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The lack of definitive measures of governing those who refused to participate
in World War I resulted in cruel treatment, and in some cases, the death
of COs. Some of the difficulties during that period have been attributed
to the narrowness of the law, the slowness and indecisiveness of the War
Department in providing for noncombatant military service, and the lateness
of provisions for alternative service (1).
But by 1940, as the United States moved away from neutrality and reinstated
the draft, the government saw a need to rectify the inadequacies confronted
during the First World War and implemented an act which specifically provided
for two types of COs: (1) those willing to render noncombatant military
service, and (2) those unwilling to render any kind of military service.
Section 5 (g) of the Selective Training and Service Act of 1940, contained
the following provisions:
Nothing contained in this Act shall be construed to require any person
to be subject to combatant training and service in the land or naval forces
of the United States who, by reason of religious training or belief, is
conscientiously opposed to participation in war in any form. Any such person
claiming such exemption from combatant training and service because of
such conscientious objections whose claim is sustained by the local board
shall, if he is inducted into the land or naval forces under this Act,
be assigned to noncombatant service . . . or shall, if he is found to be
conscientiously opposed to such participation in such noncombatant service,
in lieu of such induction, be assigned to work of national importance under
civilian direction (2).
- Under the Selective Training and Service Act, two distinct classifications
for COs were recognized. Of the two, the first Class 1-A-O, meant that
the applicant was willing to render service in the military, but objected
to service which required use of arms. Men who obtained this classification
were usually assigned to a medical unit.
- ___________________________
- 1. Mulford Q. Sibley and Philip E. Jacob, Conscription of Conscience:
The American State and
- the Conscientious Objector, 1940-1947 (Ithaca, N. Y., 1952),
15.
- 2. 54 U. S. Stat. at L. (1940), 885 at 889.
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