William O. Douglas

“ A theological advisory panel, serving solely in an advisory capacity, would seem to be included in that category. The information received by the board from the panel, like information from any other source, must be put in writing in the file so that the registrant may examine it, explain or correct it, or deny it. [4] There is, moreover, no confidential information which can be kept from the registrant under the regulations. [5] With those safeguards a truly expert panel might serve a most useful function without the administrative process being corrupted by any unfair procedure. ”

“ The function of habeas corpus is exhausted when it is ascertained that the agency under whose order the petitioner is being held had jurisdiction to act. If the writ is to issue, mere error in the proceeding which resulted in the detention is not sufficient. United States ex rel. Tisi v. Tod, supra. Deprivation of petitioner of basic and fundamental procedural safeguards, an assertion of power to act beyond the authority granted the agency, and action without evidence to support its order, are familiar examples of the showing which is necessary. ”

“ 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. ”

“ It is the impact of the procedure on the person seeking the writ that is crucial. Whatever potentialities of abuse a particular procedure may have, the case is at an end if the challenged proceeding cannot be said to have been so corrupted as to have made it unfair. Samuels points to possibilities of abuse. ”

“ We are not sitting in review of action of federal agencies over which we have the power of supervision. Cf. McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819. The function of habas corpus is not to correct a practice but only to ascertain whether the procedure complained of has resulted in an unlawful detention. ”

“ 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. ”

“ 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. 1458 [2] by providing that a prisoner to whom the writ has been granted may, pending appeal, be enlarged on a recognizance. ”