'if you take me now, you practically negate my possibilities to attain the position I seek in life, namely, a psychiatric social worker.' Shortly after he was physically examined and found qualified for military service, he advised the local board that he had been enrolled in the Rabbinical Seminary of America, a recognized theological school. On July 1, 1941, he was classified I—A. The board of appeal likewise gave him that classification in August, 1941.

Meanwhile, he claimed exemption under § 5(d) of the Act. The basis of his claim was the representation that he was a student in a recognized theological school for rabbis and was preparing for the rabbinate. In an affidavit he stated that he had not disclosed his intention to become a rabbi because he had no 'concrete facts' to present, only 'hopes'. In November, 1941, the local board classified him IV—D which classification he retained until May, 1944. In 1942 he filed an occupational questionnaire with the local board stating that he was taking a course in rabbinical studies at the seminary and also a bachelor of social science course at another institution which he hoped to complete in 1944. He listed himself as a social worker.

In April, 1944, the city director of Selective Service reviewed the file and requested Horowitz to appear before an advisory theological panel. He appeared before a panel and there was a hearing. The panel stated that all students in this seminary were not necessarily preparing for the ministry and that each individual case should be separately appraised.¹ It concluded that his attendance at the seminary had been motiva ed by a desire to secure a basis for exemption under the Act. This was based on his declared intention early in 1941 to be a social worker, inconsistencies in his explanation of his failure to refer to the rabbinate at that time, his indifferent and unsystematic manner in preparing for that professed objective, and an appraisal of his reliability and candor. The transcript of proceedings before the panel and later the report were transmitted to the local board by the office of the city director of Selective Service with a request to the board to reopen and reconsider his classification. The report made by the panel was not signed. Moreover, the report was headed 'Confidential Statement for the Record.' The local board was advised by the city director's office that while it should give careful consideration to the recommendation of the panel, determination of the classification must be made by the board itself or by an appeal agency.

Horowitz was immediately reclassified as I—A. He asked for a hearing which was granted. It appears that the panel which interviewed him and rendered the report was composed of three prominent Jewish laymen but no rabbi. Whether that was the cause does not appear, but the board, as a result of the hearing, referred the file to a rabbi for another advisory recommendation. The rabbi recommended that Horowitz be classified IV—D. The local board gave him that classification in June, 1944. In August, 1944, the local board held another hearing. Horowitz was present and was examined. The board concluded that he should be in I—A and so classified him, stating as its reason that he became a student in the rabbinical school after he had registered under the Act. He requested and was granted another hearing, at which he submitted additional evidence. The local board refused to change the classification. On appeal the board of appeal classified him as I—A.

On two subsequent occasions Horowitz asked that his classification be reopened and submitted additional evidence. The board was unpersuaded and refused to reopen the classification. The office of the city director advised the boards that the panel which interviewed Horowitz had been composed solely of laymen and that if by virtue of that fact the board of appeal desired to reconsider the case, to inform the office. Both the local board and the board of appeal replied that there was no oc asion for reopening the classification. The board of appeal stated that it had 'once again unanimously agreed that the registrant's status does not warrant a IV—D classification.' Early in 1945 Horowitz was inducted into the Army.

Horowitz relies upon affidavits and...