MILITARY SERVICE BILL

Dominion, Volume 9, Issue 2792, 9 June 1916, Page 6

MILITARY SERVICE BILL

THROUGH COMMITTEE

APPEALS FOR EXEMPTION

PENALTIES FOR OFFICERS

When the Hciise of Representatives met at 2.30 p.m. yesterday consideration of the Military Service Bill in Commutes was resumed at 2.10 p.m.

On Clause 29, dealing with appeals by employers,

The Hon. J. Allen.moved to omit tho words "and whethor with or without his 'knowledge or consent," thus providing, with a subsequent amendment, that notices of appeals mado by an employer in reference to tho employer's appeal oil to tile employee, although the employ?!: still had the right to institute an appeal on behalf of any man. .

Mr. M'C'ombs moved to make the position definite by tho insertion of the words "with his consent and knowledge'' in refeeriico to the employer's appeal en behalf of an employee. Any feudal relationship between an employer and employee could not be tolerated, ho said. The Minister held that the clause as drafted met the position amply. Notice of the appeal had to be sent to the employee, whoso right of a further appeal, if this one were dismissed, was not hampered. The proposed amendment would create untold trouble. For instance, in. the Railway Department, would the General Manager have to secure the consent of every employee before he could appeal on their behalf as being necessary to the service of the country here?

Mr. M'Combs protested agaiust aji employer'having any right to appeal at di. Mr. Veitch pointed out that the whole, purport of the clause ivns to protect the country from losing the services in any particular industries of men wlnse expert services were vital. It was not a matter of class distinction, hut one of common-senso organisation. A division was reached at i p.m., whvn Mr. M'Combs's amendment was lost by 49 votes to T>, and the Minister's amenlment carried on the voices. A Refuge for Shirkers. Mr. G. Witty moved an amendment to the clause to provide that ail employer who is a parent t o£ the man shall not have a right of appeal on his behalf. He suggested that these appeals from parents might bo th'o means of releasing a lot of shirkers. He knew parents who had actu-' ally bought property in land in order to protect their sons from the obligation to serve. Dr. A. K. Newman said that there were far too many shirkers in the families of wealthy men, especially in tho country. They were deliberately staying at home to make money, allowing others to .fight for them. The Minister said that he saw no reason. why a pai'Hii: who was the employer of a son should not have a right of appeal. 'Che cases mentioned by Dr. Newman and Mr. Witty were all met by Clause 33, which enabled the Government to call up such families of sons without ballot Mr. W. Nosworthy said ho would supoort tho . amendment, but he knew of whole families of sons, none of whom had gone to the front, who were not on 'the land. All the shirkers were not amongst the farmers. The amendment was carried on the voices, and the clause as amended iras •agreed to. Quota Clause Carried. Tho clauso relating to the district quota was agreed to almost without debate. So also were tho clauses prescribing the procedure of enrolment in the lteservc, and defining the obligation of men so to enrol. To Catch the Shirkers. Clauso 33, containing special provisions for tho calling up of families of sons who. have not volunteered, and this without recourse to tho ballot, was not debated at length. Mr. G. 1 V. Pearce said he hoped tho Government would put the clause into operation without delay. Mr. M'Combs expressed his opinion that the clause'would not have the effect claimed for it. 1 Penalties for Offences. There was discussion on Clauso 3G, defining somo indictable offences under the Act, punishable by imprisonment witli hard labour for_any term not exceeding five years. Mr. AVebb suggested that tho form should bo reduced to two years.

Mi\ Wilkinson moved to add a new sub-clauso providing that any offender convictod under tbas clause, of offences relating to his enrolment, discharge, or exemption should also alter the expiry of any term of imprisonment served by him be ineligible to be elected as a member of Parliament or any local pub, lie body or to vote at any such election. Mr.. A. H. Hindmarsn opposed the amendment, urging that the imposition of such, a penalty would induce juries not to convict. He thought the Judge ought to have power to reduce the penalty, and the amendment did not allow the judge any suoh discretion. -Mr. Wilford supported tho argument in favour of allowing discretion to t'he Judges-

The Minister said that ho was of opinion that a man who refused to fight ought not to be allowed to vote or to exercise other civil rights. He was in favour of the amendment.

Mr. Statham pointed out that the forfeiture of civil rights penalty would apply only to those offenders tried in the civil Courts, and not to those perhaps equally guilty, tried by court-martial. The Minister said that if tho Committee put tho amendment in the Bill ho would, have this point examined, and, if necessary, provision would bo made to apply tho penalty of loss of civil rights to men convicted by military Courts. Mr. Wilkinson altered his amendment to give the Judge discretion as to i the length of the period during which the person convicted shall suffer deprivation of civil rights.

Mr. W. A. Vaitcli said he would oppose any clauso to deprive a man of,his civil rights for any reason whatever.' Mr. P. C. AVebb opposed the amendment as reactionary. J t was opposed also by Messrs. M'Combs, M'Callum, and Dr. Thacker.

