NATIONAL SERVICE BILL

Dominion, Volume 9, Issue 2779, 25 May 1916, Page 6

NATIONAL SERVICE BILL

THE COMMANDO SYSTEM VOLUNTARY. ENLISTMENT OR 'SELECTION : ' . . . ' BY BALLOT PRACTICALLY NO EXEMPTIONS

The. Military Service Bill was introduced in the House of Representative last'night: .It', is an uncompromising oompulsion measure. Following is- a summary of the Bill:— There is to be established in connection with the Expeditionary Force u, reservo called the Expeditionary Force Reserve. The Reserve' consists of every male 3<atural-boru British subject who is tor ■the time being of military age, and who is ut the passing of this Act, or subsequently becomes, resident in New Zealand, with the following exceptions:— (a) Members of aiiy Expeditionary Force raised, under the Expeditionary Forces .Act (called the principal Act). (b) Men who have, whether before or after the passing of this Act, been discharged from the Expeditionary Force after service in that force beyond the seas; and (c) Men undergoing a sentence of imprisonment for a term not less than one year, or; in. confinement as of unsound mind. MARRIED AND SINGLE MEN. The Reserve shall consist of two divisions, to be' distinguished as . the First Division and the Second Division. The First Division- consists of all Reservists who on the passing of this Act are— (a) Unmarried men; or - ' (b) Married men whose marriage - took place.subsequently to the fourth day of August, nineteen hundred and fourteen, unless they have' children by a. previous 1 marriage; or (c) Widowers with no children;'or (d) Men whose marriage has been dissolved or who are judicially separated from their wives by decree of judicial. separation, separation order, or . otherwise,, and who have no childron. The ! Second Division of the Reserve shall consist of all other Reservists. The Governor-in-Council may from time to time divide the : Second Division into such classes (if any) as he thinks fit. ENROLMENT OF THE RESERVE. At any' time after. the passing of this Act the Governor may by- Proclamation proclaim and direct the enrolment of tho First Division of the Reserve, and tho Governor may, by Proclamation approved in the Executive Council, proclaim and direct the enrolment of the Second Division of. the Reserve, or of any class, or classes of that division. Forthwith after the . enrolment of either division of the Reserve or of any class or classes of the Seoond Division lias been so j-roclaimed and directed the Government Statistician shall prepare a register of such division, class, or classes in; such manner as may be approved by the Minister of Defence. For this purpose the Government Statistician shall make use of the National Register.of men compiled under the National Registration Act, 1915, together with all other available "sources. of information. The register shall be amended from timeto time by correcting errors therein, adding tho names of reservists thereto, and 'striking out the names of nil men who cease to belong to the division or class in which they are enrolled, to the intent that the register shall at all times, so far as practicable, be a correct and complete record of all men who for the time being belong to ' the division, or class which is so enrolled.

iv it? , Cached to some unit of tnet ioroe, bo under the military command of the Commandant and of all authorised officers, and for all disobedience to such command shall be liable under the Army Act accordingly, but noThing in this section shall take away or affect bis subjection to any military command which would exist independently of this £eoaon 01* his liability for disobedience thereto. Lvery man who lia*s been called up for service with the Expeditionary I'otcg under tlie Act may, in addition to the obligation nf obedience to the orders ot authorised oflicers under the Act or to other lawful' military command, be required from time to time by the Commandant, by notice in the "Gazette/' to report at any time and place, and if he fails duly to present himself at the place and time so notified (or in case of sickness or other unavoidable impediment, tn-en at the same place and as soon as. possilye after the time 60 notified), he may be tntd, and punished under the Aiiny Act for the oflence of desertion or oi absenting himself without leave. Provided that such sickness or other, impediment shall be no defcnco unless he has given written notice thereof to the Commandant or an authorised officer before or . ? 0011 as Possible after the time so notified.

MEDICALLY UNFIT. . 'If the Commandant is satisfied that auy mail who has been called' up for service in the Expeditionary Forco is permanently medically unfit lor active service beyond the seas, *the Commandant shall either: ta) Discharge him. from the Expeditionary Force and t'rem -the Reserve; or (b) discharge him from the Expeditionary Force, in which case he shall bo deemed to . be retransferred to the division'or class of the iieserve from which, ho was called up; or (c) exempt him from foreign service, in which case he shall remain, a member of the Expeditionary Force liable for military service in New Zealand, in such capacity as the .Comniaiulaiit from timo to time thinks tit. The Commandant may exejeise the power conferred on him, oil "the report of any medical officer or registered, medical practitioner, if such report affords, in his opinion, conclusive' evidence that the man to whom it relates is permanently unfit for active service beyond the seas. In any other caso the Commandant- shall submit the matter to a Board .of not less than three medical officers, and shall act on the report of that Board. "Military service" as used in this section means any service in connection with or for the purposes of the present war.

