Appendix — Cohen v. United States

APPENDIX

Section 117 of the Criminal Code (18 U.S. C.

207) provides :

Whoever, being an officer of the United

States, or a person acting for or on behalf

of the United States, in any official capacity,

under or by virtue of the authority of any

department or office of the Government

thereof; or whoever, being an officer or

person acting for or on behalf of either

House of Congress, or of any committee of

either House, or of both Houses thereof,

shall ask, accept, or receive any money, or

any contract, promise, undertaking, obliga-

tion, gratuity, or security for the payment

of money, or for the delivery or conveyance

of anything of value, with intent to have his

decision or action on any question, matter,

cause, or proceeding which may at any time

be pending, or which may by law be brought

before him in his official capacity, or in his

place of trust or profit, influenced thereby,

shall be fined not more than three times the

amount of money or value of the thing so

asked, accepted, or received, and imprisoned

not more than three years; and shall, more-

over, forfeit his office or place and there-

after be forever disqualified from holding

any office of honor, trust, or profit under the

Government of the United States.

Section 37 of the Criminal Code (18 U. 8. C.

88) provides:

If two or more persons conspire either to

commit any offense against the United

aR A Vt 2

(24)

25

States, or to defraud the United States in

any manner or for any purpose, and one

or more of such parties do any act to effect

the object of the conspiracy, each of the

parties to such conspiracy shall be fined

not more than $10,000, or imprisoned not

more than two years, or both.

The Selective Training and Service Act of 1940

(54 Stat. 885, 50 U. S. C. Appendix 301-318)

provided in part, as follows:

Sec. 10 (a). The President is author-

ized—* * *

(2) to create and establish a Selective

Service System, and shall provide for the

classification of registrants and of persons

who volunteer for induction under this Act

on the basis of availability for training and

service, and shall establish within the Selee-

tive Service System civilian local boards

and such other civilian agencies, including

appeal boards and agencies of appeal, as

may be necessary to carry out the provisions

of this Act. There shall be created one or

more local boards in each county or po-

litical subdivision corresponding thereto of

each State, Territory, and the District of

Columbia. Each local board shall consist

of three or more members to be appointed

by the President, from recommendations

made by the respective Governors or com-

parable executive officials. No member of

any such loeal board shall be a member of

the land or naval forces of the United

States, but each member of any such loeal

board shall be a civilian who is a citizen of

the United States residing in the county or

political subdivision corresponding thereto

in which such local board has jurisdiction

under rules and regulations preseribed by

26

Wage RES |

the President. Such local boards, under

rules and regulations prescribed by the

President, shall have power within their

respective jurisdictions to hear and deter-

3 mine, subject to the right of appeal to the

4 appeal boards herein authorized, all ques-

tions or claims with respect to inclusion for,

or exemption or deferment from, training

and service under this Act of all individuals

within the jurisdiction of such local boards.

The decisions of such local boards shall be

; final except where an appeal is authorized

in accordance with such rules and regula

tions as the President may preseribe, Ay)

peal boards and agencies of appeal within

; the Selective Service System shall be com

posed of civilians who are citizens of the

4 United States. No person who is an officer,

% member, agent, or employee of the Selective

Service System, or of any such local or

appeal board or other agency, shall be ex-

cepted from registration, or deferred from

training and service, as provided for in this

othe Sees oc Or eR Oy

iW We er kee:

§ Act, by reason of his status as such officer,

; member, agent, or employee ;

a * * x * *

The Selective Service Regulations provided in

pertinent part:

LOCAL BOARDS

* * * * *

603.54 Jurisdiction. The jurisdiction of

each local board shall extend to all persons

registered in, or subject to registration in,

the area for which it was appointed and

to all persons whose Registration Cards

(Form 1) are duly transferred to it. It

shall have full authority to do and perform

: all acts authorized by the selective service

law.

* * * * *

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GOVERNMENT APPEAL AGENTS

603.71 Appointment and duties. (a)

For each local board, a government appeal

agent shall be appointed by the President,

upon recommendation of the Governor.

The duties of the person so designated are:

To appeal from any classification by a local

board whieh, in his opinion, should be re-

viewed by the board of appeal; to care for

the interests of ignorant registrants and

their dependents with respect to appeals

and, where the decision of the local board

is Against the interests of such persons and

where it appears that such persons may not

take appeals, due to their own nonculpable

ignorance, to inform them of their rights

and assist them to enter appeals to the

hoard of appeal; and, after classification, to

investigate and report upon matters which

are submitted for his investigation by the

local board. It shall also be the duty of

such government appeal agent, where the

interests of justice may require, to suggest

to the local board a reopening of any case

and to impart to the local board any in-

formation which in his opinion ought

to be investigated. The government appeal

agent should expedite the examination of

the records of registrants as soon as they

have been classified by the local board in

order that appeals to the board of appeal,

where found necessary, may be filed within

the time limit specified in the regulations.

