274 F. 870 | E.D. Mich. | 1921
This is a petition for a writ of habeas corpus, to be directed to the commanding officer of the United States military post at Ft. Wayne, in this district, where petitioner alleges that lie is now confined in the guardhouse upon a charge of desertion from fixe United States army. The material facts alleged in the petition are as follows:
Thai petitioner was, during the year 1917, and prior thereto, a citizen of Austria-Hungary, and that he has never declared his intention to become a citizen of the United States; that he came to the United States in 1917, and that at the time of his induction into the military service of the United States he understood the English language very imperfectly; that in June, 1917, he was required to register under the Selective Service Act (Comp. fit. 1918, Comp. St. Ann. Supp. 1919, §§ 2044a — 2044k), and was thereupon furnished with a questionnaire in the regular form, furnished "by the draft board, containing an affidavit for the purpose of claiming exemption, which petitioner duly executed, claiming exemption from military service on the ground that he was a nondeclarant alien, being a citizen of Austria-Hungary, and duly filed said questionnaire and claim for exemption witlHhe proper local draft board in the city of Detroit, where he resided; that thereafter said board classified petitioner in “class 5,” the proper class for nondeclarant aliens, and for alien enemies; that after-wards, and during the latter part of August or the early part of Sep
The petition concludes with a prayer for a writ of habeas corpus and a writ of certiorari, directed to the officer in charge of said post, directing the latter to produce said petitioner before this court for inquiry into the cause of his imprisonment and detention, and to certify to this court all the proceedings which have taken place before said officer and • said draft board, in the possession or custody of such officer.
It thus appears that the imprisonment from which petitioner asks this court to free him is not an alleged unlawful detention in the army as a soldier, but his confinement in the guardhouse preparatory to his trial under the military laws on a charge of desertion from the army.
'The petition must therefore be denied, without prejudice to its renewal if and when it shall appear hereafter to be necessary and proper.
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