These two cases concern the prosecution of three defendants for violations of the provisions of the Universal Military Training and Service Act. 50 U.S.C.A.Appendix, § 451 et seq., 50 U.S.C.A.Appendix, § 451 et seq. We must determine the proper venue for the trial of these crimes.
Defendants Johnston and Sokol resided in the Western Judicial District of Pennsylvania and registered there with the local draft boards. Both were classified 1-O (conscientious objectors) and both were ordered to report to the boards for assignment of civilian work in lieu of induction. They were instructed to report to separate state hospitals situated in the Eastern Judicial District of Pennsylvania. They reported to the boards but personally refused to comply with the instructions. They were indicted in the Eastern District of Pennsylvania and the indictments were dismissed for lack of jurisdiction on the ground that venue could only be in the Western District. 131 F.Supp. 955. The Court of Appeals for the Third Circuit reversed and remanded the case for trial. That court reasoned that venue was where the defendants failed to report. 3 Cir., 227 F.2d 745.
Defendant Patteson, likewise classified 1-O, was ordered to report to his local board in Oklahoma for similar assignment. He, too, reported to the board and there personally refused to comply with instructions to report at the Topeka, Kansas, State Hospital. After indictment in Kansas, the Kansas District Court ordered the case transferred to Oklahoma under Rule 21(b), Fed.Rules Crim.Proc., 18 U.S.C.A. The Oklahoma court retransferred the case to Kansas as it thought the venue was there. The Kansas court thereupon dismissed the indictment on the ground that the venue was in Oklahoma. United States v. Patteson, D.C., 132 F.Supp. 67. The judgment was affirmed by the Court of Appeals for the Tenth Circuit. 229 F.2d 257.
Each registrant received an order, the pertinent parts of which follow:
'SELECTIVE SERVICE SYSTEM
'Order to Report for Civilian Work and Statement of Employer
'You are ordered to report to the local board named above at m. on the day of , 195 , where you will be given instructions to proceed to the place of employment.
'You are ordered to report for employment pursuant to the instructions of the local board, to remain in employment for twenty-four (24) consecutive months or until such time as you are released or transferred by proper authority.
'You will be instructed as to your duties at the place of employment.
'Failure to report at the hour and on the day named in this order, or to proceed to the place of employment pursuant to instructions, or to remain in this employment the specified time will constitute a violation of the Universal Military Training and Service Act, as amended, which is punishable by fine or imprisonment or both. ..........
'(Clerk or Member of the Local Board)
'Statement of Employer
'Failed to report
..........epo
'Personal Director'
None of the registrants entered the district of his indictment after receiving his orders.
The indictment in each case charges the registrant, a conscientious objector, with violation of § 12(a) of the Act. In the Johnston indictment the pertinent language is:
'* * * did knowingly neglect to perform a duty imposed upon him by the provision of said Act in that he failed and refused to obey an order of Local Board 87, New Castle, Pennsylvania, directing him to report for employment at Norristown State Hospital, Norristown, Pennsylvania, and to remain employed there for twenty-four consecutive months in violation of Title 50 U.S.C.Appx., Sections 456 and 462, as amended.'
'* * * did knowingly neglect to perform a duty * * * in that he failed to report to the Philadelphia State Hospital, * * * for assignment to perform civilian work contributing to the maintenance of the national health, safety or interest, in lieu of induction; in violation of Title 50, Appx. Secs. 456(j) and 462.'
'* * * did knowingly and willfully refuse, neglect and fail to report at the Topeka State Hospital at the time and place so designated in said order.'
The question at issue in these three cases is fairly presented by the registrants Johnston and Sokol in their petition for certiorari. It reads thus: