Witmer v. United States

• Court: U.S. Supreme Court
• Writing for the Court: CLARK
• Citation: Witmer v. United States, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428 (1955)
• Decision Date: 14 March 1955
• Docket Number: No. 164,164
• Parties: Philip Andrew WITMER, Petitioner, v. UNITED STATES of America

348 U.S. 375

75 S.Ct. 392

99 L.Ed. 428

Philip Andrew WITMER, Petitioner,

v UNITED STATES of America.

No. 164.

Argued Feb. 1, 1955.

Decided March 14, 1955.

Mr.Hayden C. Covington, Brooklyn, N.Y., for petitioner.

Mr. Julius F. Bishop, of Washington, D.C., for respondent.

Mr. Justice CLARK delivered the opinion of the Court.

Petitioner, a member of the Jehovah's Witnesses, stands convicted of failing to submit to induction into the armed forces in violation of § 12(a) of the Universal Military Training and Service Act, 62 Stat. 622, 50 U.S.C.Appendix, § 462(a), 50 U.S.C.A.Appendix, § 462(a). On trial, he centered his defense on the contention that he was wrongfully denied exemption as a conscientious objector. This Term, we have been asked to review a relatively large number of criminal prosecutions involving various procedural and substantive problems encountered in effectuating the congressional policy of exempting conscientious objectors from military service. We have granted petitions for certiorari in this and the three following cases, 348 U.S. 812, 75 S.Ct. 42, to consider certain of the problems recurring in these prosecutions.¹

Section 6(j) of the Universal Military Training and Service Act, 62 Stat. 612, as amended, 50 U.S.C.Appendix, § 456(j), 50 U.S.C.A.Appendix, § 456(j), provides that no person who, 'by reason of religious training and belief, is conscientiously opposed to participation in war in any form', shall be required to undergo combatant training or service in the armed forces. The conscientious objector, to prove his claim, fills out a questionnaire in which he makes a short statement of his religious beliefs and cites evidence, such as prior public expression of his views, to demonstrate his sincerity. If, on the basis of this and a personal interview, the local Board decides that the requisite beliefs are sincerely held, the registrant will be classified a conscientious objector. If the local Board denies the claim, the registrant has a right of appeal to the Appeal Board. That Board, before reaching a final decision, refers the registrant's file to the Department of Justice for 'inquiry and hearing.' As the first step in this auxiliary procedure, the Federal Bureau of Investigation investigates the registrant's claim and refers its report to a hearing officer of the Department of Justice. The registrant may then appear before this officer to present evidence and witnesses in his behalf. After this, the hearing officer makes a report to his superiors in the Department of Justice, suggesting a disposition of the case. The Department, after reviewing the registrant's file, the FBI report and the report of the hearing officer, writes a short recommendation, stating its reasons and whether it has concurred in or overruled the suggestion of the hearing officer. This recommendation of the Department of Justice is transmitted to the Appeal Board and placed in the registrant's file. The statute provides that 'the appeal board shall, in making its decision, give consideration to, but shall not be bound to follow, the recommendation of the Department of Justice * * *.' 62 Stat. 613, 50 U.S.C.Appendix, § 456(j), 50 U.S.C.A.Appendix, § 456(j). The Appeal Board, then, on the basis of the registrant's full file before it, comes to its conclusion, which, in the usual case, is the final determination of the Selective Service System. 62 Stat. 620, 50 U.S.C.Appendix, § 460(b)(3), 50 U.S.C.A.Appendix, § 460(b)(3).

There is no direct judicial review of the actions of the Appeal Boards. Questions concerning the classification of the registrant may be raised either in a petition for habeas corpus or as a defense to prosecution for failure to submit to induction into the armed forces. All four of the cases decided today have arisen through the latter route.

