Eagles v. United States Samuels

Decision Date23 December 1946
Docket NumberNo. 59,59
PartiesEAGLES, Post Commanding Officer, Fort Dix, N.J., v. UNITED STATES ex rel. SAMUELS
CourtU.S. Supreme Court

Mr.Irving S. Shapiro, of Washington, D.C., for petitioner.

Mr. Meyer Kreeger, of New York City, for respondent.

Mr. Justice DOUGLAS delivered the opinion of the Court.

Samuels registered under the Selective Training and Service Act of 1940,1 as amended, and thereafter claimed exemption from military service under § 5(d) of the Act. That exemption includes not only regular or duly ordained ministers of religion but also 'Students who are preparing for the ministry in theological or divinity schools recognized as such for more than one year prior' to the Act. He was classified I—A and inducted into the Army. Thereafter he filed a petition for a writ of habeas corpus in the District Court, seeking release from military custody on the ground that he was entitled to an exemption under § 5(d) of the Act and that his classification as I—A was unlawful. There was a return and a hearing, and the District Court ordered the writ dismissed. On appeal the Circuit Court of Appeals, in reliance on United States ex rel. Levy v. Cain, 2 Cir., 149 F.2d 338, reversed and remanded the cause to the District Court with directions to 'discharge' Samuels 'From military custoday, without prejudice to further lawful proceedings under the Selective Service Act'. United States ex rel. Samuels v. Pearson, 3 Cir., 151 F.2d 801, 802.

The case is here on a petition for a writ of certiorari which we granted in order to resolve the conflict between the decision below and United States ex rel. Goodman v. Hearn, 153 F.2d 186, in the Fifth Circuit Court of Appeals.

First. A question of mootness lies at the threshold of the case presented here. We are advised that after remand of the cause the District Court ordered the release of Samuels and that he was thereupon unconditionally released from military custody. Samuels contends that the case is moot since he is no longer in custody of the military or of any one else but is free to come and go as he pleases.

Under our decisions the case would be moot if the writ of habeas corpus had been denied below and, pending disposition of the petition here, Samuels had received a discharge from the army. Zimmerman v. Walker, 319 U.S. 744, 63 S.Ct. 1027, 87 L.Ed. 1700. And see Weber v. Squier, 315 U.S. 810, 62 S.Ct. 800, 86 L.Ed. 1209; Tornello v. Hudspeth, 318 U.S. 792, 63 S.Ct. 990, 87 L.Ed. 1158. That situation, like the case of a prisoner who, pending an appeal from denial of a writ of habeas corpus, is granted bail, Johnson v. Hoy, 227 U.S. 245, 33 S.Ct. 240, 57 L.Ed. 497; Wales v. Whitney, 114 U.S. 564, 572—574, 5 S.Ct. 1050, 1053, 1054, 29 L.Ed. 277, would present no existing controversy. Habeas corpus is the means of making a judicial 'Inquiry into the cause of restraint of liberty.' R.S. § 752, 28 U.S.C. § 452, 28 U.S.C.A. § 452. As stated in McNally v. Hill, 293 U.S. 131, 137, 55 S.Ct. 24, 27, 79 L.Ed. 238, 'There is no warrant in either the statute or the writ for its use to invoke judicial determination of questions which c uld not affect the lawfulness of the custody and detention'. If the custody or restraint of liberty is terminated without use of the writ, the case is finished. Different considerations are brought into play if custody is ended through the writ itself.

Our rules recognize the beneficent function of the writ, Bowen v. Johnston, 306 U.S. 19, 26, 27, 59 S.Ct. 442, 445, 446, 83 L.Ed. 455; People ex rel. Sabatino v. Jennings, 246 N.Y. 258, 158 N.E. 613, 63 A.L.R. 14582 by providing that a prisoner to whom the writ has been granted may, pending appeal, be enlarged on a recognizance. Rule 45, 28 U.S.C.A. following section 354. The fact that he has been so enlarged does not render the appeal of the custodian moot. Carr v. Zaja, 283 U.S. 52, 53, 51 S.Ct. 360, 75 L.Ed. 836. 3 In such a case the release is obtained through the assertion of judicial power. It is the propriety of the exercise of that power which is in issue in the appellate court, whether the prisoner is discharged or remanded to custody. Though the writ has been granted and the prisoner released, the appellate court by what it does is not rendering an opinion and issuing an order which cannot affect the litigants in the case before it. Cf. St. Pierre v. United States, 319 U.S. 41, 42, 63 S.Ct. 910, 911, 87 L.Ed. 1199, and cases cited. Affirmance makes the prisoner's release final and unconditional. Reversal undoes what the habeas corpus court did and makes lawful a resumption of the custody. Knewel v. Egan, 268 U.S. 442, 448, 45 S.Ct. 522, 525, 69 L.Ed. 1036; Haddox v. Richardson, 4 Cir., 168 F. 635; James v. Amrine, 157 Kan. 397, 140 P.2d 362; State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858.

