Ex parte Reaves
U.S. Circuit Court for the District of Middle Alabama
Habeas Corpus. Petition for habeas corpus by P. A. Reaves to regain the custody of his minor son, who was held by the chief of police of the city of Montgomery, Ala., on the charge of being a deserter from the navy. The minor, Who resided in the city of Montgomery, Ala., with his father, left home and went to Meridian, Miss., where he enlisted in the navy.
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Habeas Corpus. Petition for habeas corpus by P. A. Reaves to regain the custody of his minor son, who was held by the chief of police of the city of Montgomery, Ala., on the charge of being a deserter from the navy. The minor, Who resided in the city of Montgomery, Ala., with his father, left home and went to Meridian, Miss., where he enlisted in the navy. He was then, and still is, under the age of 18 years, but procured bis enlistment by falsely representing to the recruiting officer that he was over 18 years of age. After deserting his ship, lie returned home, and was in the custody of his…
1Opinion of the Court
JONES, District Judge.
The statutes (U. S. Comp. St. 1901, pp. 1007, 1008) regarding enlistments in the navy concern three classes of minors: First, those who cannot be enlisted at all; second, those who “shall not be enlisted” without the consent of the parent or guardian; third, those who may, perhaps, enlist of their own volition, regardless of the consent of parent or guardian.
Where minors “who shall not be enlisted” in the army or navy, without the consent of parent or guardian, nevertheless enlist without consent, the inferior courts of the United States and the highest courts of the…
2Cases cited26 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Ex Parte MilliganSupreme Court of the United States · 1867
- United States v. KirbySupreme Court of the United States · 1869
- In Re GrimleySupreme Court of the United States · 1890
- Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
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3Cited by4 opinions
- United States v. ReavesCourt of Appeals for the Fifth Circuit · 1903
- Ex parte DunakinDistrict Court, E.D. Kentucky · 1913
- Ex parte AveryDistrict Court, E.D. North Carolina · 1916
- In re Lee Chee Hing ex rel. Jung HungDistrict Court, D. Hawaii · 1903