Napore v. Rowe
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Petition for writ of habeas corpus by John Napore against James PI. Rowe and others, members of the Focal Draft Board of Butte, Mont., John K. O’Rourke, Sheriff of Silver Bow County, Mont., and the United States, a party affected by the decision.
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Appeal from the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Petition for writ of habeas corpus by John Napore against James PI. Rowe and others, members of the Focal Draft Board of Butte, Mont., John K. O’Rourke, Sheriff of Silver Bow County, Mont., and the United States, a party affected by the decision. From an order that petitioner be discharged from custody, respondents appeal; The appellee filed in the court below a petition for a writ of habeas corpus, alleging that he was not a citizen of the United States and had never declared his…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The petition for the writ is based upon the propositions that an alien, who has not declared his intention to become a citizen of the United States, is not subject to military duty; that the affidavit which the appellee presented to the local board, wherein he set forth that he was a non-declarant alien, was in itself sufficient to place him in the exempted class; and that therefore the local board in North Dakota had no authority to induct him into military service and certify him as a deserter. The court below was of that opinion, and held that the…
2Cases cited10 opinions
- The Japanese Immigrant CaseSupreme Court of the United States · 1903
- Angelus v. SullivanCourt of Appeals for the Second Circuit · 1917
- United States ex rel. Koopowitz v. FinleyDistrict Court, S.D. New York · 1917
- United States ex rel. Troiani v. HeyburnDistrict Court, E.D. Pennsylvania · 1917
- Summertime v. Local Board, Division No. 10District Court, E.D. Michigan · 1917
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3Cited by6 opinions
- United States Ex Rel. Trainin v. CainCourt of Appeals for the Second Circuit · 1944
- Ex Parte GreenCourt of Appeals for the Second Circuit · 1941
- United States ex rel. Feld v. BullardCourt of Appeals for the Second Circuit · 1923
- Ex parte ThieretCourt of Appeals for the Sixth Circuit · 1920
- United States v. Di LorenzoDistrict Court, D. Delaware · 1942
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