Richard D. Smith v. Melvin Laird, the Secretary of Defense

This appeal is taken by the United States from an order of the United States District Court for the District of New Mexico, 353 F.Supp. 446, granting Captain Richard D. Smith’s petition for a writ of habeas corpus and discharging him from the Air Force as a conscientious objector. The writ was granted upon the express condition that Doctor Smith perform alternative service under the civilian work program administered by the Selective Service System for the duration of his active duty obligation. Doctor Smith appeals from that portion of the order making his discharge conditional. His…