Olinger

It is claimed in the petition of Ruth Huffman for habeas corpus on behalf of A. Paul Olinger that he was licensed as a first assistant engineer of steam vessels on November 9, 1948, and that since the Korean War began in June, 1950, and the President proclaimed a National Emergency on December 16, 1950, he is not liable to the Selective Service draft, Title 50 U.S.C.A. Appendix, § 451 et seq. because of an exemption under the provisions of Title 46 U.S.C.A. § 225 , enacted May 28, 1896. He was inducted into the Army of the United States on February 6, 1951, through the Selective Service system and his contention is that since he has not been assigned to nor has he been performing the duties of a first assistant engineer of the Merchant Marine he is illegally restrained by Army officials in violation of Title 46 U.S.C.A. § 225 . The petition was dismissed for lack of jurisdiction and the judgment of dismissal is here on appeal on behalf of Olinger.

Local Draft Board No. 126, Long Beach, California, hereinafter referred to as “draft board”, acting under authority of the Selective Service Act and Regulations of the United States, classified Olinger as 1-A on October 8, 1948, and…