United States v. Stidham

• Decision Date: 16 December 1965
• Docket Number: No. 5476.,5476.
• Parties: UNITED STATES of America, Plaintiff, v. Don Olen STIDHAM, Defendant.
• Court: U.S. District Court — Western District of Missouri

248 F. Supp. 822

UNITED STATES of America, Plaintiff, v. Don Olen STIDHAM, Defendant.

No. 5476.

United States District Court W. D. Missouri, Central Division.

December 16, 1965.

F. Russell Millin, U. S. Atty., John L. Kapnistos, Asst. U. S. Atty., Kansas City, Mo., for plaintiff.

George C. Adams, Columbia, Mo., for defendant.

JOHN W. OLIVER, District Judge.

Defendant, a Jehovah's Witness, was indicted for failing to report for and perform civilian work as ordered by Selective Service Board No. 10, Boone County, Columbia, Missouri, in alleged violation of Section 456(j)¹ and 462 (a) of Title 50 Appendix, United States Code. Jury trial was waived. As the trier of the facts, we must return a verdict of guilty. In accordance with our usual practice, we shall detail the reasons for our findings.

Introductory

Defendant was placed by the Board in Class I-O: Conscientious Objector available for civilian work contributing to the maintenance of the national health, safety or interest. At the outset of the trial the parties agreed that "all the essential elements of the offense may be taken by the Court as having been established if, but only if, the defendant's classification was a valid classification." (Tr. 4).

Consistently from the outset of the trial, defendant has contended that "as a matter of law * * * his present conscientious objector classification, I-O, is an improper classification and that on the basis of the data before the draft board, the draft board had jurisdiction only to classify the defendant in accordance with his claimed exemption as a minister, or a classification of IV-D" (Tr. 5-6).

Defendant concedes that "the burden of proof establishing an exemption is upon the registrant claiming the exemption." He argues, however, that "absent evidence indicating misrepresentation, once a registrant establishes prima facie that he is entitled to a ministerial classification, he is entitled to that classification and exemption as set out in the Selective Service Act"² (Defendant's Suggested Conclusion of law No. 2).

Defendant places principal reliance upon Estep v. United States, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567 (1946); Dickinson v. United States, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132 (1953); Pate v. United States, 5 Cir. 1957, 243 F.2d 99; and Wiggins v. United States, 5 Cir. 1958, 261 F.2d 113, cert. den. 359 U.S. 942, 79 S.Ct. 723, 3 L.Ed.2d 676, reh. den. 359 U.S. 976, 79 S.Ct. 874, 3 L.Ed.2d 843. Quite fundamentally, as we shall develop later in detail, this case turns on whether defendant did in fact establish a prima facie case before his Board that he was entitled to IV-D rather than a I-O classification.

In order that the basis of our general finding of guilty be clear we shall, in accordance with Rule 23(c) of the Rules of Criminal Procedure, also find the facts specially and state the conclusions of law applicable to those facts.

Findings of Fact

At the request of both parties we find that:

1. The defendant Don Olen Stidham was given a I-O Classification by the Selective Service Board No. 10 on January 15, 1964, by a vote of 5 to 0.

2. Defendant Stidham appealed his I-O Classification by informing Selective Service Board No. 10 that he was dissatisfied with the I-O Classification.

3. The entire Selective Service file of Board No. 10, which is often referred to as the cover sheet, was forwarded to the Missouri Appeal Board in accordance with Selective Service regulations for appropriate consideration.

4. The Appeal Board after considering Mr. Stidham's case affirmed the decision of the Selective Service Board to maintain the classification of I-O for Mr. Stidham. The vote was 5 to 0, taking place on March 19, 1964.

5. Defendant Stidham was issued an order to report for civilian work and statement of employer, stating to him that he had been found acceptable for civilian work contributing to the maintenance of the national health, safety or interest and that he had been assigned to institutional work located at the University of Missouri Medical Center at Columbia, Missouri; that he was ordered to report to Local Board (Selective Service Board No. 10 in Columbia, Missouri), at 10:00 a. m. on July 8, 1964, where he would be given instructions to proceed to the place of employment and to remain in the said employment for 24 consecutive months or until such time as he had been released or transferred by proper authority. The order carried the further statement that failure to report at the hour and on the day designated in the order would constitute a violation of the Universal Military Training and Service Act, as amended, which is punishable by fine or imprisonment or both. The order was signed by the Clerk of Selective Service Board No. 10, Mrs. Della Faye Pauley.

