Cox

This action involves a petition for a writ of habeas corpus alleging that petitioner is unlawfully imprisoned under the color of authority of the respondent. Upon issuance of the writ and return thereto by the respondent, a hearing was -held, at which time the following facts were determined: ■ -

1. On June 20, 1941, the petitioner, Milton Harold 'Cox, returned his Selective Service Questionnaire to the Local Draft Board No. 111, Santa Clara County, California, as required by the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq. In this questionnaire the petitioner indicated by appropriate notation that by reason of religious training and belief he was conscientiously opposed to participation in military service. At that time he made no claim to being a minister or student preparing for the ministry.

2. On June 25, 1941, the petitioner personally delivered to the local board a letter claiming that he was an ordained minister of religion for Jehovah’s Witnesses, entitled to a IV-D classification, and requesting such classification. Apparently this letter with supporting documents was lost or misplaced in the records of the local board.

3. On…