Ex parte Hannig

Rosalie Irene ITannig, the wife of Jack Frederick Hannig seeks the release of- her husband from the Army of the United States by a petition for a writ of habeas corpus. Jack Frederick Hannig is hereinafter referred to as “registrant.” The petition alleges that registrant has been illegally inducted into military service and that he now serves in the Army against his will and consent.

In response to the petition, the court issued an order to show cause. To this order respondent, the government, has made a return, and as a part thereof has incorporated a certified copy of registrant’s individual selective service file. The production of such a certified copy of registrant’s file was requested by the petition. Therefore, the facts gathered from that source are uncontested, and are as follows:

Registrant registered with his local selective service board on September 18, 1948. He was initially classified I-D because of his membership in an organized unit of the California National Guard. On August 10, 1950 -the National Guard Unit to which registrant belonged was ordered into active military service. Later during the month of August, 1950, registrant applied to the Commanding Officer…