United States ex rel. Barrial v. Clement

A petition for Writ of Habeas Corpus was filed in this case on September 26, 1951. We issued an order to show cause directed to the respondent; after briefs were filed and a hearing had, no cause was shown by the respondent why the Writ should not issue. We have ordered the Writ issued and the petitioner is today before this Court.

In our order made October 17, 1951, we asked that counsel for respondent file any authorities they might have in answer to a brief filed on that date by petitioner’s attorney. No answer to said brief has been made. We are of the opinion that the points of law advanced by petitioner represent the correct authority on the subject.

It appears that the question before us for decision has been, by stipulation, narrowed to this:

Was the resolution valid which the local draft board adopted September 12, 1950, to the effect that registrants who married after July 7, 1950 would not be considered for deferment except in extreme hardship cases ?

Whether or not the resolution was valid depends upon whether it conflicted with Selective Service Regulation 1622.15(a) (1) in effect on September 12, 1950, and at the time of petitioner’s classification as 1-A. And,…