On January 31, 1951, Witmer filed his classification questionnaire, together with an explanatory letter stating that he worked 40 hours a week in a hat factory and also cultivated a portion of his father's farm. In the letter, Witmer stated that he intended to bring more of the farm under cultivation and closed, 'For this reason I am appealing to you to grant me an agricultural classification as I assure you that I will increase production year after year, and contribute a satisfactory amount for the war effort and civilian use.'²

In his general questionnaire, Witmer expressly disclaimed any ministerial exemption by writing the phrase, 'Does not apply,' opposite the line inquiring whether he was a 'Minister, or Student Preparing for the Ministry.' He did claim to be a conscientious objector, however, although, on the special form for those claiming such classifications, he failed to fill in the specifications supporting his objections to combatant or noncombatant service. On this special form, witmer wrote 'My training and belief in relation to a Supreme Being involves duties superior to those arising from any human relation. This prevents me from turning aside from those superior duties which I owe to a superior Being.' Therefore, he wrote, he was required to maintain neutrality in the 'combats of this world,' and was permitted the use of force only 'at the command of Almighty God.' Although he inserted a negative answer to the question asking whether he had given public expression to his conscientious objector views, he claimed that he had demonstrated his convictions by studying the Bible and by telling others about God's Kingdom and 'of how He will put a stop to all wars.'

On February 21, 1951, the local Board classified Witmer I—A, denying his claims for classification as a farmer and a conscientious objector. Eight days later, he wrote the Board advising them that he intended to appeal from their action and requesting classification as 'a minister of the gospel.' Less than a week after posting this claim, he left his job in the hat factory, and shortly thereafter, at his appearance before the local Board, Witmer presented an affidavit from a local officer of the Jehovah's Witnesses that he had 'on many occasions' engaged in the 'preaching of the good news or gospel to others.' At the same time, he submitted a written statement that he carried Bibles and study aids from door to door, and, further, that one could be ordained as a minister of the Jehovah's Witnesses without attending a seminary or performing funeral or marriage ceremonies. In this statement Witmer wrote, 'The work that I now do is of greatest universal importance therefore I could not take part in a conflict of national or even international importance.' At the conclusion of the hearing, the Board felt the evidence did not warrant classification as a minister and 'informed the registrant his case would be sent up to the Appeal Board following his physical examination.'³

The Appeal Board, pursuant to the Act, forwarded the case to the Department of Justice. Apparently, the FBI report contained nothing unfavorable to petitioner and even included statements that he appeared 'very religious and very sincere' and that he had said it was wrong to go to war.

At the Department hearing, Witmer asserted that he could not engage in noncombatant service since he felt that 'the boy who makes the snow balls is just as responsible as the boy who throws them.' On the basis of the entire file, including the FBI report and the interview, the hearing officer suggested a conscientious objector classification. The Department of Justice, however, concluded that Witmer's inconsistent statements together with his offer to contribute to the war effort precluded such a classification and recommended to the Appeal Board that Witmer's claim be denied. After consideration, that Board retained petitioner in I—A, and when ordered to report for induction, he refused to submit. This prosecution followed, and Witmer's conviction, 115 F.Supp. 19, was affirmed by the Court of Appeals for the Third Circuit, 213 F.2d 95. We granted certiorari 348 U.S. 812, 75 S.Ct. 42.

The primary question here is whether, under the facts of this case, the narrow scope of review given this Court permits us to overturn the Selective Service System's refusal to grant petitioner conscientious objector status. It is well to remember that it is not for the courts to sit as super draft boards, substituting their judgments on the weight of the evidence for those of the designated agencies. Nor should they look for substantial evidence to support such determinations. Dickinson v. United States, 1953, 346 U.S. 389, 396, 74 S.Ct. 152, 157, 98 L.Ed. 132. The classification can be overturned only if it has 'no basis in fact.' Estep v. United States, 1946, 327 U.S. 114, 122, 66 S.Ct. 423, 427, 90 L.Ed. 567. In Dickinson v. United States, 1953, 346 U.S. 389, 74 S.Ct. 152, 155, 98 L.Ed. 132, the most recent case in which this...