United States v. Flakowicz, 172-176.
| Decision Date | 22 January 1945 |
| Docket Number | No. 172-176.,172-176. |
| Citation | 146 F.2d 874 |
| Parties | UNITED STATES v. FLAKOWICZ, and four other cases. |
| Court | U.S. Court of Appeals — Second Circuit |
Hayden C. Covington, of Brooklyn, N. Y. (Carl A. Mears, of New Haven, Conn., on the brief for Arpaia), for appellants.
Nathan T. Elliff, Sp. Asst. to Atty. Gen. (T. Vincent Quinn, U. S. Atty., and Vine H. Smith and Matthew F. Fagan, Asst. U. S. Attys., all of Brooklyn, N. Y., on the brief for the United States; Robert P. Butler, U. S. Atty., of Hartford, Conn., and Thomas J. Dodd, Jr., Sp. Asst. to Atty. Gen., on the brief for Myrl E. Alexander, Warden, and Francis Biddle, Atty. Gen.), for appellees.
Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.
These separate appeals were heard together and may be disposed of likewise upon the single issue they present. They are all cases of members of the religious order of Jehovah's Witnesses who sought exemption from selective service as regular and duly ordained ministers under 50 U.S.C.A.Appendix, § 305(d), and who were classified for service by their respective draft boards against their objections and appeals. Thereafter they all failed to report for induction, and were prosecuted and convicted for such failure. At their respective trials, they each took steps appropriate for the purpose to show that refusal of exemption was invalid and improper; and in each instance the District Court ruled that the decision of the appropriate draft boards against exemption could not be inquired into or reviewed on a criminal prosecution for failure to obey an order for induction. On this appeal they challenge these rulings and also urge constitutional objections to the Act as thus construed by the courts. But the case of Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346, settled the law against them, as had, indeed, been previously ruled by many circuit courts of appeals, including this one in United States v. Kauten, 2 Cir., 133 F.2d 703. Indeed, the cases are now numerous involving Jehovah's Witnesses alone with respect to this issue; among fifteen or more cases which might be cited, we refer to United States v. Nelson, 2 Cir., 143 F.2d 584; Harris v. Ross, 5 Cir., 146 F.2d 355; and United States ex rel. Trainin v. Cain, 2 Cir., 144 F.2d 944, certiorari denied Trainin v. Cain, 65 S.Ct. 439, for statement of relevant principles, and United States v. Madole, 2 Cir., 145 F.2d 466, as settling the issue of good faith in law violation also presented by the accused. This disposes of the cases of Parsons, Johnson, and Jensen. In the habeas corpus case involving Kluz, the still more doubtful course was followed of attempting to reverse the conviction by a habeas corpus, a course held illegal in a further...
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Estep v. United States Smith v. Same
...has submitted to the pre-induction physical examination. Sirski v. United States, 1 Cir., 1944, 145 F.2d 749; United States v. Flakowicz, 2 Cir., 1945, 146 F.2d 874; United States v. Estep, 3 Cir., 1945, 150 F.2d 768; Smith v. United States, 4 Cir., 1945, 148 F.2d 288; Koch v. United States......
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Sunal v. Large Alexander v. United States Kulick
...in a number of others they had done so; and no distinction had been established between the two. Indeed, in United States v. Flakowicz, supra (2 Cir., 146 F.2d 874), which had been one of these, the Supreme Court denied certiorari only a fortnight before May 12th,' the date of Kulick's conv......
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United States v. Estep, 8810.
...of the Falbo case, as we have interpreted it. Two decisions present facts squarely in point with the instant case. United States v. Flakowicz, 2 Cir., 1945, 146 F.2d 874, certiorari denied 65 S.Ct. 1086, and United States v. Rinko, 7 Cir., 1945, 147 F.2d 1, 2, certiorari denied 65 S.Ct. 108......
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Sunal v. Large, 5490.
...has submitted to the pre-induction physical examination. Sirski v. United States, 1 Cir., 1944, 145 F.2d 749; United States v. Flakowicz, 2 Cir., 1945, 146 F.2d 874; United States v. Estep, 3 Cir., 1945, 150 F.2d 768; Smith v. United States, 4 Cir., 1945, 148 F.2d 288; Koch v. United States......