Zuziak v. United States, 9686.
| Decision Date | 22 April 1941 |
| Docket Number | No. 9686.,9686. |
| Parties | ZUZIAK v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
James B. O'Connor, of San Francisco, Cal., for appellant.
Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.
Before WILBUR, HANEY, and HEALY, Circuit Judges.
The appeal is from a judgment of conviction for a violation of the Selective Training and Service Act of 1940, 50 U.S. C.A. § 301 et seq.
The indictment charged that appellant, being a male citizen of the United States of the age of thirty-one years, and under the duty to present himself for and submit to registration under the provisions of § 2 of the Act of Congress known as the Selective Training and Service Act of 1940, 50 U.S. C.A. § 302, on or about the 18th day of October, 1940, upon being discharged from a jail, to wit, the city prison of the City and County of San Francisco, of which he was then an inmate, did then and there unlawfully, knowingly, etc., refuse and fail to present himself for and submit to registration and selective compulsory military training as in the act provided. Appellant demurred to the indictment and his demurrer was overruled. Upon his conviction he moved in arrest of judgment, and the motion was denied.
It is claimed that the court erred in both of these respects in that the indictment fails to charge an offense against the laws of the United States. Appellant's argument is that the act is not effective until such time as the President issues rules and regulations and proclaims the date and place of registration; hence, the indictment is insufficient because it does not plead the issuance of the proclamation and regulations, or charge a violation of them.
We briefly summarize the pertinent provisions of the act and of the regulations. Section 2 makes it the duty of every male citizen or resident alien who, on the day fixed for the first or any subsequent registration, is between the ages of 21 and 36, to present himself for and submit to registration at such time and place as shall be determined by regulations prescribed under the act. By § 10(a) 50 U.S.C.A. § 310(a), the President is authorized to prescribe rules and regulations necessary to carry the act into effect. Section 11, 50 U.S.C. A. § 311, provides that any person who knowingly evades registration or fails or neglects to perform any duty devolving upon him under the act or the regulations, shall, upon conviction of such offense, be subject to fine or imprisonment, or both. Section 14(a), 50 U.S.C.A. § 314(a), provides that every person shall be deemed to have notice of the requirements of the act upon publication by the President of a proclamation fixing the time for registration under § 2.
Pursuant to the power granted, the President by proclamation No. 2425, set October 16, 1940, as the date when persons subject to registration should register. By proclamation No. 8545 the President made additional rules and regulations, one of which provides:
Thus, at the time specified in the indictment as the date of the commission of the offense, the day of registration had been designated, and specifically the time and manner of registration of those confined in jail. Of this the court takes judicial notice. There was no need to plead the issuance of the proclamation or regulations or to charge in so many words that they were violated; nor would the pleading of them in any way have aided appellant. It is obvious that the indictment fully informed the accused of the nature of the charge so...
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