Frank

The Universal Military Training and Service Acts of 1948 and 1951, 50 U.S.C.A. Appendix § 451 et seq., require that if a claim for exemption because of “conscientious objections” is urged, the appeal board shall refer the case to the Department of Justice for “inquiry and hearing”, and that such officials shall make a recommendation to such board.

The question here presented is whether a prior “recommendation” by the Department of Justice somewhere along the line is so necessary a part of the draft procedure that the omission of it amounts to a lack of due process.

1. The Indictment

Filed on April 1, 1953, the indictment charges a violation of Section 12(a) of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462(a), refusal to submit to induction.

Summarized, the allegations of the indictment are:

The defendant, 20 years old, a registrant of Local Board No. 24 of the Selective Service System in Placerville, El Dorado County, California, hereinafter referred to as “the Local Board”, on March 12, 1953, having reported at Placerville for forwarding to an induction station for induction into the armed forces, and having been forwarded to an induction…