United States v. Robert James Rippe

Appellant failed to report for civilian work in lieu of induction into the military service in violation of an order of his Local Draft Board. He was classified 1-0. On June 12, 1967 the Local Board, at a meeting with a representative of the State Director, determined as follows:

Thereafter the office of the National Director authorized the issuance of an order by the Local Board requiring the registrant Rippe to perform the type of civilian work deemed appropriate for him. On August 2, 1967 an order to report for civilian work was issued. On August 14, 1967 a letter was directed to Mr. Rippe to report for civilian work at the Los Angeles County Department of Charities. He failed to appear and did not report to receive instructions.

The principal contention of the appellant is that the order for induction was issued by the clerk and not by the board. She issued the order after communicating by telephone with the members of the board and thus received their authority to send the order. The clerk was merely confirming the vote rendered at the meeting previously held on June 12, 1967. There was no change. She was implementing the quoted determination set forth above.

This question…