United States v. Manke, Cr. No. 23882.

• Citation: 158 F. Supp. 764
• Decision Date: 16 January 1958
• Docket Number: Cr. No. 23882.
• Parties: UNITED STATES of America v. Herbert William MANKE.
• Court: U.S. District Court — District of Maryland

158 F. Supp. 764

UNITED STATES of America v. Herbert William MANKE.

Cr. No. 23882.

United States District Court D. Maryland.

January 16, 1958.

Leon H. A. Pierson, U. S. Atty., and William J. Evans, Asst. U. S. Atty., for United States.

Lewin Wethered, Baltimore, Md., and Hayden C. Covington, Brooklyn, N. Y., for defendant.

R. DORSEY WATKINS, District Judge.

The defendant in this criminal proceeding is charged in a one-count indictment with violation of Title 50 U.S.C.A. Appendix, § 462, in that he knowingly refused to submit to induction into the Armed Forces of the United States as he was required to do under the provisions of the Universal Military Training and Service Act, as amended. The case coming on for both arraignment and trial, the defendant entered a plea of "not guilty" and immediately proceeded to trial by the court. Evidence was offered by the Government and the defendant, and at the close of all the evidence the defendant moved for a judgment of acquittal, the grounds for such motion being in general (1) that the classification of 1-A given to the defendant by the appeal board constituted action that was arbitrary, capricious, and without basis in fact, and (2) that certain procedural defects resulted in a denial of due process of law. The court heard oral argument, and allowed the parties the time they requested for the filing of briefs.

Facts.

The defendant's Selective Service System file, which is in evidence in this case, shows that the defendant registered with Selective Service on February 11, 1949 and that on November 30, 1950, he filed with Local Board No. 17 his Selective Service System Classification Questionnaire, on page seven of which defendant signed the statement that he was "By reason of religious training and belief * * * conscientiously opposed to participation in war in any form * * *" Defendant also certified that the statements made in the questionnaire were "true and complete to the best of my knowledge, information and belief." The local board did not send the defendant the special form for use by a conscientious objector. On December 4, 1950, it classified the defendant as a student.

At the time when the Classification Questionnaire was filed, defendant was a sophomore in the College of Engineering at the University of Maryland and was enrolled in the Air Force Reserve Officers' Training Corps, under the terms of which he had agreed, in writing, to accept a commission if tendered and to serve, subject to the call of the Secretary of the Air Force, not less than two years on active duty after receipt of a commission. On May 14, 1951, having received notice of the military status of the defendant, the local board classified him as I-D, i. e. a student taking military training. On June 1, 1952 the defendant was baptized as one of Jehovah's Witnesses. On June 6, 1952 he completed his second year at the University and did not return to school the following fall.

On November 4, 1952 the defendant filed, together with a letter of explanation, the special form for a conscientious objector. The answers to the form showed that he was opposed to both combatant and noncombatant military service and believed in a Supreme Being and that such convictions, beliefs and opinions were based upon his "personal study of the Bible, assisted by publications and meetings of the Watchtower Bible and Tract Society." He stated that he believed in the use of force only for self defense. He explained as follows his participation in the AFROTC: "It was offered and required so I understood at the University. This was before I even considered becoming one of Jehovah's Witnesses." (Defendant's emphasis). He showed that he was baptized on June 1, 1952, and that he relied upon the official statements of the Watchtower Bible and Tract Society against participation in war and enclosed a copy of the Watchtower of February 1, 1951 as setting forth such official statements. This issue of "Watchtower" made it clear that Jehovah's Witnesses were opposed not only to military service but also to any participation in the defense or war effort.¹

Accompanying the conscientious objector form was a letter explaining as follows that when he certified that he was a conscientious objector in the questionnaire of November 30, 1950, he was undecided as to where he stood in the matter of religion:

"When I filled out the original questionnaire and for some time following I was quite indecisive as to where I stood in the matter of religion, holding only a vague conception of a Supreme Being. To add to my confusion I found that together with my enrollment in the University of Maryland I was required to pursue a course entitled Basic AFROTC (Air Force Reserve Officers Training Corp sic). Before completing the basic course (2 years) I decided not to join the advanced ROTC and expected such written notification (according to my commanding officer) to be all that was necessary to prevent the now incorrect classification of I-D (of which I was not notified). Since June, 1952, I am convinced of my duty to Jehovah which makes my participation in the affairs of nations impossible."

