United States Supreme Court Cases & Opinions

U.S. Supreme Court

Billings v. Truesdell, 321 U.S. 542 (1944)

Billings v. Truesdell

No. 215

Argued February 2, 1944

Decided March 27, 1944

321 U.S. 542

Syllabus

1. A registrant under the Selective Training and Service Act of 1940 becomes "actually inducted" within the meaning of § 11 of the Act when, in obedience to the order of his draft board and after the Army has found him acceptable for service, he undergoes whatever ceremony or requirements of admission the War Department has prescribed. P. 321 U. S. 559.

2. Until "actually inducted" within the meaning of § 11 of the Selective Training and Service Act, a registrant under that Act is subject solely to civil, and not to military, jurisdiction. P. 321 U. S. 557.

3. A registrant under the Selective Training and Service Act of 1940, whose claim that he was a conscientious objector had been rejected, was ordered by his board to report for induction. At the induction center, he was examined and put in Class 1-B. He informed the officers in charge that he refused to serve in the Army, and that he wanted to turn himself over to the civil authorities. He refused to take the oath, but it was read to him and he was told that he was in the Army. He was then ordered to submit to fingerprinting, but refused to obey. Military charges were preferred against him for willful disobedience of that order.

Held: that he was not subject to trial by court-martial, but was subject solely to civil jurisdiction. Pp. 321 U. S. 544, 321 U. S. 558.

135 F.2d 505 reversed.

Certiorari, 320 U.S. 725, to review the affirmance of an order, 46 F.Supp. 663, discharging a writ of habeas corpus and remanding the petitioner to the custody of the respondent.

Page 321 U. S. 543