Hugo Black

“ As events developed prior to what became World War II, Congress again decided to draft young men for service in the Armed Forces. In the Selective Training and Service Act of 1940 it was provided that men subject to registration were to register 'at such time or times and place or places, and in such manner and in such age group or groups, as shall be determined by rules and regulations prescribed hereunder.' 54 Stat. ”

“ These principles indicate that the doctrine of continuing offenses should be applied in only limited circumstances since, as the Court of Appeals correctly observed in this case, ' (t) he tension between the purpose of a statute of limitations and the continuing offense doctrine is apparent; the latter, for all practical purposes, extends the statute beyond its stated term.' 410 F.2d, at 1158. These considerations do not mean that a particular offense should never be construed as a continuing one. ”

“ That time will not be the same day for all as it was in 1917, and from the Selective Service System's viewpoint the process of registration is a 'continuing' one. But from the registrant's viewpoint the obligation arises at a specific time. In Toussie's case it arose when he turned 18. ”

“ Since at the time of the initial registration under the 1948 Act there were men of various ages who had to be registered, the Act was phrased generally in terms of a duty imposed on the entire group. Under this authority the President in fact required registration of all men between 18 and 26 during the month of September 1948. ”

“ In that case the statute specifically provided that ' (e) very violation * * * shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed or through which the transportation may have been conducted * * *.' Id., at 73, 28 S.Ct., at 432. ”

“ IV) . If a student in such an institution withdraws, he would presumably be required to register since the Act specifically states that ' (n) o exemption from registration * * * shall continue after the cause therefor ceases to exist.' 50 U.S.C.App. § 456 (k) . Thus such a student may not be required to register until some time after his 18th birthday.↑ The regulation was first promulgated under the 1940 Act on June 4, 1941. Selective Service System Regulations Vol. 2, § IX, 205 (d) , 6 Fed.Reg. 2747.↑ See Fogel v. United States, 162 F.2d 54 (C.A.5th Cir.) , cert. ”