Biron v. Collins, 11146.
| Decision Date | 09 November 1944 |
| Docket Number | No. 11146.,11146. |
| Citation | 145 F.2d 758 |
| Parties | BIRON et al. v. COLLINS. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Alvin McConnell, of Mobile, Ala., for appellants.
Palmer Pillans and John H. Tappan, both of Mobile, Ala., for appellee.
Before SIBLEY, McCORD, and LEE, Circuit Judges.
The appellants are the Selective Service Local Board in Mobile, Alabama, and the appellee Collins is a registrant, who after exhaustion of all administrative appeals was classified by the Local Board as a conscientious objector, Class 4-E; was by the Director assigned to work of national importance at a civilian public service camp in Colorado; and was accordingly ordered by the Local Board to report for a health examination and for instructions as to his transportation. He reported and received his instructions but did not go to the camp, and instead filed a petition for the writ of habeas corpus against the members of the Local Board, claiming that he was unlawfully restrained of his liberty by them in that he was a minister of religion, and since his initial classification he had offered the Local Board and Appeal Board convincing evidence thereof and had prayed them to reopen his classification, but they had arbitrarily and capriciously refused to consider the evidence.
On an order to show cause why the writ should not issue, the Local Board members moved to dismiss the petition, and also answered stating the facts above outlined, exhibiting the orders mentioned, and averring that at no time had they had Collins in confinement, or any present means of confining him, nor had they physically restrained his liberty, nor had they any means of producing his body if the writ were issued. On a hearing, the facts being stipulated, the Judge considered only the questions about the propriety and timeliness of the remedy sought, and found that the writ should issue; and the respondents electing to stand and rest their case on these points, a final judgment was entered discharging Collins from any and all restraint of his liberty imposed by the orders of the Local Board theretofore made. This appeal followed.
The Judge rendered an able opinion in which he earnestly stresses the right of everyone to a judicial hearing, and the impracticability of hearing the fact issues a thousand miles away in Colorado, and the practical restraint under which Collins was placed in having to choose between obeying forthwith the order or going to the penitentiary. He admitted, however, that the decisions were against his views; and it seems to us that the decisions must be followed.
1. A registrant may not seek a remedy in the courts until the selective service process has been completed by his induction into the army or his reception into a civilian service camp, as the case may be. The propriety of his classification cannot be reviewed in the courts even in a criminal prosecution for refusing to report for...
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