# United States v. Peter Hanlon Irons

> Court of Appeals for the Sixth Circuit · November 30, 1966 · 369 F.2d 557

URL: https://www.frixlaw.com/law-library/cases/9452340

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Peter Hanlon IRONS, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 30, 1966
- **Citations:** 369 F.2d 557; 1966 U.S. App. LEXIS 4209
- **Precedential status:** Published
- **Opinion:** Dissent by Edwards
- **Judges:** O'Sullivan, Edwards, Mathes
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

EDWARDS, Circuit Judge
(dissenting).
This case poses more difficulty for me than it seems to for my brethren.
Appellant Irons was tried, convicted, and sentenced to three years in the federal penitentiary on an indictment which in two counts charged him with “wilfully and knowingly” failing to perform two different duties required of him by the Universal Military Training and Service Act, 62 Stat. 613 (1948), 50 App. U.S.C. § 456(j) (1964).
The question in the background of this case is whether or not Irons can be guilty of “wilfully and knowingly” failing to perform the acts concerned when he did not know (nor did anyone else) that the statute (as subsequently constitutionally interpreted in United States v. Seeger, 380 U.S. 163 , 85 S.Ct. 850 (1965)) provided an exemption for which he could conscientiously apply.
Appellant Irons’ crucial decisions visa-vis his government were made at a time when he had every reason to believe that conscientious objector status was not available to him. Prior to Seeger, supra, conscientious objector status had never been accorded to persons like Irons who were not prepared to acknowledge “a Supreme Being.” This was true even though the persons concerned regarded war on deep moral and religious convictions as an anathema in which they could not conscientiously participate. Berman v. United States, 156 F.2d 377 (C.A.9, 1946), cert. denied, 329 U.S. 795 , 67 S.Ct. 480 , 91 L.Ed. 680 (1946); United States v. Bendik, 220 F.2d 249 (C.A.2, 1955); Universal Military Training and Service Act, supra.
The form supplied Irons by his draft board employed the statutory language which required his affirmation of belief in “a Supreme Being.” However simple this affirmation may seem to those of us of more orthodox religious sentiments, patently it was not simple for Irons. Moreover, such decision may not be constitutionally demanded of one of our citizens as a condition precedent to exercise of a legal privilege without violation of the guarantee of religious freedom contained in the First Amendment. United States v. Seeger, 326 F.2d 846, 851 (C.A. 2, 1964), aff’d, United States v. Seeger, 380 U.S. 163 , 85 S.Ct. 850 (1965); Toras-co v. Watkins, 367 U.S. 488 , 81 S.Ct. 1680 , 6 L.Ed.2d 982 (1961).
The court’s opinion seems to assume as a fact a conclusion as to which the record appears to me to be most ambiguous. This conclusion is that Irons’ refusals of physical examination and induction were founded upon total rejection of any governmental power over his conduct. My brother O’Sullivan has quoted most of Irons’ statements on this score. This position, of course, would not allow Irons to serve as a conscientious objector any more consistently than as a combat soldier.
As this record discloses, however, Irons also repeatedly referred to his position in conscientious objector terms. I refrain from quoting Irons’ prolific writing on this topic — except for sufficient to show that Irons’ views are more than arguably parallel to the sort of convictions which Seeger made eligible for conscientious objector status for the first time. A review of the language of the Supreme Court in its Seeger decision as compared to the positions taken by Irons seems to me to indicate that he would have applied for and might have been accorded conscientious objector status by his board if Seeger had been decided before and not after May 14, 1963.
It seems significant to me that Irons asserted a desire for conscientious objector status promptly after the Seeger *563 decision. It is clear that he never rejected conscientious objector status after Seeger.
The record before us also contains the following affidavit signed by Irons:
“Peter Hanlon Irons, the appellant in this action, being first duly sworn states that he has been ordered by the Court to serve and file with the Clerk of Court his verified response to the following inquiry: ‘Does appellant desire that his appeal be construed as his affirmation of a desire and willingness to seek and (if granted) to serve in conscientious objector status under the Universal Military Training Act as construed by United States v. See-ger, 380 U.S. 163 [ 85 S.Ct. 850 ] (1965)?’
“Peter Hanlon Irons further states his response to the above inquiry is: ‘ “Yes” and I understand this answer to mean that with the United States v. Seeger interpretation controlling, if I were classified 1-0 (conscientious objector status) I would report for a physical examination and would perform “civilian work contributing to the maintenance of the national health, safety, or interest” as provided in 50 USCA App. Section 456(j).’ ”
My brothers and the District Judge feel, however, that Irons’ failure to exhaust his administrative remedies forecloses any review of his classification or of any action by him or the Selective Service Board after February 8, 1963. This was the day Irons was ordered to report for his physical and failed to do so.
If the Selective Service Board had itself treated its own orders as final, this argument would have compelling force. Falbo v. United States, 320 U.S. 549 , 64 S.Ct. 346 (1944) and Estep v. United States, 327 U.S. 114 , 66 S.Ct. 423 (1946). It is clear to me, however, that the Selective Service Board had not as of that date finally decided upon Irons’ classification.
On May 14, 1963, after Irons had failed to report for both physical and induction, the Selective Service Board sent him a conscientious objector form asking him whether he desired to claim conscientious objector status. The record does not clearly disclose whether this was done because the Selective Service Board belatedly felt that they should have considered Irons’ letters prior to notice of physical exam and induction to have constituted such an application — or whether it simply granted a last opportunity for him to apply as a matter of administrative grace. In either event the record discloses that on July 28, 1964 an indictment for “wilfully and knowingly” failing to follow the orders of the draft board was the next official action following Irons’ rejection of the conscientious objector form sent him in May 1963.
The conscientious objector form accompanying the Selective Service Board letter, however, employed the “Supreme Being” test, a test which on March 8, 1965 the Supreme Court clearly rejected implying it to be an unconstitutional requirement. United States v. Seeger, supra.