6. Defendant Stidham failed and refused to report as ordered by the said order described in 5 above and entered a statement stating:

At a meeting held as required under Section 1660.20(c) agreement was not reached and I will not accept civilian work in lieu of induction.

/s/ Don O. Stidham dated May 27, 1964.

7. Pursuant to the stipulation and agreement made by counsel for plaintiff and defendant, defendant had exhausted all his administrative remedies and there was no procedural question involved in this case.

In discharge of "the task of the courts * * * to search the record for some affirmative evidence to support the local board's overt or implicit finding that a registrant has not painted a complete or accurate picture of his activities" (Dickinson v. United States, 346 U.S. at 396, 74 S.Ct. at 157), and to ascertain whether, on that record, "registrant's claim places him prima facie within the statutory exemption" (346 U.S. at 397, 74 S.Ct. at 158), we review the defendant's complete Selective Service file. Our further specific findings will be made in narrative form.

Defendant, born October 21, 1942, registered with Local Board No. 10 of Columbia, Missouri on October 26, 1960. Defendant stated in verified SSS Form No. 1 that the "State Farm Insurance Company" was the firm by whom he was then employed and that his occupation was that of a "file clerk".

On November 20, 1960, defendant gave the following answers to the Series V question relating to Occupation in his Classification Questionnaire, SSS Form No. 100 (defendant's answers are underlined as they were in the form):

Series V.—OCCUPATION

If Engaged in Agriculture, Also Fill in Series VI

1. The job I am now working at is . . .

Application file clerk

2. I do the following kind of work in my present job. . . . File application for insurance policy and the insurance policy after it is issued.

3. My employer is State Farm Insurance

(Address . . .) State Farm Mutual Missouri office Columbia, Mo (. . . business . . .) Insurance

4. (a) I was employed by my present employer on Sept. 18, 1960

(b) I entered the job described in items 1 and 2, this series on Sept. 18, 1960

(c) I am paid at the rate of $234.39 . . . per month

(d) I work an average of 38.45 hours per week.

5. Other business or work in which I am now engaged in is Worked on farm for dad

6. Other occupational qualifications, including hobbies, I possess are None

7. My prior work experience is Working on farm and hauling hay in the summer.

Defendant also answered the questions in Series VI, relating to Agricultural Occupation, apparently on the theory that he was "engaged in agriculture". In those answers he stated he was an "unpaid family worker;" that he was "not personally responsible for the operation of the farm where I work;" but that he "always helped his father with the hogs and cattle."

Defendant also signed Series VIII of the questionnaire, the Conscientious Objector section, which stated that "by reason of religious training and belief I am conscientiously opposed to participation in war in any form and hereby request that the local board furnish me a Special Form for Conscientious Objector (SSS Form No. 150)."

Although defendant was to subsequently represent to the Board that he had in fact been a "duly ordained minister" since April 16, 1955 (defendant would have been twelve years old at that time) no mention of that claim of occupation was made in his Classification Questionnaire.

Defendant, with the assistance of his mother, also a Jehovah's Witness, who described herself as a "minister and housewife," filed his Special Form for Conscientious Objector, SSS Form 150, on November 28, 1960. As a part of defendant's answers to that form, a copy of Vol. LXXII, No. 3, of the Watchtower, under date of February 1, 1951 was attached and incorporated as a part of defendant's answers by reference. It is not necessary to make detailed analysis of that document because the Board always recognized defendant's full claim as a conscientious objector by its consistent I-O classification.

The Board sent defendant a Current Information Questionnaire, SSS Form No. 127, on November 18, 1963. It was returned November 23, 1963. The questions in Series IV, entitled "Present Occupation" were answered as follows:

1. The job I am now working at is . . . I am a minister (which work I perform free) To provide material needs I work as night supervisor in mail & File.

2. I do the following kind of work in my present job . . . Supervise the pulling & filing of applications

3. My employer is State Farm Mutual Insurance Co.

(Address . . .) 1800 Business Loop 70 W Columbia, Mo. (. . . business . . .) Insurance

4. I have been employed on this job for 3 years and 2 months.

5. List any other occupational qualifications, including hobbies, you possess No answer

6. I speak fluently the following foreign languages or dialects no answer

7. I read and writ well the following foreign languages or dialects no answer

Defendant was first classified I-O on November 26, 1963. On December 6, 1963, signing himself "Don O. Stidham, Ordained Minister," he wrote the Board two letters. The first stated that:

Being

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