Victor Langston Langhorne v. United States

This is a selective service case. Appellant, claiming to be a conscientious objector (Class 1-0) and also claiming a ministerial exemption (Class IV-D), was classified as a conscientious objector and ordered to report for civilian employment contributing to the maintenance of the national health, safety and interest. He refused and was subsequently indicted, tried and convicted of a violation of 50 U.S.C. App. § 462(a). He appeals on the ground that his claim for exemption as a minister was improperly denied and that the work to which he was assigned was inappropriate.

The board acted within its power in determining that appellant was not a “regular or duly ordained minister of religion” within the meaning of 50 U.S.C. App. § 466(g) (3). Appellant held a full time job as a service station attendant. On the record it is difficult to find that appellant devoted more than ten hours a week to ministerial work. Appellant’s position on the facts is much weaker than the position of the registrant in Badger v. United States, 322 F.2d 902 (9 Cir. 1963), cert. den. 376 U.S. 914 , 84 S.Ct. 669 , 11 L.Ed.2d 610 (1964), reh. den. 376 U.S. 973 , 84 S.Ct. 1134 , 12 L.Ed.2d 88 (1964). In the…