Ex parte Henkes
District Court, D. Kansas
Habeas Corpus. Petition by David A. Henkes for writ to secure his discharge from the United States Disciplinary Barracks at Ft. Leavenworth. On demurrer of petitioner to the response of the commandant of the United States Disciplinary Barracks.
1Opinion of the Court
POLLOCK, District Judge.
This is an application for writ of habeas corpus. The facts, briefly stated, are, as follows:
Petitioner, for many years prior to our entrance into the late war, was a captain in the regular army. His father was born in Germany; his mother in this country. On account of his lineage petitioner had an aversion to engaging actively in a war against a nation of his kin*277dred. Hence, on May 26, 1917, he tendered his resignation, not stating therein his actual motive for so doing. Acceptance of this resignation was recommended by his superior officer, to whom it was tendered.…
2Cases cited18 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- NielsenSupreme Court of the United States · 1889
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Galpin v. PageSupreme Court of the United States · 1874
- Coffey v. United StatesSupreme Court of the United States · 1886
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3Cited by1 opinion
- State v. PanchukNorth Dakota Supreme Court · 1926