William O. Douglas

“ We have no doubt of the power of Congress to enlist the man-power of the nation for prosecution of the war and to subject to military jurisdiction those who are unwilling, as well as those who are eager, to come to the defense of their nation in its hour of peril. ”

“ But we give 'inducted' the meaning it has in the Act and in the regulations. As we have pointed out, an inducted man is defined by the Selective Service Regulations as one 'who has become a member of the land or naval forces through the operation of the Selective Service System.' § 601.7. ”

“ It could hardly be maintained that a selectee who has passed his preinduction physical examination but who has not been ordered to report for induction is subject to military jurisdiction. And it would not seem permissible to hold that he who failed to report for induction at the end of the so-called twenty-one day furlough period could be prosecuted by a court martial because he had been 'actually inducted' within the meaning of § 11. ”

“ That circumstance throws light on the meaning of the words 'actually inducted' as used in § 11 of the Act. Congress by accepting the Bone amendment to § 11 specified the maximum penalty to be imposed on those who violated the Act or disobeyed an order of their board prior to their induction. [10] It also withheld from military courts jurisdiction over those offenders. At the same time Congress did not authorize the Army to search out delinquents wherever they might be and induct them without more. ”

“ Respondent filed a return and a hearing was had at which petitioner testified. The District Court discharged the writ and remanded petitioner to respondent's custody, holding that petitioner was subject to military jurisdiction. Ex parte Billings, 46 F.Supp. 663. The Circuit Court of Appeals affirmed, holding that 'Induction was completed when the oath was read to petitioner and he was told that he was inducted into the Army.' 135 F.2d 505, 507. The case is here on a petition for a writ of certiorari which we granted because of the importance of the problem in the administration of the Act. ”