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UNITED STATES v. GALLUPPI

May 2, 1972

UNITED STATES of America
v.
Gene Dwight GALLUPPI


Hannum, District Judge.


The opinion of the court was delivered by: HANNUM

HANNUM, District Judge.

 The defendant was tried on December 2, 1971 for violation of 50 App. U.S.C. § 462 (1967). He was charged with the failure to report for civilian employment pursuant to an order issued by his Local Board No. 36, Doylestown, Pennsylvania (hereinafter referred to as the "local board" or "board"), dated January 24, 1969. At the conclusion of all the evidence, leave was granted to counsel for the submission of proposed findings of fact and conclusions of law and briefs which have now been filed.

 FINDINGS OF FACT

 1. Defendant registered with the Selective Service System through Local Board No. 36 on July 12, 1966.

 2. In the Form 100 submitted by the defendant at the time of his registration, he claimed to be a minister of the Jehovah Witness faith, not formally ordained, since the age of ten (10) years. The defendant answered Series VII and VIII of form 100 as follows:

 
"Series VII. -- MINISTER OR STUDENT PREPARING FOR THE MINISTRY
 
1. I have been a minister of the Jehovah's Witnesses (Name of sect of denomination)
 
and (check one): HAVE X HAVE NOT been formally ordained.
 
3. I am a student preparing for the ministry pursuing a full-time course of instruction at the (Name and address of theological or divinity school) under the direction of (Name of church or religious organization)
 
2. I was formally ordained at on (date) by .
 
4. I am a student preparing for the ministry under the direction of (Name of church or religious organization) pursuing a full-time course of instruction at the (Name and address of school) leading to my entrance into (Name and address of theological or divinity school) in which I have been pre-enrolled.
 
Series VIII -- CONSCIENTIOUS OBJECTOR
 
(DO NOT SIGN THIS UNLESS YOU CLAIM TO BE A CONSCIENTIOUS OBJECTOR)
 
I claim to be a conscientious objector by reason of my religious training and belief and therefore request the local board to furnish me a Special Form for Conscientious Objector (SSS Form No. 150).

 Gene Dwight Galluppi

 (Signature)"

 3. The registrant was sent a Form 150, Conscientious Objector Questionnaire, which he completed and returned in timely fashion on March 16, 1967. The answer to pertinent parts thereto provide as follows:

 "Series II. -- RELIGIOUS TRAINING AND BELIEF

 1. Do you believe in a Supreme Being? X Yes No

 2. Describe the nature of your belief which is the basis of your claim made in Series I above, and state whether or not your belief in a Supreme Being involves duties which to you are superior to those arising from any human relation.

 I claim 'exemption from both combatant and non-combatant training and service in the Armed Forces' because I adhere to the Bible's counsel at Exodus 20:5 which says, 'I Jehovah your God am a God exacting exclusive devotion.'

 Because of my Bible training and the admonition given at Genesis 9:6 that says, 'Anyone shedding man's blood, by man will his own blood be shed', and the counsel at Deuteronomy 5:15 which says, 'You must not murder,' I claim exemption from the Armed Forces.

 3. Explain how, when and from whom or from what source you received the training and acquired the belief which is the basis of your claim made in Series I above.

 I received my training from my mother who studied with one in the books from Paradise Lost to Paradise Regained and Let Your Name Be Sanctified, approximately 2 years before I was baptized and became one of Jehovah's Witnesses.

 4. Give the name and present address of the individual upon whom you rely most for religious guidance.

 Mr. Richard Rodehauser, 1111 Doylestown Pike, Quakertown, Pennsylvania.

 5. Under what circumstances, if any, do you believe in the use of force?

 The only circumstance where force would be used would be in self-defense. I heed Jesus word's at Matthew 5:39 which says; 'Do not resist him that is wicked; but whoever slaps you on the right cheek, turn the other also to him.' However, if that slap were to do bodily harm to me I am obligated to defend myself. Also, learning the arts of self-defense such as judo, karate, and jujitsu would be taking time away from serving my heavenly father. The message I bring from house to house is not one that would make a person become hostile toward me and so I have no need to be afraid. My motive is to teach one willingly and not forcefully.

 6. Describe the actions and behavior in your life which in your opinion most conspicuously demonstrate the consistency and depth of your religious convictions.

