Nissley

Upon petition of Boyd B. Davis the writ of habeas corpus issued. After hearing on the joined issues the writ was dismissed, and petition was remanded. Petitioner appeals.

Appellant registered under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., hereinafter referred to as the Act. He was classified 1-A and regularly reported on March 4, 1941, at Fort Bliss, Texas. Appellant alleges that he has conscientious scruples against both combat and noncombat military service and made the same known to his Selective Training and Service Board, commonly referred to as the Local Board or Draft Board, and to “those in charge of the induction center.” He further alleges that he was asked to take an oath of induction, but this he refused to do. He was ordered to report forthwith for duty as a member of the United States Army. The following is alleged in the petition: “I am now confined under the alleged authority of the Army at United States Army Advanced Flying School #4 at Luke Field, Arizona, in custody of John K. Nissley [respondent], Commanding Officer of said Army field, post or barracks.”

The specific points presented are that appellant has not taken…