Ex Parte Stewart

(after stating the facts as above).

Our legal system abhors finality. Because it does not assume the correctness of the judgment of any tribunal, it provides means, directly or indirectly, for questioning it. For this reason, I took jurisdiction of this case.

In determining it on the merits, it is well to bear in mind the scope of our review on habeas corpus. The controlling legal provisions are the administrative sections of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 310. Subdivision (a) reads: “The President is authorized * * * to prescribe the necessary rules and regulations to carry out the provisions of this Act.” Under (2) he is authorized “to create and establish a Selective Service System, and shall provide for the classification of registrants and of persons ;who volunteer for induction under this Act on the basis of availability for training and service,” and so forth. After providing for the establishment of the Board and of the regulations under which they shall act, the section says: “Such local boards, under rules and regulations prescribed by the President, shall have power within their respective jurisdictions to hear and determine,…