* * * * *

REGISTRATION CERTIFICATES

617.1 Effect of failure to have Regis-

tration Certificate in personal possession.

Every person required to present himself

28

for and submit to registration must have a

Registration Certificate (Form 2) in his

personal possession at all times and, upon

request, must exhibit it to any law-enforce-

ment officer, any representative of the See-

retary of State, any representative of the

Secretary of the Treasury, any representa-

tive of the Attorney General, any official of

National Headquarters for Selective Serv-

ice, any official of a State Headquarters for

Selective Service, any member of a local

board or board of appeal, any government

appeal agent, and any other official desig-

nated by the Director of Selective Service.

The failure of any such person to have such

Registration Certificate (Form 2) in_ his

personal possession shall be prima facie

evidence of his failure to register. Such

person upon becoming a member of the

armed forees shall surrender such Regis-

tration Certificate (Form 2) to his com-

manding officer who will dispose of it in

accordance with the current orders of his

service,

* * * * *

CLASSIFICATION

* * * * *

eae i

(a) In Class I-C shall be placed every

registrant who is, or who by induction,

enlistment, or appointment becomes, a com-

missioned officer, warrant officer, field clerk,

pay clerk, or enlisted man of the Regular

‘Army, the Navy, the Marine Corps, the

Coast Guard, the Federally recognized

active National Guard, the Officers’ Reserve

Corps, the Army of the United States, the

Regular Army Reserve, the Enlisted Re-

serve Corps, the Naval Reserve, the Marine

Corps Reserve, or the Coast Guard Reserve

29

(other than temporary); or a cadet of the

United States Military Academy; or a mid-

shipman of the United States Naval Acad-

emy; or a cadet of the United States Coast

Guard Academy; or a man who has been

accepted for admittance (commencing with

the academie year next succeeding such ac-

ceptance) to the United States Military

Academy as a cadet, or the United States

Naval Academy as a midshipman, or to the

United States Coast Guard Academy as a

vadet, but only during the continuance of

such acceptance.

(b) A registrant who enlists or is in-

ducted into the land or naval forces, other

than by volunteering under the Selective

Training and Service Act of 1940, as

amended, and being inducted through a

local board, shall be classified in Class I-C

when the local board receives authentie in-

formation that such registrant is in the

land or naval ferees. No Selective Service

Questionnaire (Form 40) shall be mailed

to such registrant. No eredit shall be given

for such registrant until the Director of

Selective Service receives, from the land

or naval forces, a Home Address Report

(Form 166), covering such registrant.

ER a

Local Board Memorandum No. 80, issued to all

local boards January 10, 1942 by the Director of

Selective Service, provided in part [Italics

added]:

Previous War Department poliey with

regard to the separation from active mili-

tary service of inducted and enlisted men

has been amended and new instructions

issued under War Department Circular No.

270, provide as follows:

* * * * *

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30

The Selective Service System will be

consulted on claims of Dependency, Erro-

neous Induction, or Importance to National

Health, Safety, or Interest,

DEPENDENCY—PROCEDURE FOR SEPARATION

a. Requests for release on account of de-

pendency will be granted only where the

evidence submitted clearly indicates that

the release of the soldier is necessary to

prevent or relieve destitution,

b. Such separation will be made only

after the inducted man files a written re-

quest with his commanding officer. After

investigation by the Red Cross, the com-

manding officer will make proper disposi-

tion of the request for discharge. Local

boards will continue to cooperate with rep-

resentatives of the Red Cross by furnishing

such pertinent information as may be avail-

able. The recommendation of the local

board is desired, but no additional investi-

gation will be made,

e. If sueh inducted man is separated

from active military service by reason of

dependeney, such separation will be made

by transfer to the Enlisted Reserve, and

the local board will retain such man in class

Le.

