United States of America Ex Rel. Mark P. Sheldon v. Major General Charles S. O'malley, Jr., Commanding General, Military District of Washington

McGOWAN, Circuit Judge:

This appeal is from an order of the District Court denying habeas corpus relief to an Army officer seeking discharge from the service as a conscientious objector. The case was heard upon appellees’ return to an order to show cause, in which return appellees moved the dismissal of the petition for the writ for want of subject matter jurisdiction or, alternatively, for failure to state a cause of action. The District Court, in a bare order which made no reference to these alternative claims, dismissed the petition. For the reasons set forth hereinafter, this was error;…