United States v. Schwartz, Cr. No. 43793.
| Decision Date | 15 March 1956 |
| Docket Number | Cr. No. 43793. |
| Citation | 143 F. Supp. 639 |
| Parties | UNITED STATES of America, Plaintiff, v. Howard Louis SCHWARTZ, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., William H. Sperling, Sp. Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for United States.
Hayden C. Covington, Brooklyn, N. Y., for defendant.
The defendant was indicted by the grand jury of this district and charged with the violation of the Universal Military Training and Service Act. The indictment charges that the defendant failed to report for civilian work contributing to the maintenance of the national health and safety of the public in lieu of induction into the armed forces. Title 50 U.S.C. Appendix, § 462 (b) (6). He pleaded not guilty and was tried before this Court without a jury. Defendant's brief was filed September 27, 1955, the Government's brief February 27, 1956, and the reply brief of the defendant March 2, 1956.
The defendant registered with his local board on September 16, 1948. On May 16, 1950, the board mailed to defendant a classification questionnaire. The defendant answered the questionnaire and filed it with the board on June 7, 1950. In the questionnaire he stated that he was a minister of religion of the Watchtower Society and had regularly served as such since July 20, 1943, and that he was continuing as a student preparing for the ministry at the Theocratic Ministry School of Lockport, New York. On July 11, 1950, he was given a I-A classification. This classification was changed to I-O and he was subsequently directed to report for work at the Pilgrim State Hospital at Brentwood, Long Island, New York. His refusal to report for work at the hospital resulted in this indictment.
The evidence indicates that the defendant after his questionnaire was filed sent many documents to the local board and had many conferences with members of the board. The evidence further indicates that this defendant was treated most courteously and kindly and that the board at all times held itself ready to give this defendant any and all necessary assistance. The Court is satisfied that the local board's actions, based on the documents before it and the many oral conferences it had with the defendant, were proper.
The Court is disturbed by one particular argument advanced by the defendant. Local boards are required to conspicuously post the names of the advisors to the registrants. Section 1604.41 of the Selective Service Regulations (32 C.F.R. § 1604.41) covers that subject clearly. This local board apparently complied with that regulation. However, testimony has been presented that some time after 1948 this notice fell from the wall and disappeared but the evidence is conflicting as to when this occurred.
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...v. United States, 240 F.2d 142, 145-146 (1st Cir. 1956); United States v. Howe, 144 F. Supp. 342 (D.Mass.1956); United States v. Schwartz, 143 F.Supp. 639 (E.D.N.Y. 1956). Petitioner was substantially prejudiced by the denial of an opportunity to consult with an Appeal Agent. The local boar......
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...States v. Eisdorfer, 299 F.Supp. 975, 987 (E.D.N.Y.1969); United States v. Walsh, 279 F.Supp. 115 (D.Conn. 1968); United States v. Schwartz, 143 F.Supp. 639, 640 (E.D.N.Y.1956). Some courts have required in certain situations a showing of actual prejudice before holding that a regulation vi......
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United States v. Wilson
...v. United States, 240 F.2d 142, 145-146 (1st Cir. 1956); United States v. Howe, 144 F. Supp. 342 (D.Mass.1956); United States v. Schwartz, 143 F.Supp. 639 (E. D.N.Y.1956). For these same reasons, Wilson cannot be penalized for failing to exhaust his administrative remedies. United States v.......
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United States v. Fisher, 18413.
...Fisher knew the true identity of his Appeal Agent and ignored him in favor of seeking advice from Mary King. See United States v. Schwartz, 143 F.Supp. 639, 640 (E.D.N.Y.1956). Even assuming that the list was posted at the relevant time, we are not convinced that this technical compliance w......