United States ex rel. Seldner v. Mellis

HAYES, District Judge.

The relator in this case has sought a writ of habeas corpus to test the legality of his imprisonment in the custody of the respondent for violating the regulations of the army, and relies entirely on the case of Billings v. Truesdale, 321 U.S. 542, 64 S.Ct. 737, and alleges that he was never inducted into the armed services of the United States within the meaning of that case.

The facts in this case, however, clearly show that the Billings case has no application. The relator did refuse to take the oath but the army authorities explained to him that it was not essential…