The opinion of the court was delivered by: Campbell, District Judge.
Petitioner alleges that he was unlawfully inducted into the
Army of the United States, and that he is now unlawfully
restrained of his liberty by respondent, the Commanding Officer
of Fort Sheridan, Illinois. He seeks release through a writ of
habeas corpus. The parties stipulated that the facts contained in
petitioner's Selective Service System file are true, and the
cause was taken under advisement by the court.
The following sequence of events is disclosed by documents
contained in the files of the Selective Service System:
1. On December 28, 1950, petitioner answered and signed a
Selective Service Classification Questionnaire (Form 100),
wherein he stated that he had never been married, and that no
persons were wholly or partially dependent upon him for support.
He further stated that he had been treated by physicians for a
"nervous and anemia condition," and for a condition of
"palpitation — hot flushes."
2. On January 5, 1951, petitioner submitted to his Local Board
a sworn statement from a physician, who wrote that petitioner
"has considerable vasomotor instability as evidenced by
palpitation, hot flushes of face and neck accompanied by general
weakness. He, also, has a slight anemia."
3. On March 22, 1951, petitioner was placed in classification
4. On December 3, 1951, petitioner was ordered by Local Board
59 to report for an armed forces physical examination on December
5. On December 6, 1951, petitioner's mother submitted a sworn
statement from a physician to the Local Board. The physician
described defects in petitioner's vision, and stated: "I do not
recommend military duty for this patient."
6. On December 11, 1951, petitioner reported for the armed
forces physical examination. The examiners concluded that
petitioner was qualified for military service.
7. On December 13, 1951, petitioner submitted a sworn statement
from another physician, who wrote that petitioner "is an
extremely nervous individual, that all of his complaints such as
flushes and migraine headaches are all due to an extreme
8. On May 29, 1952, petitioner informed the Local Board that he
had recently been married.
9. On August 29, 1952, the Local Board ordered petitioner to
report for induction on September 15, 1952.
10. On September 2, 1952, petitioner wrote to his Local Board:
"I am in receipt today of a draft induction notice
for September 15, 1952. This notice came to me at a
time when I was about to write to you to inform you
of my wife's pregnant condition.
"I first found out about this condition when she
was examined by a physician on Friday evening, August
"I am writing this letter to appeal this induction
notice and to request a 3F classification for this
"Perhaps technically an induction notice is the
final word but I could not communicate with you any
sooner after I discovered my wife's condition.
"I beg of you gentlemen to reconsider my case. I
shall be happy to present you with the physician's
statement at any time you request."
11. On September 5, and again on September 8, 1952, petitioner
submitted statements from a physician attesting to the pregnancy
of petitioner's wife.
12. On September 4, 1952, petitioner's father wrote to the
Local Board, stating, in essence, that he would be unable to care
for petitioner's wife if petitioner were inducted, and that
petitioner's mother was not in good health. On the same date,
petitioner's father-in-law wrote to the Local Board, stating that
he was in poor health, ...