THE OFFENCE OF "DESERTION." If a member of the Expeditionary Force remains in New Zealand after tho unit to which he is attached ;.has left New Zealand for military service beyond the seas, he shall, unless he proves that he so remained in New Zealand nitli tho leave or by the orders of an officer of the , Defence, Forces having military command | over him or that an appeal against his being called .up for military servico had been duly lodged and had not been determined, bo deemed guilty of .desertion 1 from that Force, arid shall bo liable under the Army ,Act and'this Act accordingly, t member of the Expeditionary Force leaves New Zealand or does any »ct with intent to leave New Zealand for any '.place beyond, the seas, except in the course of his military service, ha slmll be deemed guilty of desertion from that Force, and ■ shall be liable under the Army Act and this Act accordingly. Every man who is guilty of deserting from the Expeditionary Force shall, in j addition to 'his liability under the Army | Act,_ be guilty of an indictable offence i pumshabl.e by imprisonment with. hard | labour for- any term . not exceeding ten i years, but he 6hall not bo punished twice for the samo offence, ,

NO DOUBT ALLOWED. Nothing done under this Act shall be rendered in any manner invalid or unlawful by, reason ,of any error or defect lu the register. : If the Government Statistician is in doubt as to,whether any, man is a reservist c-r j-ot, he shall enrol that man in the Reserve; and if he is in ' doubt as to whether' any man belongs to the First Division or to the Second Division of tho Reserve, he shall enrol that 1 man in the First l)ivision.' The register i Bhall in all Courts and in all proceedings be sufficient evidence that the men named therein belong to the division or olass in which they are so enrolled, until the: contrary is proved. Any extract certified under the hand of the Government Statistician (of whose signature all' Courts may take judicial notice), shall, in all Courts and in all proceedings, be sufficient prima facio evidence of the contents of the register.

APPEALS. man so called up for service with the Expeditionary Force shall have a right of appeal to a Military Service Hoard on any of the following grounds:— (a) That when so called up he was not a member of the Keserve: (b) That when so called up from ■any division or class of tho lteserve hp _ was a member of some other division or class tho calling-up of which had not been authorised by the Minister of Defence under this Act: (c) That by reason of his occupation his calling-up for military service is contrary to the public interest: (d) That by reason of his domestic circumstances or' for any other. reason his calling-up for military service will be a cause of undue hardship to himself or others. _ A Military Service Board in- detennin- "?? ? n . appeal on any of the grounds specified in paragraphs (c) or (d) of the last preceding sub-section shall act in accordance with regulations (if any) which tho Governor-in-Council may think fit to make, in this matter and which are in rorce at the date of the determination of the appeal. For the purpose of such appeals there shall be established a Military Service Boardl or such number of Military Service Boards as the Governor from time to ■ time thinks necessary. Every such Board shall consist of three persons to be appointed by the Governor and to hold oibcc during his pleasure. No sitting of a Board shall take place unless all the members of the Board are present,' but Ve decision of a majority of the members -shall be the decision of the Board. JNotice of apical must be givon by registered letter to the Commandant- of tlie A.efencc Foroc-s at "Wellington, nosted inthin ten days,of the gazetting of the notice by which the appellant is called up for service. Such notice must state » am e, occupation, and address of the appellant, the grounds of the-'appeal, and may, if the appellant thinks fit, be accompanied ■ by any documentary evidence or statement of facts which he desires to bring to tho knowledga of the Board. The board may on tho strength of this evidence allow the appeal, or may call on tho appellant by notice addressed to him nt tho postal address mentioned in his notice of appeal. The Board may determine tho appeal whether the appellant "■'tends or not. The decision of the Board shall bo filial, except that on the' application of the Commandant the Board may, it' it has reason to suppose that the determination may have been procured by fraud, or that new and material evidence has been discovered, rehear the appeal, and cancel, vary, or confirm its previous determination. Umoss with tho consent of the Minister, tho pending of an appeal shall not excuse the appellant from tho obligation to service. If an appeal is allowed, the appellant will ho re-irans-fc-ircd to the reserve, and will be, as a loservist, subjcct to the other provisions of tho Act.

