United States v. Schoebel, 10678.
| Decision Date | 20 January 1953 |
| Docket Number | No. 10678.,10678. |
| Citation | 201 F.2d 31 |
| Parties | UNITED STATES v. SCHOEBEL. |
| Court | U.S. Court of Appeals — Seventh Circuit |
James R. Mattison, Milwaukee, Wis., for appellant.
Timothy T. Cronin, U. S. Atty., Howard W. Hilgendorf and Ellis J. Hughes, Assts. to U. S. Atty., Milwaukee, Wis., for appellee.
Before MAJOR, Chief Judge, and DUFFY and FINNEGAN, Circuit Judges.
This is an appeal from a judgment which adjudged the defendant guilty of failing to submit to induction into the armed forces, as required by the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq. The trial was before the court.
Defendant filed his classification questionnaire on July 8, 1949, listing his employment as shoe worker and making no claim for deferment or exemption on religious or other ground. On July 12, 1949, defendant was classified 1-A by his draft board and notice of such classification was mailed to him on that date. On February 12, 1951, defendant was ordered to report for a physical examination, and he did so on February 20, 1951. At that time he did not make a claim for exemption or deferment. On March 5, 1951, notice of acceptability (Form 62) was mailed to him. On May 1, 1951, the draft board mailed defendant a notice to report for induction on May 14, 1951. On May 8, 1951, for the first time defendant made claim to the board that he was a conscientious objector. The board considered his claim, but by a vote of three to nothing refused to reopen his classification. On May 14, 1951, defendant reported for induction, as ordered, but refused to step forward and take the oath. Defendant admits he refused to be inducted.
Defendant claims that he was ordained a minister and baptized by Jehovah's Witnesses sometime in May, 1951; also that he gave up his job in the shoe factory which paid him $100 a week and is presently engaged in an occupation bringing in much less remuneration.
The principal error assigned on this appeal is that the draft board exceeded its powers in not reopening his case and granting him a hearing on his claim that he was a conscientious objector. More specifically defendant claims that the Universal Military Training and Service Act provided in Sec. 456(j) that a person who by reason of religious training and belief is conscientiously opposed to participation in war in any form shall not be subject to combatant training and services in the armed forces of this nation, and that, therefore, defendant cannot be legally inducted as he is a conscientious objector. Defendant argues that Congress did not see fit to limit the time when such conscientious objections could mature.
Apparently defendant's conscientious objections did not mature until after he had been ordered to report for induction, although he claims to have taken instructions in the doctrines advocated by Jehovah's Witnesses as early as 1944. If he did in fact have such conscientious objections or considered himself exempt as a minister, he did not communicate such claims to the draft board prior to May 8, 1951, which was eight days after the order to report for induction had been mailed to him.
Sec. 1622.1 of Selective Service Regulations provides, ...
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