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Supreme Court — Part 20
Page 3
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«
c
HIGH COURT BACKS
SECT DRAFT CHARG
Upholds Conviction of Minister
ASehevah's Witnesses Who
Evaded Induction
WASHINGTON, Jan. 3 UP)—The
Supreme Court ruled today that a
draft registrent who objects to the
classification given him by a draft
board must repert for duty before
he can test in the courts the valid-
gity of the board's action. :
The 8-to-l1 opinion by Juatice
® Hugo L, Black, with Justice Frank
Murphy dissenting, aaid it was
“well understood” that “dire conse-
quences might flow from apathy
and delay” and that the Selective
Service Act was passed “to mobilize
gratlonat manpower with the speed
@ which that necessity and under-
atanding required,”
Justice Black explained that an
order to report for induction was
Qnot “the equivalent of acceptance
for service" because “the selectee wee oe
msy still be rejected at the induc-lthe criminal proceedings, Anau
Ftion center and the conscientious|againat rim for failure to report,
jobjector who is opposed to non-; Justice Biack's majority opinion,
combatant duty may be rejected at(which confirms the district court
the civilian public service camp.”
Tuling, said thet "Congress was not
“Thus,” Justice Black asserted,
required to provide for judicial in-
# board order to report is no more/tervention before final acceptance
than a necessary indeterminate
of an individual for national
atep In a united and continuow
service."
Process designed to rhise an army) In his dissent, Justice Murphy
speedily and efficientiy,.” -
eaid thet there Was no “express or
ecision specifically involved|implied barrier” in the Selective
on
Nic albo of Weat Newton, Pa.,|Service Act to the granting of “a
& member of Jehovah’s Witnesses. | full judicial review of induction or-
Mr. Faibo contended that he ahould
have been classified es @ miniater
completely sxempt from wilite
training and service,
Instead he was classified as
conscientious objector and was or-
dered to report for work under
ders in criminal proceedings.”
The Supreme Court refused to
Teview the conviction of Bidne
ing te report for induction
into the Army after his claim for
Classification as a consclentious
objector had been dented.
‘noes Government
‘® court that Mr, Fatna's pistes. |e is
tions to his classification could bel tine 5
tested by applying for « t oflt
habeas corpus after ni hat
re
duty. -— a hire Ravinabree ry wat of habeas
gaat : legality Sf the board's 14
ao ath ee ee h catical a
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