The Selective Service Board letter to Irons of May 14, 1963 said in part as follows:
“On April 8, 1963 this local board received a letter from you with respect to the Order to Report for Induction that was mailed to you on April 2,1963. You failed to report for induction on April 19, 1963 in accordance with the order, and your case has again been reviewed by this local board.
“An order to Report for Armed Forces Physical Examination was mailed to you on January 25, 1963 scheduling your reporting date on February 8, 1963. On February 4, 1963 we received an undated letter from you with respect to this order. In reviewing that letter we note that among other things you stated ‘I have come to consider myself a Quaker.’ This statement raises a question in our minds as to whether or not you may claim to be a conscientious objector, and this question is further supported by numerous other expressions that you have *564 written that might indicate a claim of conscientious objection. The Selective Service Regulations require that when a registrant enters a claim of conscientious objection it is necessary that the local board forward a Special Form for Conscientious Objector, SSS Form 150, to him to afford him an opportunity to enter his claim in his file by completing and returning the form. It is our policy to liberally interpret statements of registrants with respect to 'a possible claim of conscientious objection as a request for a Special Form for Conscientious Objector. Because of this we are forwarding such a form to you in order that you may complete and return it to us to furnish information substantiating a claim that you may have.”
The letter also said that the sending of the form did not alter Irons’ “status with respect to the delinquency” declared by the board; but it clearly implied that Irons’ reply would be given consideration by the Board or by the State Director of Selective Service.
As we have noted the accompanying form required affirmance of “a Supreme Being.”
In reply Irons said:
“I have not filled out the enclosed form, but let me discuss here some of the points raised in the form, with the understanding that these are not answers to the questions and are not a claim for exemption. They are merely put forth so that we may better understand each other’s position. First, I do consider myself a Quaker, although as yet I belong to no Quaker meeting. I intend to join a meeting in Philadelphia as soon as I am married, since my fiance belongs to this meeting. I was born and raised a Unitarian, and as such was taught to approach religion with an open mind, free from dogma. Religion, to me, does not involve the worship of a Supreme Being in the orthodox sense, but is the attempt to evolve for oneself a set of ethical standards and values. The highest of these values is love, and this is the basis of my life. I do not always reach it, but in the striving is the religious quality of my life. I do not believe that I have any duties ‘superior to those arising from any human relation,’ since the entirety of my life involves human relationship. The concept of a supernatural God is one which I have not found to be meaningful.”
In the Seeger opinion the Supreme Court described some major religious groups in the United States as follows:
“Some believe in a purely personal God, some in a supernatural deity; others think of religion as a way of life envisioning as its ultimate goal the day when all men can live together in perfect understanding and peace.” United States v. Seeger, supra 380 U.S. at 174 , 85 S.Ct. at 858 .
Discussing the 1948 Amendment to the Universal Military Training and Service Act, 50 App. U.S.C. § 456(j), which reads in relevant part:
“Religious training and belief in this connection means an individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relation. * *
the court said:
“Under the 1940 Act it was necessary only to have a conviction based upon religious training and belief; we believe that is all that is required here. Within that phrase would come all sincere religious beliefs which are based upon a power or being or upon a faith, to which all else is subordinate or upon which all else is ultimately dependent. The test might be stated in these words: A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition. This construction avoids imputing to Congress an intent to classify different religious beliefs, exempting some and excluding others, and is in accord with the well-established congressional pol *565 icy of equal treatment for those whose opposition to service is grounded in their religious tenets.” United States v. Seeger, supra, at 176, 85 S.Ct. at 859 .
The opinion of the Supreme Court in Seeger was released March 8, 1965 three weeks before Irons’ trial on March 29, 1965. Furthermore at oral argument of this appeal counsel for the government conceded that prior to trial he knew that appellant, Irons, was taking the position that under the Seeger interpretation of the statute, 50 U.S.C.App. § 456(j), he was entitled to classification as a conscientious objector. And this was the effect of appellant’s testimony at trial.
It should be noted that we do not deal here with the difficult problem of retroactive or prospective effect of a Supreme Court interpretation which changed prior law. Cf. Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961); Linkletter v. Walker, 381 U.S. 618 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965); Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964); Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); and Johnson v. State of New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966).
My dissent does not assert that appellant is entitled to conscientious objector status or that he was classified 1A without any basis in fact for that classification. Estep v. United States, 327 U.S. 114 , 66 S.Ct. 423 (1946).
In this case between appellant’s being sent a conscientious objector questionnaire which required his affirmance of an unconstitutional condition and his trial for violating Universal Military Training and Service Act orders, the Supreme Court eliminated the previous unconstitutional condition. I would hold that under these facts appellant should have been given a chance prior to trial to apply to the Selective Service Board for conscientious objector status under the See-ger ruling.
As I read this record no final decision has ever been made by the Selective Service Board under the law as it was declared to be by the Supreme Court in Seeger prior to Irons’ trial and conviction. In my opinion the Justice Department and the District Court should have required in the interest of justice such a completion of the administrative record —and we should now.
I would vacate this conviction and remand for further proceedings consistent with this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452340. Public record. Not legal advice.