United States v. Copeland

• Decision Date: 12 November 1954
• Docket Number: Cr. No. 8923.
• Citation: United States v. Copeland, 126 F.Supp. 734 (D. Conn. 1954)
• Parties: UNITED STATES of America, Plaintiff, v. Charles Rae COPELAND, Defendant.
• Court: U.S. District Court — District of Connecticut

126 F. Supp. 734

UNITED STATES of America, Plaintiff, v. Charles Rae COPELAND, Defendant.

Cr. No. 8923.

United States District Court, D. Connecticut.

November 12, 1954.

Simon S. Cohen, U. S. Atty., Robert M. FitzGerald, Asst. U. S. Atty., Hartford, for plaintiff.

Hayden C. Covington, Brooklyn, N. Y., Robert L. Krechevsky, Hartford, Conn., for defendant.

SMITH, Chief Judge.

Defendant, classified 1-0 by the Selective Service Board, was ordered to report for work of national importance under civilian direction in the employ of Goodwill Industries, Inc.

He refused to report, was indicted for violation of the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq., waived jury trial and was tried to the Court.

He moves for dismissal of the indictment on the ground that the Selective Service Regulations 1660.1 and 1660.20 as construed and applied by the order to perform civilian work in this case at the Goodwill Industries, Inc., are on their face in conflict with the Act, or if construed to be not in conflict with the Act, the Act as so construed is in conflict with the Thirteenth Amendment.

The regulations are as follows:

"Sec. 1660.1 Definition of appropriate civilian work. (a) The types of employment which may be considered under the provisions of section 6(j) of title I of the Universal Military Training and Service Act, as amended, to be civilian work contributing to the maintenance of the national health, safety, or interest, and appropriate to be performed in lieu of induction into the armed forces by registrants who have been classified in Class I-O shall be limited to the following:

"(1) Employment by the United States Government, or by a State, Territory, or possession of the United States or by a political subdivision thereof, or by the District of Columbia.

"(2) Employment by a nonprofit organization, association, or corporation which is primarily engaged either in a charitable activity conducted for the benefit of the general public or in carrying out a program for the improvement of the public health or welfare, including educational and scientific activities in support thereof, when such activity or program is not principally for the benefit of the members of such organization, association, or corporation, or for increasing the membership thereof.

"(b) Except as provided in paragraph (a) (2) of this section, work in private employment shall not be considered to be appropriate civilian work to be performed in lieu of induction into the armed forces by registrants who have been classified in Class I-O."

"Sec. 1660.20 Determination of type of civilian work to be performed and order by the local board to perform such work. (a) When a registrant in Class I-O is found acceptable for service after his armed forces physical examination or when such a registrant has failed to report for or to submit to armed forces physical examination, he shall, within ten days after notice of acceptability is mailed to him by the local board or within ten days after he has failed to report for or submit to armed forces physical examination, submit to the local board three types of civilian work contributing to the maintenance of the national health, safety, or interest as defined in Sec. 1660.1, which he is qualified to do and which he offers to perform in lieu of induction into the armed forces. If the local board deems any one of these types of work to be appropriate, it will order the registrant to perform such work, but such order shall not be issued prior to the time that the registrant would have been ordered to report for induction if he had not been classified in Class I-O, unless he has volunteered for such work.

"(b) If the registrant fails to submit to the local board types of work which he offers to perform, or if the local board finds that none of the types of work submitted by the registrant is appropriate, the local board shall submit to the registrant by letter three types of civilian work contributing to the maintenance of the national health, safety, or interest as defined in Sec. 1660.1 which it deems appropriate for the registrant to perform in lieu of induction. The registrant, within ten days after such letter is mailed to him by the local board, shall file with the board a statement that he either offers to perform one of the types of work submitted by the board, or that he does not offer to perform any of such types of work. If the registrant offers to perform any one of the three types of work, he shall be ordered by the local board to perform such work in lieu of induction, but such order shall not be issued prior to the time that the registrant would have been ordered to report for induction if he had not been classified in Class I-O, unless he has volunteered for such work.

"(c) If the local board and the registrant are unable to agree upon a type of civilian work which should be performed by the registrant in lieu of induction, the State Director of Selective Service for the State in which the local board is located, or the representative of such State Director, appointed by him for the purpose, shall meet with the local board and the registrant and offer his assistance in reaching an

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