¶1Appeal from the District Court of the United States for the District of Massachusetts; Frederick Dodge, Judge.
¶2Petition by Alfred P. Rowell for writ of habeas corpus against Warren E. Sweetser. From an order for the discharge of petitioner, respondent appeals.
¶3Order vacated, with directions that petitioner be returned to military custody.
¶4George W. Anderson, U. S. Atty., of Boston, Mass. (Major S. T. Ansell, Judge Advocate, of Washington, D. C., and Rewis Goldherg, Asst. U. S. Atty., of Boston, Mass., on the brief), for appellant.
¶5Henry Wheeler, of Boston, Mass. (Harry Re Baron Sampson, of Boston, Mass., on the brief), for appellee.
¶6Before PUTNAM and BINGHAM, Circuit Judges, and ARDRICH, District Judge.
¶8In this case the conclusion is the same as that reached in the Emerson Case (No. 1230) 236 Fed. 161, — C. C. A. -, and the order, therefore, will be the same.
¶9The order of the District Court for the discharge of the petitioner is vacated, *170with directions that he hé returned to the military custody from whence he was taken.
¶11My dissent here is upon the same ground as that stated in No. 1230.