Second. On the merits the case involves primarily the use by the Selective Service System in New York City of advisory panels on theological classifications. Under the Act the President is authorized to establish 'Civilian local boards, civilian appeal boards, and such other agencies, including agencies of appeal, as may be necessary to carry out the provisions of this Act.' Section 10(a)(2), 57 Stat. 597, 598, 50 U.S.C.App.Supp. III, § 310(a)(2), 50 U.S.C.A.Appendix, § 310(a)(2). With exceptions not material here, the President is authorized to delegate to the Director of Selective Service any authority vested in him under the Act. Section 10(b), 57 Stat. 597, 598, 50 U.S.C.App.Supp. III, § 310(b), 50 U.S.C.A.Appendix, § 310(b). And the Director may redelegate that authority. Id. The administration of the system in each State is delegated under the regulations to a state director. Sections 603.11, 603.12, 6 Fed.Reg. 6827. In New York City, however, a city director has been appointed who performs within that area the functions of the state director. Section 603.12—1, 8 Fed.Reg. 3514. The city director supervises the local boards and boards of appeal in New York City. He may require a local board to reopen and consider anew the classification of a registrant. Section 626.2(b), 9 Fed.Reg. 11619, § 626.2—1, 10 Fed.Reg. 9210. He may appeal to a board of appeal any determination of a local board. Section 627.1, 8 Fed.Reg. 16720, 10 Fed.Reg. 9210. He may require a board of appeal to reconsider its decision s 627.61, 8 Fed.Reg. 6017, or appeal from it to the President. Section 628.1, 7 Fed.Reg. 10521.

It appears that the city director, in aid of these functions, established theological panels. It was thought d sirable to give the selective service personnel the benefit of the advice of those familiar with the educational practices of various religious groups so that Selective Service might exercise a more informed judgment in evaluating claims to classifications in IV—D. Accordingly, theological panels were constituted, one of which consisted of prominent laymen and rabbis of the Jewish faith, who gave advisory opinions on those who sought a IV—D classification on the grounds that they were either rabbis or students preparing for the ministry in the Jewish religion. The members of the panel were volunteers, as permitted by the regulations. Section 602.2, 6 Fed.Reg. 6826. And pursuant to the regulations each took the oath of office. Section 602.4(a), 6 Fed.Reg. 6826.

Samuels registered under the Act in February, 1942. In May and July, 1942, he filed with his local board questionnaires stating that he had had two years of high school education; that he was a student at the Mesifta Theological Seminary preparing for the rabbinate; that since 1940 his regular occupation was that of a clerk; that for the past two years he had been employed by a textile company; and that the job for which he was best fitted was that of a spiritual leader and a teacher of Hebrew or rabbinical duties. The local board was advised by the seminary that Samuels had attended there since he was six years old, that he had finished the eight year elementary course and the four year prerabbinical course, that he had been admitted to the rabbinical division in 1937, that he left the school in 1939 to seek employment, that he returned to the evening school in September, 1941, and that he was transferred to the day session in July, 1942 which as later appeared, was a few days before the school closed for the summer.

In August, 1942, the local board classified him IV—D. Section 622.44(a), 6 Fed.Reg. 6607, 6766. In May, 1944, he was given a physical examination and found acceptable for military service. Thereafter the city director requested that he appear before the theological panel in respect to his claim to a IV—D classification. He appeared before the panel in June, 1944, stating inter alia, that he expected to graduate from the seminary in 1945, that ill health caused him to leave the school in 1939, that between 1940 and 1942 he worked as a clerk, and that he returned to the seminary as a full time student at about the time he filed his selective service questionnaire.

The panel reported that the seminary which Samuels attended was not preparing men exclusively for the rabbinate, that orthodox tradition encouraged advanced study of the subjects in which students for the ministry were trained, and that students ultimately intending to enter business or a profession or some non-rabbinic activity in the field of religion may be enrolled in the same classes as those preparing for the rabbinate. The panel stated that it therefore seemed essential to determine in each case what the registrant had in mind in pursuing his course of study; that to make that determination the character of the seminary, the sincerity of the registrant's declared purpose, his demeanor, and the impression as to his candor and honesty should be considered. It concluded that Samuels was not 'preparing in good faith for a career of service in the practicing rabbinate.' Its recommendation and the...

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