Atherton

Twenty-one persons in camp as conscientious objectors to participation in war in any form were indicted and convicted on counts charging a knowing failure and neglect to perform certain duties required of them under the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq., hereinafter referred to as the Act. The appeals are consolidated.

Appellants were classified IV-E as conscientious objectors by their local Selective Service boards and were assigned to work of national importance at a Civilian Public Service Camp No. 76 at Glendora, California.

The Act provided for assignment of those so classified to do work of national importance under civilian direction. The President, by virtue of his authority under the Act, set up an operative agency headed by the Director of Selective Service. A number of Army officers were detailed for service with the Selective Service Head *838 quarters. By virtue of Executive Order No. 8675, February 6, 1941, 6 Fed. Reg. 83 , the Director of Selective Service was empowered to determine what constituted work of national importance, and to effectuate a plan to utilize the manpower under classification IV-E for that purpose.…