ERRONEOUS INDUCTION——PROCEDURE FOR

SEPARATION

a. Erroneous induetion shall mean any

instanee in which the indueted man claims

that, in the procedure leading up to his in-

duction, he was denied some legal right,

which fact, if established, would render the

induetion illegal.

b. Such separation will be made only

after the indueted man files a written re-

quest with his commanding officer, who

31

will forward the request to The Adjutant

General, When the request is received by

The Director of Selective Service from

The Adjutant General, it will be referred

to the proper local board for report and

recommendation, When completed, the re-

port and recommendation will be for-

warded to The Director of Se lective Serv-

ico by the State Director, whose recom-

mendation will also be included.

« If such inducted man is discharged

‘rom active military service by reason of

erroneous induction, the separation will be

accomplished in such a manner that the

man will assume a status as though he had

hot been madueted, and the local board will

then proceed with the classification of such

man as it would in the case of any other

registrant.

IMPORTANCE TO NATIONAL HEALTH, SAFETY,

OR IN TEREST——PROCEDURE FOR SEPARATION

a. An inducted man may be separated

from active military service by reason of

his being necessary to the maintenance of

national health, safety, or interest. (In ef-

fect this is a claim that the inducted man

meets the requirements of Class T1-A.)

b. Such separation will be made only

after the inducted man files a written re-

quest with his commanding officer, who will

forward the request to The Adjutant Gen-

eral. When the request is received by The

Director of Selective Service from The

Adjutant General, it will be referred to the

proper local board for report and recom-

meudation, When completed, the report

Zio A St. tie 30 ahaaileds

32

and vecommendation will be forwarded to

The Director of Selective Service by the

State Director, whose recommendation will

also be included.

¢. If such inducted man is separated from

active military service by reason of being

necessary to the maintenance of the national

health, safety, or interest, such separation

will be made by transfer to the Enlisted

Reserve, and the local board will retain such

man in Class [-C,

RECONSIDERATION OF CLASSIFICATION——PRO-

CEDURE FOR SEPARATION

a. In addition to the reasons for separa-

tion listed in War Department Circular No.

270, a man may be separated from active

service by reason of Reconsideration of

Classifieation, upon the recommendation of

the local board.

b. Reconsideration of Classification as a

reason for separation shall refer te any

instance in which the inducted man claims

that in the process of classification prior to

his induetion he was placed in an tneorreet

classification by the local board upon con-

sideration of information imadequate or er-

roneous in whole or in part.

e, Such separation will be made only after

the inducted man files a written request with

his commanding officer, who will forward

the request to The Adjutant General. Sueh

separation will be accomplished only upon

the recommendation of The Director of Se-

lective Service. When the request is re-

ceived by The Director of Selective Service

from The Adjutant Generel, it will be re-

ferred to the proper local board for report

and recommendation. The local board will

then consider anew the classification of the

33

registrant in light of information now in tts

possession and will forward the report and

recommendation to The Director of Selee-

tive Service by the State Director, whose

recommendation ivill also be included.

d. Tf such inducted man is separated from

active military service by reason of recon-

sideration of classification, such separation

will be made by transfer to the Enlisted

Reserve, and the local beard will retain such

man in Class I-C.

Local boards should keep in close touch

with men transferred to the Enlisted Re-

serve, and in the event of a change of status

which would make them eligible for active

duty, recommendation for order to active

military service should be made to the

Corps Area Commander through the State

Director.

After a man has been inducted inte mili-

tary service he passes into military control

and questions concerning his retention in

or separation from active service are re-

sponsibilities of the War Department. A//

final determinations must be made by the

military authorities and it is the expressed

intention and desire of the War Depart-

ment that such determinations be made in

accordance with the facts presented and in

the best interests of all concerned. It is

the function of all elements of Selective

Service, when called upon through proper

channels, to assist the War Department

with information and recommendation con-

sistent with the facts.

Memorandum to all State Directors No. 1-415,

dated April 17, 1942, from National Headquar-

ters Selective Service System, reads in part as

follows, concerning furloughs:

34

Supsect: Furtovans (IV)

1. The War Department has issued in-

structions to Corps Area Commanders lib-

eralizing the policy under which furloughs

may be granted to inductees. Furloughs

will ordinarily be granted for a period of

not to exceed ten days and will begin not

later than five days after induction. When

the soldier lives at a great distance from

the reception center, furloughs up to fiiteen

days may be granted. If more than a day's

travel is required, the Induction Officer will

be authorized to grant furloughs at the in-

duction station.

2. It is recommended that you immedi-

ately get in touch with Corps Area repre-

sentatives to arrange necessary details. In

areas where the distance involved or the

transportation facilities make such action

: advisable, particular attention should be

: given to arrangements which will permit

the furlough of registrants by Induction

Station Commanders.

