Burl Melton Howze v. United States
Opinion
Opinion
Stephens, J.
The appellant has been convicted of failing to remain in employment after he was assigned civilian work upon being classified 1-0 (conscientious objector) by his local draft board. Title 50 U.S.C.A. Appendix, § 462. He appeals his conviction on three grounds: That he should have been classified II-C (essential farm worker); that the proof did not conform to the charge; and, that the order of the Draft Board to perform civilian labor was unconstitutional.
A II-C classification is authorized when the registrant is engaged in producing a substantial quantity of agricultural commodities necessary for the national health, safety or interest. 32 C.F.R. § 1622.24 (a). This is measured
A registrant is deemed engaged in activity which is necessary for the national' health, safety or interest only when
“(1) The registrant is, or but for a seasonal or temporary interruption would be, engaged in such activity.
“(2) The registrant cannot be replaced because of a shortage of persons with his qualifications or skill in such activity.
“(3) The removal of the registrant would cause a material loss of effectiveness in such activity.” 32 C.F.R. § 1622.23 (a).