Owens

The question presented in this appeal involves the meaning of the. words “resident within the state of Oregon” which are contained in a 'statute prescribing what constitutes the militia in Oregon.

Appellant is the father of Robert W. Owens and has been for forty years and is now a resident of Washington with his domicile at Willapa therein. Robert W. Owens, who was born at said place, is nineteen years old, and on September 10, 1939 was sent by appellant to Portland, Oregon, to attend the University of Portland there. The records of that school disclose his residence to be Willapa, Washington. On April 19, 1940, while attending such school Robert enlisted in the Oregon National Guard for a period of three years. In the enlistment record, Robert’s home address is shown as Willapa, Pacific County, Washington. In June, 1940, at the close of the school year, Robert returned to the home of his parents for the summer vacation. Robert is supported by appellant.

On September 19, 1940, appellant filed a petition in the court below to secure Robert’s release by habeas corpus from the custody of appellee, who made a return to the order to show cause that he held Robert “by the authority of…