United States v. Galluppi, Crim. No. 70-69.
Decision Date | 02 May 1972 |
Docket Number | Crim. No. 70-69. |
Citation | 344 F. Supp. 1015 |
Parties | UNITED STATES of America v. Gene Dwight GALLUPPI. |
Court | U.S. District Court — Eastern District of Pennsylvania |
John David Egnal, Egnal & Egnal, Philadelphia, Pa., for defendant.
John F. Penrose, Asst. U. S. Atty., Philadelphia, Pa., for the United States.
FINDINGS OF FACT, DISCUSSION CONCLUSIONS OF LAW AND ORDER
The defendant was tried on December 2, 1971 for violation of 50 App. U.S.C. § 462 (1967). He was charged with the failure to report for civilian employment pursuant to an order issued by his Local Board No. 36, Doylestown, Pennsylvania (hereinafter referred to as the "local board" or "board"), dated January 24, 1969. At the conclusion of all the evidence, leave was granted to counsel for the submission of proposed findings of fact and conclusions of law and briefs which have now been filed.
Jehovah Witness faith, not formally ordained, since the age of ten (10) years. The defendant answered Series VII and VIII of form 100 as follows:
3. The registrant was sent a Form 150, Conscientious Objector Questionnaire, which he completed and returned in timely fashion on March 16, 1967. The answer to pertinent parts thereto provide as follows:
"Series II.—RELIGIOUS TRAINING AND BELIEF
1. Do you believe in a Supreme Being? X Yes No
2. Describe the nature of your belief which is the basis of your claim made in Series I above, and state whether or not your belief in a Supreme Being involves duties which to you are superior to those arising from any human relation.
The Apostle Peter stated at 1 Peter 3:11 to `seek peace and pursue it.' Jehovah's Witnesses maintain an uncompromising neutrality as to the world's political and military affairs. They do not oppose any government program of military conscription or demonstrate against it, but they submit themselves to God's arrangements of things. As 2 Corinthians says,
I claim `exemption from both combatant and non-combatant training and service in the Armed Forces' because I adhere to the Bible's counsel at Exodus 20:5 which says, `I Jehovah your God am a God exacting exclusive devotion.'
Because of my Bible training and the admonition given at Genesis 9:6 that says, `Anyone shedding man's blood, by man will his own blood be shed', and the counsel at Deuteronomy 5:15 which says, `You must not murder,' I claim exemption from the Armed Forces.
I received my training from my mother who studied with one in the books from Paradise Lost to Paradise Regained and Let Your Name Be Sanctified, approximately 2 years before I was baptized and became one of Jehovah's Witnesses.
Mr. Richard Rodehauser, 1111 Doylestown Pike, Quakertown, Pennsylvania.
The only circumstance where force would be used would be in self-defense. I heed Jesus word's at Matthew 5:39 which says; `Do not resist him that is wicked; but whoever slaps you on the right cheek, turn the other also to him.' However, if that slap were to do bodily harm to me I am obligated to defend myself. Also, learning the arts of self-defense such as judo, karate, and jujitsu would be taking time away from serving my heavenly father. The message I bring from house to house is not one that would make a person become hostile toward me and so I have no need to be afraid. My motive is to teach one willingly and not forcefully.
Jehovah's Witnesses have five meetings a week. A congregation book study during the week where we study a publication of the Watchtower Bible and Tract Society of Pennsylvania, and where I orally express answers to the questions asked. Also during the week is the Ministry School and the Service Meeting. I regularly participate in the Ministry School by giving oral prepared talks on certain subjects which help me to prepare sermons for my door to door work. On Sunday we have two more meetings. The public talk followed by the Watchtower study. The public talk is a lecture on a topic of much interest today. During the Watchtower study I make `public declaration of my faith' by again answering questions asked. I regularly attend these meetings which build up my religious convictions.
Also, I regularly participate in the door to door activity on week-ends proclaiming the good news of Jehovah's Kingdom to all those I meet as is the counsel at Acts 20:20: `While I did not hold back from telling you any of the things that were profitable nor from teaching you publicly and from house to house.'
7. Have you ever given public expression, written or oral, to the views herein expressed as the basis for your claim made in Series I above? If so, specify when and where.
Yes, as was stated in question six above, because of my regularly attending these meetings and participating in them, accepting either combatant or noncombatant duty would be going against my convictions. I rely on the scripture at Matthew 22:37-40: `You must love Jehovah your God with your whole soul and with your whole mind.' This is the greatest and first commandment. The second, like it, is this, `You must love your neighbor as yourself.' Therefore, one would not go out and do damage to himself so certainly he wouldn't do it against his neighbor. For this reason I could not lift up arms against another person.
1. Have you ever been a member of any military organization or establishment? If so, state the name and address of same and give reasons why you became a member.
2. Are you a member of a religious sect or organization? X Yes ____ No If your reply to item 2 is "Yes," complete items (a) through (e).
Jehovah's Witnesses; Watchtower Bible and Tract Society of Pennsylvania, Brooklyn, New York.
On August 19, 1966, when I was Baptized as one of Jehovah's Witnesses in Baltimore, Maryland.
Quakertown Congregation of Jehovah's Witnesses; 9th and Mill Streets, Quakertown, Pa.
Mr. Stephen Waller; congregation servant; 14th Street, Quakertown, Pa.
John 17:16. `They are no part of the world just as I am no part of the world.' I have learned to spread the message of God peacefully out of the love for my heavenly father and if he says to be no part of this world I am obligated to heed his command. This comment brings another scripture to my mind which summarizes this question. It is found at 1 John 2:15 and reads: Because of the love for my Creator I could not with a free conscience participate in either combatant or noncombatant service because I feel I would be doing harm to my fellow man.
3. Describe your relationships with and activities in all organizations with which you are or have been affiliated, other than military, political, or labor organizations.
I am a congregation publisher of Jehovah's Witnesses."
4. On March 16, 1967, the defendant was classified 1-A by the local board.
5. The Form 150, Conscientious Objector Questionnaire...
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...extent necessary to procure those facts relevant thereto. United States v. Wilson, S.D. N.Y.1972, 345 F.Supp. 894; United States v. Galluppi, E.D.Pa.1972, 344 F. Supp. 1015. However, even assuming that Kline's conversation with the secretary was sufficient to impute knowledge of its substan......
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