Cox

This is an appeal from an order dismissing a petition for writ of habeas corpus. The petition alleged that the appellant Cox was unlawfully imprisoned under the color, of authority of the commanding officers of the Sixth Army, Presidio, San Francisco. The decision of the trial court is set forth in a “Memorandum Opinion” reported 90 F. Supp. 55 , which both parties accept as a fair statement of the facts.

That opinion discloses that on June 20, 1941, Cox returned his selective service questionnaire to his local draft board in Santa Clara County, California, pursuant to the Selective Training and Service Act of 1940. In it he stated at the appropriate place that he was conscientiously opposed to participation in military service of any kind. At the time he made no claim to being a minister of religion but five days later he delivered to the local board claim that he was an ordained minister of religion for Jehovah’s Witnesses, entitled to a IV-D classification, which he requested. The following February, the Special Form for Conscientious Objectors prescribed by the regulations was sent by the local board to Cox, and on February 19, he filed that form with the board. In it he…