Charles Simon v. United States

The appellant was convicted of refusing to submit to induction into the armed forces -of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. Before the Selective Service boards he had claimed exemption as a conscientious objector. The appeal board finally placed him in Class I-A-O, that is to say, he was listed as a person conscientiously opposed to participation in war but subject to noncombatant service as defined in the Act. Upon the trial below he asserted that his order to ' report for induction was invalid for the reason that his classification was without basis in fact and because he was denied a fair hearing both at the time of his personal appearance before the local board and at the time of his hearing before a hearing officer designated by the Department of Justice.

This case bears a striking resemblance to the case of Tomlinson v. United States, 9 Cir., 216 F.2d 12 . While there is no claim here, as there was by Tomlinson, that the appellant was denied any rights in respect to his presentation of a claim that he should have been classified as a minister, yet the facts outlined in the Tomlinson case with…