NOTES OF THE DAY.

Dominion, Volume 5, Issue 1450, 27 May 1912, Page 4

NOTES OF THE DAY.

The decision of the Court of Appeal in the case Dejipsey r. Furness is important and interesting on many grounds. The appeal lay against a magisterial decision dismissing a charge brought against a young man under Seetion 01 of the Defence Act, 1909, which provides penalties against all who without

lawful excuse fail to render thy personal service required under Part VI, of the Act. Commenting on tho magistrate's decision at the time we sufr"estcd that it was unsound in

law, and that if it were sustained it would make the Act of no effect. So also Mn. Saluqnd argued in the higher Court, and the three Judges unanimously upheld the Denartment's case. In his judgment, Judge Cooper, after pointing out that if the magistrate s reading of the law were correct the defence scheme and the Defencc Act would be rendered ineffective. "In construing any statute," he went on, "the Court must under the Acts Interpretation Act, 1008, give to the statute such fair, large, and liberal construction and interpretation as will best ensure the attainment of the object of tho Act and of every provision or enactment thereof according to its true intent, meaning, and spirit." This is obviously good law and good sense. What give the Appeal Court judgment its special interest are the obiter dicta of Judges Cooper and Chapman, which, we have no doubt, will be warmly attacked by the opponents of the defence Judge Coopeh observed that in his opinion it was "not too much to say that a person who wilfully fails to obey this mandate, and to do the duty his country requires of him, is properly punished by being deprived of electoral privileges and of employment in the Publie Service of the Dominion. I think, however," lie added, '"'that the Act should" be amended by making it clear that the deprivation of these privileges shall cease when the offender has properly recognised his duty as a citizen, and has submitted himself to the obligation imposed upon him bv t'he statute." We have before now expressed I lie view, tjjat perpetual disfranchisement is 'in' too lieavv a penalty for a youthful defaulter under the Act. It is very satisfactory, however, to know that the Acl is not defective in regard to the point out, of which the ense arose.

all wild favour sound government. The objects of ihn League, us set, out in tin., constitution, are not numerous, but they an: framed on Imiail linos, and should make strong a]>peal at the present time to all who have followed at all closely the con rue ol politics in New Zealand. They are set out as follow: — 1. To secure the adininislralion of llirt public all'airs of the Dominion according to sound economic principles: (ai by preventing wasteful expenditure of public money; (bi by preventing the misapplication of public funds to parly or political purposes. To strive for freedom of political conscience am! opinion. !l. To support measures giving equality of opportunity to all, as for example in matters of education and of State employment. To oppose measures giving undue power of patronage to .Ministers, so as to guard strictly the constitutional prerogngatives of I'arliament. To organise political se.ppor!; for Ihe Reform parly in its efforts to carry out these principles. There is a great, opportunity at the present time for a strong political league such as the now League now formed promises to be, to play an important, part in shaping the political future of the country. There was _ never greater need for sound administration in the conduct of public affairs, and the signs point to the Reform party being entrusted at an early date with the task of instituting those changes which arc covered by the "objects" of the llcfonn League as set out above.

The Federation of Labour apparently is not altogether happy over the action of that section of its members which has caused trouble at Waihi. After a long, and, to its Waihi supporters, painful silence, it has now expressed its sympathy with the strikers; but there is not the least doubt that the organisation is somewhat perturbed over the situation. And it has reason to be. It has put itself completely out of sympathy with the public by its unreasonable and outrageous behaviour, and it has played into the hanxls of its rival, the United Labour party. Apparently the leaders of the. Federation have neitner the wit nor the courage to acknowledge that they have blundered badly in the matter, although it is generally understood that there arc some amongst them who hold the view •that the best way out is to repudiate the foolishness of the si.rikers. The outcome, in any case, is likely to prove a nasty blow to the loud-voiced terrorists who delude themselves and those who follow so bnndly at their heels that they can intimidate and dictate whenever it suits their purpose.