contributing to the maintenance of the national health, safety or interest as defined in § 1660.1 which it deems appropriate, but such order shall not be issued prior to the time that the registrant would have been ordered to report for induction if he had not been classified in Class I-O, unless he has volunteered for such work.'
The defendants argue that the whole intent of the Act and the regulations issued in conformity therewith is to confine the work, permitted to be ordered, to work done in national institutions. With this interpretation this court cannot agree. The sole limitation placed on the work to be done is that it contribute to the 'maintenance (emphasis supplied) of the national health, safety, or interest as the local board may deem appropriate.' 50 U.S.C.A.Appendix, 456. There is no requirement of 'national' work here. Only 'civilian work contributing to the maintenance of the national health.' It is of national importance that a sick person be restored to mental or physical health, whether this be accomplished in a state, county, or federal hospital.
The work done to aid in restoration to health, mental or physical, of residents or citizens of the United States is incontestably of importance to the United States and directly relates to the maintenance of national health. This nation is a union of states, indissolubly bound together. That which affects conditions of health and well-being in each state has an effect on the country as a whole. None of our citizenry is so isolated from his fellows that his fate is entirely unrelated to theirs. Though not determinative, the interest of the sovereign in the institutions involved here is indicated by the assistance given them by the Federal Government and by the fact that patients are received at the behest of federal agencies and there maintained by them.
After careful consideration it is believed that the contention of the defense as to this point must be rejected. The work orders are valid and in furtherance of our nation's interest. Congress has the power to compel any one to perform military service in spite of religious conviction. Brooks v. United States, 2 Cir., 147 F.2d 134. It must naturally follow that it is only through congressional grace that one is permitted to do civilian work. Roodenko v. United States, 10 Cir., 147 F.2d 752.
Moreover, the entire history and purpose of the 13th Amendment indicates it was neither intended to reduce our people's duties nor to deprive our Government of its was powers, nor its power to provide for the national defense. Butler v. Perry, 240 U.S. 328, 332-333, 36 S. Ct. 258, 60 L. Ed. 672. A draftee in the army is not forced into involuntary servitude in violation of the Amendment. Arver v. United States, 245 U.S. 366, 390, 38 S. Ct. 159, 62 L. Ed. 349. A man who is classified a conscientious objector through legislative grace, Dickinson v. United States, supra, may not be allowed to prevail in an argument based on alleged rights under the same Amendment, or the specious pretext that service in a state or county hospital constitutes involuntary servitude.
In view of the foregoing this court is of the opinion that neither the regulations nor the specific orders issued thereunder are violative of the statute and that there is no violation of the constitutional guaranty contained in the 13th Amendment as alleged. The court concludes that each defendant is guilty as charged.
Let this constitute findings of fact and conclusions of law.
Let a judgment of guilty be entered in each case.
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