TRANSFERS TO THE FORCE. At any time and from time to time after the Governor has in manner aforesaid proclaimed and directed the enrolment of either division of the Reserve or of any class or classes of !ho Second Division, and during the present war with Germany, the Minister of : Defence may by warrant signed by him authorise and require tho Commandant' cf the Defence Forces to call up from such division, . class,_ or classes for . service with'.the.Expeditionary Force such number of men as the said Minister thinks necessary. In pursuance of such warrant of the Minister of Defence the Commandant shall cause the number of men specified in the warrant to be selected by lot from the men whose names appear in the register of the division, class, or classes- to which the warrant relates. The number so authorised to be called up for service may be so selected either at once or by such instalments as the Commandant thinks necessary. Such selection by lot shall be made by the Government Statistician in such manner as may be approved by the Minister for the time being administering the Census and Statistics Act. 1910. "The selection shall take place .in the presence of a' Stipendiary Magistrate, who shall certify to the Minister of Defence the names of the men on whom the lot has fallen. The Minister of Defence shall thereupon publish/in the Gazette, and in such other manner (if any) as he thinks fit, a notice setting forth the names, (together with the abodes and occupations so far as known) of the men on whom the lot has so fallen, and declaring those men are called up for service with the Expeditionary Force. Every such gazetted notice shall be for all purposes conclusive proof that the men so named therein have been lawfully called up for service with the Expeditionary Force, save that no man so named shall be thereby precluded from proving on appeal that at the time when he was so called up he was not a member of the Reserve or of that division or class thereof from which the selection by lot was made.

'l'he Minister may from time to lime, by notice in the Gazette, correct any error in the gazetted list of men so called up for service, and the original notice 6hall thereupon take effect in its amended form as from tho dato of the first gazetting thereof. ' No such notice shall be invalidated by any error in the name, abode, or occupation of any man so called up. Every man so called up for service with the Expeditionary Force shall, on the day following the gazetting of the notice calling him up, be deemed to bo transferred from tho Eeserve to the Expeditionary Force, and shall Tcmain, until lawfully discharged therefrom, a member of that Force in tho same manner to all intents and purposes, subject however to the provisions of this Act, as if he had voluntary enlisted therein and taken the oath 'of allegiance under the principal Act. MEN GALLED UP ARE SUBJECT TO MILITARY LAW. Every man who is so called up for service with the Expeditionary Force, or who has voluntarily enlisted therein and taken the oath of allegiance, shall at all times thereafter, both baforo and after

THE QUOTA SYSTEM. In addition to a general register of tho whole of a division or class of the lieserve, subdivisional registers (called district registers) may be prepared. The A 1 mister of Defence may at any timo by order signed by him divide New Zealand into such areas (hereinafter called recruiting districts)' as he thinks tit, and may from timo to time revoke or vary any such order. While any such order remains in force tho register of any division or class of tho lieservo shall bo divided into as many district registers as there are recruiting districts, and the Government Statistician shall entev on each district register the names of those members of the division or class who, to the best of his knowledge or belief, arc resident in the recruiting district to which the district register relates at tho dato

of tho constitution of that district, or at any later date at which they first become members of that division or class, No man who lias been enrolled on any district register shall thereafter be transferred to any other district register because of any change in his rosiuouco after :such enrolment. All the provisions of this Act as to a register of an entire division or class of the lvcscrvo shall, so far as applicable, apply equally to each district register. 'J lie district registers may bo amended from time to time by tho Government Statistician for the purpose of correcting errors as to tho residence of reservists, and reservists may be transferred from one district register to another accordingly, but 110 such ciror shall invalidate any entry 011 a district register, or confer upon any man called up for service with the .Expeditionary Force any right of appeal to a Military Service Board. Bo long as any such order establishing recruiting districts remains in forco the Minister of Defence, in any warrant issued by him. for the calling-up of men from the Reserve for service in the Expeditionary Force, shall specify the recruiting distuct or districts from which they aro to bo so called and the number to be so called from each district 60 specified, but no such warrant shall issue until and unless tho Guvenior-in-Council has authorised the issue thereof. In exorcise of tho powers conferred by this section, the ■ Minister may authorise the calling-up of men from any one or more recruiting districts to the exclusion |of the others. On the issue.of any such warrant in respect of any recruiting district tho number of men therein specified in respect of that district shall be selected by lot from the men. enrolled in the register of that district, and all the provisions of this Act shall apply in the same manner in all respects as if the selection had been made from an undivided register of° the entire division or class of the Keserve.

