Wiley Blount Rutledge

“ The constitutional specification is geographic; and the geography prescribed is the district or districts [12] within which the offense is committed. This may or may not be the place where the defendant resides; where the draft board is located; or where the duty violated would be performed, if performed in full. The places of residence, [13] of the draft board's location, of final and complete performance, [14] all may be situated in districts different from that where the criminal act is done. When they so differ, it is the latter, not any of the former, which determines the jurisdiction. ”

“ It is, of course, necessary in order to decide where the crime is committed to ascertain what duty it was, the failure to perform which constitutes the crime, and also what acts of the defendant constituted the violation. ”

“ Accordingly this Court has jurisdiction of the appeal. We therefore pass to consideration of the merits.
The 'jurisdictional' provision in § 11 is apparently derived from the Selective Draft Act of 1917, 40 Stat. 76, 50 U.S.C.A.Appendix, § 201 et seq. [7] Section 6 of that statute provided that those charged with offenses under or against the Act 'shall, if not subject to military law, be guilty of a misdemeanor, and upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprisonment for not more than one year.' (Emphasis added.) ”