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IN RE HERMAN

No. 91.

56 F.Supp. 733 (1944)

In re HERMAN.

District Court, N. D. Texas, San Angelo Division.

September 18, 1944.

Attorney(s) appearing for the Case

Louis Herman, of New York City, in pro. per.

Joe H. Jones, Asst. U. S. Atty., and Captain John H. Haley, Jr., J. A. G. D., Headquarters Eighth Service Command, both of Dallas, Tex., for United States.

ATWELL, District Judge.

On March 27, 1944, in the case of Billings v. Truesdell, 321 U.S. 542, 64 S.Ct. 737, the Supreme Court, in a carefully considered opinion, held that one is not inducted into the United States Army until he has taken the oath. The regulations made in pursuance of the Act of the Congress, as well as the precise wording of the Act itself, support that decision.

By Sec. 11 of the Selective Training and Service...

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