BLACK, J., concurring.

Nevertheless, these defendants' conduct c be appraised without an understanding of t provisions against which they vehement For testimony as to these protests was a vi evidence against them-without that part they could not possibly have been convict sary to distinguish between honest objec legitimate wrongs, and sham protests wh the real purpose. Language and actions ants which is crucial to their conviction in the light of the fact that it follow Selective Service Act which contained visions.

Sections 8 (a) (b) of the Selective 885, 890, provides that persons wh into and honorably discharged from service shall be accorded high prefe to their reemployment by public o Congress declared in these sections man must be restored to his form had "been on furlough or leave riod of training and service in t and that he should be so restor out loss of seniority or other 1 employees. Section 308 (i) of that

"It is the expressed policy ever a vacancy is caused in t business or industry by reaso ice of the United States of: provisions of this Act such any person who is a memb the German-American Bu After the passage of th themselves in this position members were subject to

enting.

chneller who is not shown spiracy.

d local leaders of the Gerembership was made up of ty or descent. They have y to violate § 11 of the Selec- Stat. 885, which imposes a son "who knowingly counsels, de registration or service in the

that petitioners and others conong the members of the Bund document known as Bund Order Counsel, direct and urge those to re made known that they should e service in the land or naval forces Order No. 37 was ostensibly pubi the Bund against the adoption by as an amendment to the Selective declared:

sed policy of the Congress that whencaused in the employment rolls of any y by reason of induction into the service tes of an employee pursuant to the proet such vacancy shall not be filled by any member of the Communist Party or the can Bund."

" was printed in the German language, and anslation of it was submitted to the jury. attention to the fact that all citizens who ssed their thirty-sixth year were required etive Service Act to register, it continued, must be complied with unhesitatingly" and

iction into the military service is not justified, it concerns Bund members and American Ger

STONE, C. J., dissenting.

325 U.S.

Snug Harbour, 3 Pet. 99, 125, 168, 169. As to legislation having a similar setting, this Court has said:

"... in the pursuit of happiness all avocations, all honors, all positions, are alike open to every one, and . . in the protection of these rights all are equal before the law. Any deprivation or suspension of any of these rights for past conduct is punishment, and can be in no otherwise defined. . . . A bill of attainder is a legislative act which inflicts punishment without a judicial trial. . . These bills are generally directed against individuals by name; but they may be directed against a whole class." Cummings v. Missouri, 4 Wall. 277, 321-323. See also Ex parte Garland, 4 Wall. 333.

I cannot agree that the convictions of these defendants can be sustained on the basis of the evidence presented by the prosecution, weighed along with that section of the Selective Service Act which would stigmatize honorably discharged soldiers as unworthy to hold a job and earn : living.

MR. JUSTICE RUTLEDGE.

I concur in the Court's judgment and in the opini to the effect that the evidence is insufficient to sustain 1 conviction. I think that is true whether "evade," as u in § 11 of the Selective Training and Service Act of 19 means a species of fraudulent conduct or willful ref or resistance of induction. Without Command Nc the case collapses. But one sentence in it bears any sibility of construction as counseling evasion, wheth the sense of refusal or of artifice or fraud. That sen is conditional, not absolute. The whole command, i judgment, is no more than vehement protest agair (i), sheer political discussion. More than this is nece

MR. CHIEF JUSTICE STONE, dissenting.

MR. JUSTICE REED, MR. JUSTICE DOUGLAS, MR.. JACKSON and I think the judgment should be affi

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STONE, C. J., dissenting.

325 U.S.

of statutes do not usually limit the application of the chosen word to only some of its common meanings without indicating their purpose to do so, the word, read in its context in the statute, is far more revealing of the legislative purpose than the arbitrary selection of one of its dictionary meanings to the exclusion of others which are equally applicable.

Here the statute shows on its face that the word "evade" is used in § 11 as meaning avoidance of or escape from military service either by the failure or the refusal to perform a duty which would otherwise result in the performance of the service, or by means of fraud, craft, or artifice, in meeting the requirements of the Selective Service Act. Section 11 imposes criminal penalties upon any person "charged . . . with the duty of carrying out any of the provisions of this Act . . . who shall knowingly fail or neglect to perform such duty." But it also imposes penalties upon any such person "who shall knowingly make, or be a party to the making, of any false, improper, or incorrect registration, classification . . and any person who shall knowingly make, or be a party to the making of, any false statement or certificate It then provides for a like application of the Act to any person "who otherwise evades registration or service in the land or naval forces or any of the requirements of this Act, or who knowingly counsels, aids, or abets another to evade registration or service in the land or naval

craft or force; save oneself from, as an impending evil; as, to evade an argument or a crisis." Webster: "To escape; to slip away . . . to get away from by artifice; to avoid by dexterity, subterfuge or ingenuity... to escape or avoid, often by the use of skill, dexterity, or contrivance." Oxford: "To escape by contrivance or artifice from . . . to avoid, save oneself from . . . to elude. Nonce-use: 'go out of. Opposed to invade.'" Century: "To avoid by effort or contrivance; escape from or elude in any way, as by dexterity, artifice, stratagem or address; slip away from; get out of the way of . . . to escape; slip away."