The opinion of the court was delivered by: MUIR
The Defendant, Garrett Richard German, by indictment dated February 17, 1972, was charged with failing to report for civilian work of national importance in violation of the Selective Service Act of 1967, 50 App. U.S.C. § 462. At his arraignment on May 8, 1972, Defendant pleaded not guilty, and trial was set for December 4, 1972, with the proviso that if a major anti-trust action scheduled for a 13-week trial beginning June 1, 1972 should settle, Defendant's trial could, at his option, be accelerated to August, 1972. The anti-trust case did settle but Defendant declined his acceleration option. The Defendant executed a waiver of trial by jury. Before the Court is Defendant's motion to dismiss the indictment or, in the alternative, to find him not guilty, by reason of the alleged invalidity of the draft board's order to report for civilian work and because of a lack of speedy trial.
The facts of the case are undisputed.
1. The Defendant, Garrett R. German, was born on November 7, 1948, and, on or before the fifth day next after his eighteenth birthday, registered with Selective Service System Local Board No. 89 in Allentown, Pennsylvania. Thereafter, he was assigned Selective Service Number 36-89-48-822.
2. On January 4, 1967, Local Board No. 89 mailed the Defendant an SSS Form No. 100 (Classification Questionnaire) which he duly completed, executed and returned.
3. On his SSS Form No. 100, the Defendant stated that he was a high school graduate, was and had been a minister of the Watch Tower Bible and Tract Society since his ordination on January 16, 1960, and claimed to be a conscientious objector by reason of this religious training and belief. The Defendant further stated that he was employed as a farm machinery mechanic for Trexler Orchards, working an average of 50 hours per week.
4. The Defendant was mailed an SSS Form No. 150 (Special Form for Conscientious Objector) by his local board, which he completed and returned on January 27, 1967.
5. On February 20, 1967, Local Board No. 89 classified the Defendant in Class I-O (Conscientious Objector Available for Civilian Work Contributing to the Maintenance of the National Health, Safety or Interest). On the same day, the Local Board mailed an SSS Form No. 110 (Notice of Classification) to the Defendant.
6. The Defendant did not appeal his I-O classification.
8. The Defendant reported on May 24, 1967, as ordered, and was thereafter sent to the Wilkes-Barre AFEES where he was examined and was found fully acceptable for induction under current standards.
9. A DD Form 62 (Statement of Acceptability) was mailed to the Defendant on May 29, 1967, which advised him of his acceptability for induction.
10. By letter and certificate received on September 17, 1968, the Defendant advised Local Board No. 89 of his marriage on August 30, 1968, to Miss Donna Gildner.
11. On December 18, 1968, by an SSSP Form No. 3174, the local board advised the Defendant that, as a I-O registrant, he had been reached in the order of selection and was liable to perform his civilian work obligation. The board additionally requested the Defendant to seek and to obtain suitable employment to satisfy his obligation and to have his employer notify the local board of the fact of his employment on an SSSP Form No. 1018, enclosed for that purpose.
12. By letter dated December 23, 1968, and received by his local board on December 26, 1968, the Defendant stated in part:
"I realize the importance of this situation, but as a Christian minister of Jehovah, I may not accept this type of work. My conscience will not allow me to do this because it would be a compromise against my religion."
The Defendant also enclosed the SSSP Form No. 1018 which had previously been sent him.
13. By letter dated January 22, 1969, the local board's Executive Secretary advised the Defendant that, in accordance with Selective Service System Regulations then in effect (32 C.F.R. 1660.20(c)), three types of work and four possible employers were submitted for his consideration and that, within ten days, the Defendant should advise his local board of his acceptance of one or of his rejection of all.
14. By letter received January 29, 1969, the Defendant told his local board:
"I respectfully acknowledge your letter, but, as I previously stated in my last letter dated December 23, 1968, I cannot accept this type of work. My conscience will not permit me to accept any of these jobs.
"I plan to enroll in the full time ministry, but, I will not be fully qualified until June. At this time I will enroll in the pioneer service."
15. On February 24, 1969, the local board sent to the Defendant an SSS Form 152 (Special Report for Class I-O Registrants) for completion and return within ten days.
16. By letter received on March 4, 1969, the registrant returned the SSS Form No. 152 uncompleted, stating:
". . . I do not wish to seem indifferent, but, after considering all aspects of this situation I am still unable to comply with this type of work. According to my religious training and beliefs I cannot accept any ...