Rowton v. United States, 12533

• Decision Date: 10 January 1956
• Docket Number: 12534,No. 12533,12565.,12533
• Citation: Rowton v. United States, 229 F.2d 421 (6th Cir. 1956)
• Parties: Paul Edward ROWTON, Appellant, v. UNITED STATES of America, Appellee. Charles Freelan WHEELER, Appellant, v. UNITED STATES of America, Appellee. Reuben Jones STEPP, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

229 F.2d 421 (1956)

Paul Edward ROWTON, Appellant, v. UNITED STATES of America, Appellee.

Charles Freelan WHEELER, Appellant, v. UNITED STATES of America, Appellee.

Reuben Jones STEPP, Appellant, v. UNITED STATES of America, Appellee.

Nos. 12533, 12534, 12565.

United States Court of Appeals Sixth Circuit.

January 10, 1956.

Argued by, Hayden C. Covington, Brooklyn, N. Y., Victor F. Schmidt, Columbus, Ohio, on brief, for appellants.

Argued by, William B. Jones, Louisville, Ky., J. Leonard Walker, Louisville, Ky., on brief, for appellee.

Before SIMONS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.

PER CURIAM.

These cases consolidated for hearing on appeal, were tried separately in the United States District Court for the Western District of Kentucky. Each of the cases was tried to the court without the intervention of a jury and resulted in a verdict of guilty and a sentence of imprisonment for three years for violation of the universal Military Training and Service Act of 1948, 50 U.S.C.A.Appendix, § 462. The first two cases were tried by District Judge Shelbourne and the third by District Judge Brooks. Each of the three cases follows the same pattern of material facts.

Each appellant was classified as a conscientious objector (I-O) by his local board; but each contested that classification, claiming to be a minister and therefore entitled to a classification which would exempt him from induction into the armed forces and from performance of civilian work of national importance. After appealing the local board's decision to the appeal board without avail, each of the three registrants refused to do civilian work in lieu of induction when ordered to do so by his local board.

After their classification as conscientious objectors, Rowton and Wheeler appeared before their respective local boards giving further evidence as to their claimed ministerial status in Jehovah's Witnesses. The local boards ordered the I-O classification retained in both cases. Stepp did not make a personal appearance before his local board to contest the classification, but relied on material in writing which he submitted to support his claim to ministerial status as a Jehovah's Witness. In the Stepp case, the appeal board preliminarily determined that Stepp was not a conscientious objector and referred the case to the Department of Justice. On recommendation of that department, Stepp was classified as a conscientious objector (I-O) by the appeal board.

Appellants were subsequently ordered to report to various state hospitals in Kentucky to perform civilian work of national importance in lieu of induction. Rowton and Wheeler reported to the hospitals designated for them, but refused...