* . * * *

5. Local boards will be directed to atttach

to the delivery list the names of those se-

lectees for whom furloughs are recom-

mended. Furloughs will) invariably — be

granted if recommended by the tocal board.

6. State Directors will make every effort

to insure full cooperation with induction

stations and Reception Center Command-

ers. A report of the arrangements in effect

in each State, together with copies of all

directives to local boards, will be forwarded

to National Headquarters.

Memorandum to all State Directors No, 1-423,

dated May 18, 1942, from National Headquarters

Selective Service System to all state directors,

SEES MAR aN

reads in part as follows:

35

Supsect: RELEASE FROM ACTIVE SERVICE

FOR FOURTEEN DAYS IMMEDIATELY FOLLOWING

INDUCTION (TV)

1. The present policy of granting fur-

loughs to inducted men will be discontinued

on June 15, 1942, or as soon thereafter as

arrangements can be made by conference

with the State Director and the Corps Area

Commander. The new procedure will pro-

vide that every inducted man will be re-

leased from active service at the induction

station for a period of approximately four-

teen days, unless he prefers to proceed

directly to the Reception Center. This will

be accomplished by transferring the in-

ducted man to the Enlisted Reserve Corps

immediately following his induction and

issuing orders recalling him to active serv-

ice at the end of the fourteen-day period.

The Army will furnish transportation,

meals and lodging of such reservists en

route to the city in which the local board is

located and from that point to the Reeep-

tion Center.

* * * * *

5. Local boards are not responsible for

the return of reservists to the Reception

Center, since they are under the jurisdic-

tion of the appropriate Corps Area Com-

mander and are individually responsible

for compliance with the orders issued. If,

however, a reservist is unable to comply

with his orders due to sickness or unavoid-

able reasons, the chairman of the local board

will include this information in the tele-

gram to the Reception Center Commander.

In such cases, if the reservist reports to

the local board at a later date he will be

forwarded to the Reeeption Center on a

transportation request issued by the loca!

36

board, quoting the Procurement Authority

noted on the reservist’s order.

6. Many of the disadvantages of the fur-

lough system will be eliminated in this new

procedure. Every man who wishes to re-

turi: to his home will be given the oppor-

tunity to do so without being required to

establish his reasons for returning. In-

vestigation and recommendation by the local

board is no longer necessary. Reservists

are released from active service at the in-

duction station instead of the Reception

Center. They travel at Government ex-

pense in local board groups under an ap-

pointed leader. Farewell ceremonies may

be arranged at the time the group departs

for the Reception Center, since all of the

men in such groups have been accepted for

military servicé and ordered to active duty.

None will be faced with the embarrassment

of returning home following such cere-

monies.

State Director Advice No, 204 issued May 8,

1943, by the Director of Selective Service provided

in part:

1. Following is an excerpt from a memo-

~andum which has been dispatched by the

Adjutant General to the commanding gen-

eral of each service command :

* * = theperwes * * * ww

ducing the normal period between induction

and reporting at a reception center from

fourteen (14) days to seven (7) days is

aA nd che i ac MIS FES RE aA. hs dic tc ale ila dtl: an ARRON 9 2h ce Bia Sali cai NG Ria mS

as

a revoked,

& 2. At your convenience, but prior to July

{ 1, 1943, the period in the Enlisted Reserve

4 Corps will be extended to fourteen (14)

3 days and prior to September 1, 1943, this

3 period will be extended to twenty-one (21)

3

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37

days. These changes as directed will, after

conference with State Directors of Selective

Service, be accomplished gradually and in

such maner as to cause the minimum inter-

ference with current processing schedules.

3. The length of the period in the Enlisted

Reserve Corps directed on any single day

at any specific induction station will be the

same and must be either seven (7), fourteen

(14), or twenty-one (21) days. There is no

objection to certain induction stations within

a service command authorizing a seven-day

period in the Enlisted Reserve Corps and

other stations on the same day authorizing

fourteen or twenty-one days.

4. Nothing in this directive is to be con-

strued as revoking the authority of the com-

manding generals of service commands to

extend the period in the Enlisted Reserve

Corps in certain individual cases when such

extension is necessary to prevent extreme

hardship. The recommendations of the

State Directors in such cases will be given

maximum consideration.

d. The War Department recognizes the

desirability of commanding general of serv-

ice commands authorizing pre-examination

of specific individual registrants when so

requested by the State Directors of Selective

Service when facilities for such examina-

tions are available.

* * * * *

S. 9. GOVERNMENT PRINTING OFFICE: 1946