Edwards

This is an appeal from a judgment sentencing appellant to one year in the penitentiary upon conviction on an indictment charging that appellant, having been classified by his local selective service board as a conscientious objector — that is Class IV-E • — did knowingly and wilfully refuse to report for work of national importance, he having been ordered so to do by his selective service board.

Appellant claims that he has a constitutional right to due process in the hearing of the board in the classification proceeding and that it was denied him by the arbitrary and unjust conduct of that tribunal, citing Bradley v. City of Richmond, 227 U.S. 477 , 33 S.Ct. 318 , 57 L.Ed. 603 . It is not necessary to pass upon that constitutional question or on the constitutional right to seek the federal court’s protection of that right in the present proceeding under claimed interpretations of the cases of Falbo v. United States, 320 U.S. 549 , 64 S.Ct. 346 , and Billings v. Trucsdell, 321 U. S. 542 , 64 S.Ct. 737 — particularly the language of the latter case at page 558 of 321 U.S. at page 746 of 64 S.Ct. that “Moreover, it should be remembered that he who reports at the induction station…