United States ex rel. Troiani v. Heyburn
District Court, E.D. Pennsylvania
Two proceedings in habeas corpus — one, on the relation of Giovanni Troiani against John E. Heyburn, Sheriff of Delaware County, and another; the other, on the relation of Abraham Kilinsky against Edward Swift and others, members of Local Board for Division No. 8, City of Philadelphia. On petitions for allowance of writs.
1Opinion of the Court
DICKINSON, District Judge.
The technical question raised is whether a writ of habeas corpus should of right issue. The real question is when and how far the courts should invade the domain of military authority. This country has been found and adjudged to be in a state of war. The national defense is an absolute necessity of our existence. The people of the United States have prepared themselves for such a situation by confiding to Congress the power to declare war and to support and maintain armies for the national defense. This is necessarily a master power, to be exercised without the…
2Cited by14 opinions
- United States v. GriemeCourt of Appeals for the Third Circuit · 1942
- Arbitman v. WoodsideCourt of Appeals for the Fourth Circuit · 1919
- United States Ex Rel. Filomio v. PowellDistrict Court, D. New Jersey · 1941
- Franke v. MurrayCourt of Appeals for the Eighth Circuit · 1918
- Local Draft Board No. 1 v. ConnorsCourt of Appeals for the Ninth Circuit · 1941
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