TERRITORIAL OFFICERS.

Press, Volume LIV, Issue 16265, 16 July 1918, Page 5

TERRITORIAL OFFICERS.

« THEIR EXPEDITIONARY FORCE STATtTS. A TEST CASE. (FBESS ASSOCIATION TIXEG^AiI.)' ■WELLINGTON, July 15. An important point regarding the position of' Territorial officers who go into camp as sergeants was argued before the Supreme Court on Saturday and to-day. The case was brought by a Territorial officer, Cyril RusSdl Morris. In his statement of the case, Lieutenant Morris said he was an officer in the reserve of officers Of the 6th (Manatfatu) Mounted rank as lieutenant. Since the outbreak of the present war he had been desirous of serving abroad with tno New Zealand Ford. Instructions were issued by Military Headquarters that officers of the Defence Forces wero not to enlist for service, save as ofbcers. a number of officers, including himself, had enlisted, and served Trentham as officers, and they were subsequently informed that they were required to continue service without commissioned rank. He claimed to be entitled to rank as an officer under the In ew Zealand Expeditionary Forces Act, 1910, and the Military Service Act, 1916, d claimed also that the New Zealand Exthe Defence Act, 1908. He also the Court to define the "Sht pf an officer who has voluntarily enlisted after the passing of the Military Ac , 1916 in the New Zealand Expeditionary Force, to retain rank as a commissioned officer in the Expeditionary Force, and to define the nght of such an officer who has been cqmpulsonly called un for service to retain rank as a commissioned officer in the. Expeditionary Force, and to ther such an officer can be lawfully required to serve in the New Zealand Expeditionary Force otherwise than as an officer of commissioned rank. . On the Bench were the Chief Justice, Mr Justice Chapman, and Mr Justice Hosking. The Solicitor-General- appeared for the Crown, and Mi M. Myera, with him Mr T. jfeave, for Lieutenant M Sb lS jolm Salmond, in his argument, said there was no proposal to taK© away the Territorial commission from any officer. These men were not being deprived of any rank or status they held in the Expeditionary Foree They had never received any rank in tne Expeditionary Force, either temporary ° r plaintiff was merely a nominal plaintiff; he represented a number of gentlemen, upwards of a dozen of whom had volunteered for service in August. 1914, for the most part being Territorial officers with service ranging from fivo to fifteen years. Th y naturally offered their services m the capacity of officers. There were not at the moment positions for all who offered their services. Many of them would have been glad to go m any capacity at all. They rere forbidden to volun- | teer as privates, or in any other Terrii torial rank. __ , , | Sir John Salmond: We don't admit ! Mr Neave said a number of these officers had been on the waiting list since the outbreak of war. Their applications had been renewed from time to time. He urged that the circular issued on May 7th ordering these men to go into camp as sergeants was entirely illegal. He contended that no commission could be taken away except by the Governor-General, who only exercised his prerogative through the instrumentality of a court-martial, except in extreme cases. , . . The Court reserved its decision.