Jones

MEMORANDUM OF DECISION

Defendant has been charged with refusal to submit to induction under 50 U.S.C. App. § 462.

The matter is presently before the court on defendant’s motion to dismiss the indictment upon the grounds that the power of Selective Service to induct into the armed forces expired on July 1, 1971, (50 U.S.C. App. § 467); that the Congress has failed to extend the power; that, therefore, the whole Selective Service Act, including the criminal provision under which defendant was indicted, has expired and that, therefore, the present prosecution must be held abated and the case dismissed.

Section 467(c) provides:

That section by its express terms merely terminates the power to induct persons after July 1, 1971. Nowhere in the Act as it is stated, either directly or indirectly, that the entire Act terminates on that date. Nor does a review of the legislative history of the Selective Service Act support defendant’s contention that Congress intended that the entire Act should terminate.

Defendant’s position is further weakened by the exception in § 467(c) which permits induction after July 1, 1971 of persons previously deferred under the Act if such deferment has…