APPLICATION FOR ENROLMENT IN THE RESERVE. When the enrolment of any division or class of the Reserve has been proclaimed and directed by the Governor m manner aforesaid every reservist who belongs to that division or class (unless he has already before the passing of the Act furnished to tho Government Statistician in pursuance of the National Registration Act, a true statement setting forth tho particulars required, by any proclamation made under that Act) shall within fourteen days after the day of the gazetting of the proclamation by which the enrolment of that division or class is so proclaimed and directed \oi in the caso of sickness, absence from New Zealand, or other unavoidable impediment, so soon as possible thereafter) make application in writing for enrolment in that division or class of the reserve. Every man who at any time after the Governor has proclaimed and directed the enrolment of any division or class of the Reserve becomes during the present war with Germany a member of that division or class by attaining tlie age of twenty years or by becoming resident in Now' Zealand or in any other manner shall, within fourteen days after so becoming a member thereof, make application to be enrolled in that division or ciaes, unless he has already, before the putsing ,of this Act, furnished- to the Government Statistician, In pursuance of the. National Registration Act, 1915, a true statement setting forth the particulars required by any proclamation male under that Act. 'Every appjication under this section shall state the name, abode, occupation, and date of birth of the applicant, together with such further particulars (if any) as may be .prescribed by regulations made under this Act. Every such application shall be made by posting the same by registered letter addressed to the Government Statistician at Wellington. FAILURE TO ENROL. Every man who, being required to make application in accordance with this section, fails to mako such application accordingly, shall be liablo on summary conviction before a Magistrate to imprisonment for a term not less than one month and not more than three months, or to a fino of not loss than ten pounds and not more than fifty pounds. If during tho present war with Germany any man is convicted, of an offonce against' this seotiou, tho Commandant may, by .notice delivered to lym, call upon him for. service with the Expeditionary I'orce, and 110 shall.thereupon become a member of tho Force, and all tho provisions of this Act shall, so far as applicable, apply to him in the same manner as if lie had beeii selected from the Keserve by lot and had been called up by a notice published by the Minister of Defence in the Gazette. Any man ,so convicted and called up while undergoing imprisonment, whether in default of payment of a fine or otherwise, shall be released on tho warrant of an authorised officer; but, if he is subsequently discharged from tlie Expeditionary Force becauso medically unfit for service, or l>ecauso of the allowance of an appeal by a Military Servico Board, ho shall, on tho warrant of an authorised officer, be returned to the custody from which lie was so Teleased, and small complete tlie term of his imprisonment in tho samo manner as if ho had not been so released, and the period during which ho has been at largo shall not be computed as part of that term. Service with the Expeditionary Force beyond the seas, -or actual service for three months as a member of that Forco in any camp of military training, shall constitute a pardon for any of these offences.

FAMILIES OF BROTHERS WHO DO NOT ENLIST. If the Minister of; Defence is satisfied with Tespeot to any family tliat it consists of or includes two or more brothers wlio belong ; to the First Division of the Reserve, and are not permanently unfit for military service, he may at any time oud from time to timo after tho enrolment of tho lfirst Division of tho Reserve has been proclaimed and directed, yive or causc to be given notice to all or any of those brothers to show cause before a Military Service Board'why they should not he called up for sorvice with that I'orce. There is provision for an appeal under this section. For the purposes of the section, "brothers" includes brothers of the half-blood.. ' 1 ONUS ONjTHE MAN ALWAYS. In all prosecutions under tho Act or under tho Army Act if any question arises as to whether ■ tho accused is a member of the Reserve or has been called up from the Reserve for service, the af. firmative is to be presumed until the contrary is proved. In other respects, the onus of proof is thrown on the man, and not on the Government. INDICTABLE OFFENCES. Every person shall be guilty of" an indictable offence, punishable by imprisonment with hard labour for any term not exceeding five years, who— (a) Wilfully deceives or attempts to deceive a Military Service Board in the exercise of its jurisdiction; or (b) Wilfully deceives or attempts lo deceive the Government Statistician in tho exercise of his functions with respect to tho enrolment of tho reserve; or (c) Wilfully deceives or attempts to deceive any medical officer in respect of the medical examination of any member of the. Expeditionary Force or of any person offering himself for service with that Force, whether such member or person so offering is the accused himself or any other person; or (d) Wilfully deceives or attempts to deceive any person with intent to procure his own. discharge or the discharge of any other person from the Expeditionary Force, or from the Reserve ; or (e) Wilfully deceives or attempts to ■ deceive any person with intent to procure his own exemption or tho exemption of any other porson from ■ foreign servico as a member of that force, or to procure his own rejection or the rejection of any other person offering himself for servico with that forco; or (f) Offers any bribe or other unlawful or improper inducement to any medical officer, officer of tho Defence Forces, member of a Military Servico Board, orother porson whatever in the exorcise of any powers, duties, or functions under or for tho purposes of this Act; or (g) Does any act with intent to evade the enrolment of tho accused himself or of any other person in tho reserve or in any division or class thereof, or the calling-up of the accused or any other porson for service with tho Expeditionary Force, or tho continuance of the servico of

