53 F. Supp. 906 | W.D.N.Y. | 1943
By this proceeding the relator challenges the legality of his classification and induction under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix §301 et seq. His claim for exemption from combatant and non-combatant service as a conscientious objector was rejected by the local board, and subsequently by the appeal board after a hearing and report by the Department of Justice. At his request an appeal was taken to the President under the provisions of the Selective Service Regulations, pursuant to which he was classified 1-A. He was thereupon inducted and is now stationed at the United States Naval Training Station at Sampson, New York.
The review here must be limited to the question of the legality of the order of the draft board directing the relator to report for induction and the determination of the Director of Selective Service, by authority of the President, on the presidential appeal pursuant to sec. 628.1 of the Selective Service Regulations. The order rests on the determination of the Director which finally classified the relator 1-A and not on the alleged erroneous interpretation
If I am wrong in regard to the limit of the review here, the question of whether the hearing officer correctly applied the law to the facts as found by him is open for consideration in this proceeding. He concluded on the evidence that the relator was sincerely opposed to war in any form; that not only was his belief predicated on no concept of a deity or supernatural power but that it was that of a philosophical humanitarian, which he understood to mean that mankind is sufficient to itself, that it owes no obligation to any power except humankind and that it may achieve perfection in and of itself without the interposition of any deity or supernatural power. I understand the Kauten case and the Phillips case to mean that the intention of Congress in granting the exemption was to give the benefit of it to those whose objections to war amounted to conscientious scruples and not to those whose objections were based on political or philosophical grounds. The reasoning of the hearing officer indicates that his recommendation was based on the determination that the relator’s conviction that war is wrong was arrived at solely on intellectual or rational grounds as distinguished from a compelling voice of conscience. Adherence to a conviction, howsoever unyielding, does not necessarily mean that conscience prevents a departure from it. It may evidence no more than an inward complacence that the conviction was arrived at by inexorable logic. Even political causes are not without their firm adherents. Conscience connotes something more than persistence. It confesses the inadequacy of intellect and transcends reason itself. I think the hearing officer correctly interpreted the law.
The writ is dismissed and the relator is remanded to the custody of the respondent.