In describing the actions and behavior which he thought most conspicuously demonstrated the consistency and depth of his religious convictions the defendant stated the "most obvious is preaching from door to door * * * I hope that it will be possible in the very near future for me to witness as a `Pioneer' minister. In this capacity I will be required to devote 100 hrs. per month to the preaching of God's word." The local board, based upon the conscientious objector form, classified the defendant as a conscientious objector, placing him in Class I-O.

On December 9, 1952, defendant filed a copy of an appointment as a full-time Pioneer and requested a personal appearance before the board to present his request for a classification of IV-D, i. e. a minister of religion. On March 23, 1953, the defendant had a personal appearance, requested by him, at which the local board said that "Registrant worked for Cloverland Dairy 3 days a week. Registrant was instructed that he is considered as a conscientious objector, and that Jehovah Witnesses were not considered for a IV-D classification." On April 1, 1953, the defendant appealed for a minister's classification. On April 13, after his papers were sent to the appeal board, the local board requested a report from the defendant with regard to his conscientious objections as to the kind of work that he would be willing to do. He certified that he could not perform "any other time consuming job" (in addition to his work as a Pioneer) since he was obligated to preach the gospel and help others to gain salvation. In describing the training, experience and proficiency he had in his ministerial work, the defendant stated: "Have been studying for years, about one year's experience, and have achieved excellent results in helping those who want to learn about Jehovah and his purposes."

The appeal board on April 30, 1953, classified the defendant as a conscientious objector. He was placed in Class I-O. The defendant was given an opportunity to choose one of three types of civilian work to do as a conscientious objector, which choice he refused to make, saying "I cannot conscientiously infringe upon my ministerial vocation" but instead offered to preach and thus work for the Watchtower Bible and Tract Society, the legal governing body of Jehovah's Witnesses.

On September 28, 1953, following a hearing as to the type of work that the defendant would perform as a conscientious objector, the local board reclassified him in Class I-O. Minutes of this hearing show:

"Registrant stated that it was impossible for him to relinquish his time for the sake of an sic civilian job which was so much less beneficial and important because he had make sic a dedication of himself to God to do more important work in the ministry."

On October 5, 1953, he was again given an opportunity to choose three types of work. He again refused, consistently basing his objection to doing civilian work contributing to the national interest on the time consuming nature of such civilian work. Within ten days from the classification he appealed to the appeal board, again seeking a minister's classification. Following the appeal he sent a letter showing that he devoted a total of 47 hours to his ministry weekly, of which 15 hours a week were spent in door to door preaching. In this letter he showed that he had been dropped as a Pioneer because he could not devote the minimum of 100 hours a month to "door to door preaching" and stated:

"I have made a dedication of myself to serve God. This solemn agreement into which I have entered does not require only spasmodic, irregular or part-time activity. Rather, it is an agreement, unreservedly and unconditionally, to do the will of Jehovah God through Jesus Christ accordingly as that will is made plain from the Bible. Since this dedication constitutes an obligation to God, no one or nothing can relieve me of this obligation; and the work offered to me by the board would constitute a breaking of my vows making me deserving of death.

* * * * *

"In keeping with my decision I have relinquished my goal as a chemical engineer (since it would mean full-time work) for the sake of something more vital—the ministry. After giving up this and other things in an effort to please God and serve His purposes toward mankind's blessings it would be wrong and senseless for me to serve another master. I am therefore working toward an efficient exercise of my vocation as a minister.

"This dedication is a prime reason for not offering to do civil work and of my insisting upon a classification of IV-D." (Emphasis supplied).

In accordance with the usual procedure when a registrant refuses to perform the proffered alternative service, the defendant's file was forwarded to the National Headquarters on October 15, 1953, to secure...