tho accused or any other person in that force; or (h) Incites any person to commit any of the foregoing offences or to refuse to render the service which is required of him as a member of tho Expeditionary Force, or which may be so required of him if he becomes a member of that forco; or (i) Conspires with any other person to commit any of the offences mentioned in this section. SUMMARY OFFENCES. Every person shall be guilty of an offence punishable on summary conviction by a fine not less than twenty pounds and not more than oue hundred pounds who, at any time after the enrolment of any division or class of tho reserve has been proclaimed and directed, employs in his service or continues in such employment for more than seven days any man who belongs to that division or class and who is not enrolled therein, unless tho defendant proves that he believed on reasonable grounds that the man so employed or retained in his service did not belong to that division or class or was enrolled therein. , Every person who employs or retains in his service any man who-- has deserted from or is absent without leave from the Expeditionary Force shall be guilty of an offence punishable on summary conviction by imprisonment for any term not exceeding three months or by a fine not leas than fifty pounds and not more than one iiundred pounds, unless the defendant proves that he did not know that the man so employed or retained in his service was a deserter or absent without leave. Every reservist who assumes or " uses or continues the use of any name other than that by which ho was customarily known 011 the first day of November, 1915, shall be guilty of an offence punishable on summary conviction by imprisonment for any term not exceeding three months ,or by a fine not exceeding fiftypounds. A MAN'S DUTIES. Every man who after being enrolled in tho Reserve changes his placo of abode must give notice of his new address to the Government Statistician at Wellington. In the fame way any man of military age who signed the National ltegister card must also notify any change in his address since he sighed the Register. 'The' police aro empowered to question men apparently of military age as to their name, address, occupation, age, or other matters pertaining to 'military service. Publication in the "Gazette" of any proclamation, Order-in-Council, warrant, or jiotico shall bo deemed to be sufficient notification for all purposes whatever. WORK OF DOCTORS. It shall bo the duty of evei'y registered medical practitioner on tlie iequest of any authorised ollicer to examine ■ with due care and diligence in respect of fitness for military service every man who presents himseli for the purpose of being so examined, and forthwith 1 to transmit to that authorised officer a writteii report-of the result of such examination, livery such report shall conform to tho requirements prescribed by the request in pursuance of which it was made. For every such examination and report any medical practitioner not being in receipt of salary in the civil cr militiry service of tlie Crown shall bo entitled to receive from the public revenues such l'eo as maybe prescribed by the Minister of Defence. Every medical practitioner who fails or refuses to fulfil tho requirements of this section shall be liable on summary conviction to a fine not exceeding twenty pounds. PUBLICATION IN GAZETTE. The names of men discharged from the Expeditionary Forco or exempted from military service for any reason' whatever are to be published in the "Gazette," with a statement of the ground on which he has been discharged or exempted. A man called up for service may bo drafted with or without his consent to the Samoan Force. VOLUNTARY ENLISTMENT MAY BE STOPPED. The Governor may at any time and from time to time, by Proclamation approved in the Executivo .Council,proclaim that the voluntary enlistment of rcsorvists or of any division or class of reservists in the • Forco shall, at a day to bo specified in the Proclamation, ceaso eitner throughout Now Zealand or in any recruiting district or districts specified in tho Proclamation. Any such Proclamation may at any time in like manner revoked. Alter the day so specified in suoh a Proclamation made with respect' to the whole of Zealand, and while tho Proclamation remains in force, no leservist to whom the Proclamation applies shall he enlisted in the Expeditionary Porco otherwise than l>y calling up. for service under tho provisions of. this Act. After tho day so specified in such a Proclamation made with respect to any recruiting district, and wliUo tho Proclamation remains in force, no reservist who'is resident in that district and belongs to any class or division to which the Proclamation applies shall be enlisted in the Expeditionary Forco otherwise than by calling up for service under the provisions of this Act. Officers of tho Expeditionary i'orce may be appointed in the same manner as if no -such Proclamation had been made. No enlistment shall be invalid because mado in breach of this section. Save as provided in this section netting in this Act shall preclude the voluntary enlistment of members of the Expeditionary Force in accordance with tho provisions of the principal Act. FARMERS AND COMPULSION. By Telegraph',—Press Association. Auckland, May 24. A resolution urging upon the Government the advisability of enacting legislation whereby compulsory military ser, vice can be put into operation whenever tho necessity axiscs was enthusiastically carried at tho Auckland Provincial Coih fereuce of tho New Zealand Farmers' Union.