 Jehovah's Witnesses have five meetings a week. A congregation book study during the week where we study a publication of the Watchtower Bible and Tract Society of Pennsylvania, and where I orally express answers to the questions asked. Also during the week is the Ministry School and the Service Meeting. I regularly participate in the Ministry School by giving oral prepared talks on certain subjects which help me to prepare sermons for my door to door work. On Sunday we have two more meetings. The public talk followed by the Watchtower study. The public talk is a lecture on a topic of much interest today. During the Watchtower study I make 'public declaration of my faith' by again answering questions asked. I regularly attend these meetings which build up my religious convictions.

 Also, I regularly participate in the door to door activity on weekends proclaiming the good news of Jehovah's Kingdom to all those I meet as is the counsel at Acts 20:20: 'While I did not hold back from telling you any of the things that were profitable nor from teaching you publicly and from house to house.'

 7. Have you ever given public expression, written or oral, to the views herein expressed as the basis for your claim made in Series I above? If so, specify when and where.

 Yes, as was stated in question six above, because of my regularly attending these meetings and participating in them, accepting either combatant or noncombatant duty would be going against my convictions. I rely on the scripture at Matthew 22:37-40: 'You must love Jehovah your God with your whole soul and with your whole mind.' This is the greatest and first commandment. The second, like it, is this, 'You must love your neighbor as yourself.' Therefore, one would not go out and do damage to himself so certainly he wouldn't do it against his neighbor. For this reason I could not lift up arms against another person.

 Series IV. -- PARTICIPATION IN ORGANIZATIONS

 1. Have you ever been a member of any military organization or establishment? If so, state the name and address of same and give reasons why you became a member.

 No

 2. Are you a member of a religious sect or organization? X Yes No If your reply to item 2 is "Yes," complete items (a) through (e).

 (a) State the name of the sect, and the name and location of its governing body or head if known to you.

 Jehovah's Witnesses; Watchtower Bible and Tract Society of Pennsylvania, Brooklyn, New York.

 (b) When, where, and how did you become a member of said sect or organization?

 On August 19, 1966, when I was Baptized as one of Jehovah's Witnesses in Baltimore, Maryland.

 (c) State the name and location of the church, congregation or meeting where you customarily attend.

 Quakertown Congregation of Jehovah's Witnesses; 9th and Mill Streets, Quakertown, Pa.

 (d) State the name, title and present address of the pastor or leader of such church, congregation, or meeting.

 Mr. Stephen Waller; congregation servant; 14th Street, Quakertown, Pa.

 (e) Describe carefully the creed or official statements of said religious sect or organization in relation to participation in war.

 3. Describe your relationships with and activities in all organizations with which you are or have been affiliated, other than military, political, or labor organizations.

 I am a congregation publisher of Jehovah's Witnesses."

 4. On March 16, 1967, the defendant was classified 1-A by the local board.

 5. The Form 150, Conscientious Objector Questionnaire was received by the local board on March 16, 1967.

 6. By letter dated March 21, 1967, the defendant requested a personal appearance. The letter provides as follows:

 
"Local Board No. 36
 
Pearce Building
 
108 North Main Street,
 
Doylestown, Pa. 18901
 
Dear Sirs:
 
I would like to have a personal appearance with the board. I claim to be a conscientious objector; but when my classification came, I was classified 1-A. As was stated in my form for conscientious objectors, I cannot accept combatant or non-combatant service in the Armed Forces.
 
I follow the advice at John 17:16 where Jesus said: 'They are no part of the world, just as I am no part of the world.' We as Jehovah's Witnesses are imitators of Jesus and, therefore, must follow his commands as the Apostle Peter said at Acts 5:29: 'We must obey God as ruler rather than men.'
 
Thank you for your cooperation.

 Sincerely yours,

 /s/ Gene Galluppi

 Gene Galluppi"

 7. During his personal interview on April 19, 1967 the defendant requested both (IV-D) and a (I-O) classification. The local board memorandum of that appearance provides:

 
"GALLUPPI, Gene Dwight SSS No. 36-36-48-215
 
Board Members present: Daniel Atkinson -- chairman
 
William Greenawalt
 
Edward Keck
 
Russell Schanley
 
Registrant appeared for appearance as scheduled. Stated that he desires a 4-D classification or a I-O classification. He has been associated for six years with the Jehovah's Witness. He goes from house to house preaching as his church directs. He is employed full-time during the week but devotes week-ends to preaching. Registrant claims he has heart murmur.
 
Testimony taken by Eliz. Maeraz -- Assistant Clerk"

 8. On the same date as the personal appearance, April 19, 1967, the defendant was classified I-A by the local board. This was the last time the ...


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