Mr. L. It; Isitt spoke on the nmoaJment, denouncing very, strongly tho action of Parliament in proposing to inllijt 6uch severe penalties on religious and conscientious objectors. . Tho Committee went to a division on the amendment at 7.45 p.m. The amendment was defeated by 33 votes to 2?,. Mr. M'Combs urged that'the maximum penalty of five years' imprisonment lie reduced to six months' imprisonment, which, he said, was the penalty prescribed in the English Act. Mr. T. M. Wilford pointed ont to Mr. M'Combs that there was no word ,"tvib fully" in tho English Aot. In EngUii-I a man who without any intention to do so, gave wrong or misleading information was liablo to a penalty. Under our Act the onus would bo upon the Government to show that the deceit was wilful. Dr. A. K. Newman urged that, the maximum penalty should bo reducc-1 from five years to three, or -even two years' imprisonment. Mr. T. 51. Wilford also favoured tho reduction of the penally. The Hon. .1. Allen consented to redu.-s the penalty from five years to three, ar.d this amendment was made. The clause as amended was agreed to on the voices. Employment of Deserters. The next clause, constituting it an offence punishable with a fine of .£IOO for any employer to keep in his employ a man who was not enrolled was l>y Mr. M'Combs and others. lTn nrgued that the effect of it would be io punish with starvation any offender ruder the Act, for he would not he.able to .ret employment. Mr. Allen said that the object of the clause was to enforce enrolment. Amman could escape nunishment by petting enrolled. .Then he would be under no obligation to starve. Air. M'Combs suggested that there ought to be in tho Bill a clause requiring employees to see thai, theiv employers were not shirking. He declared (ag:iin?L a chorus of "Noes") that members of the

House could not get it out oi their minds that the employee was a chattel of the employer. The clause was agreed to on the voices. A division was called on the clause, making it an offence to employ deserters. Tho clause was retained by 4!) votes to 12., Powers of Police. Mr. Wilford raised objection to Clause •11 giving the police power to question reservists. He took spccial exception to that portion of the clause giving a constable power to arrest without warrant "any man reasonably suspected" of tho cffence of answering questions "in a false, misleading, or imperfect manner." 'L'ho Hon, A. L, llerdnmn suid that he admitted that the clause was a drastic one, hut it was intended to be drastic. It was intended to reach shirkers, who would by every possible means hide"and deceive, and very wide powers would be necessary to the police. He contended that it was not unreasonable that a constable should have this right of arrest, and that it would..bo safe to have in a "War Bill of limited duration provisions that would not be safe in general legislation. i Mr. Wilford said he' would raise no further objection if the word "imper feet" were struck out. He refused to accept the judgment of a policeman on the question of whether an answer was imperfect or otherwise. The Minister agreed at once to delolo this word, and Mr. Wilford wiFliilrew his opposition'to the clause. Mr. Sfcatham offered an amendment to the wholo clause providing, in effect, that where tho police knew the name and residence of a person supposedly guilty of the offences indi9»ted they should issuo a summons and only exercise tho power of summary arrest where there was a likelihood of the man disappearing. The Minister said he would prefer tho clause in the Bill to go through as it was. The Hon. G. W. Russell said it was hoped to provide each man on enrolment with a card which would be a'certihcate of enrolment and which could bo shown to nny policeman. If it cannot be shown tho poiiceman could' act. The Government Statistician informed him that in his opinion not more than 3000 men had refrained from registering under tho National Register, which did not have the compulsory nature of the present measure. lto therefore thought tnat those who did not register, would be negligible, but there should be power to catch those who did not comply. Mr. Poole alleged that many eligible young men were leaving the Dominion as trimmers. Mr. Russell: That is quite incorrect— v, *J T . re P or ' : beforo me to-day. Mr. Hmdmarsh declaimed against the danger ol entrusting such extensive pow-' ors to vindictive, rash, and officious policenien. He held that where addresses w ere known no arrest should bo made, ji ~ said that 90 per cent of the police were fair-minded and tactful, but no recited a recent local case at length to show, as ho said, that some men were careless of what they said. The clause as amended was adupted bv 18 votes to 8. , On Clause 42, rendering it obligatory upon all possessed of information of value to the Government Statistician in relation to any person to give it to a constable or Defence officer, Mr. T. W. Rhodes moved to make it conditional that the constable should be "acting with the authority of Commandant." The amendment was adopted on tho voices, and. tlie clauso as amended was adopted by 45 votes to 4,

To Stop Volunteering. Clause'47—tho last in the original'draft ol tho Bill—was reached at 11.6, and it was obstinately opposed by the Labour men. It provides for the stoppage by proclamation on the part of the Governor of voluntary enlistment in any district at any time. In answer to Mr. M'Combs, the Minister said tho intent of tho clause was that if It were found that ?vL •9' v ' s ' on I' n any district were deliberately shirking because Division II men were enlisting, then voluntary onlistment should be stopped, and Division I cleared up by compulsion. Mr. M'Combs held that the clause was designed to help tho Government securo cheap soldiers" even, when volunteers (though _ tXcy might bo mrried) wero offering an ample supply. . All amendmont by Mr. Wilford limiting the stoppage of voluntary enlistment to reservists over twenty-one years of ago (so that men then becoming twenty should still have an opportunity of vol unteering) was accepted by the Minister and adopted. Tho clause was agreed to by 45 votes to 1. Conscription and the Maoris. A new clause was added to the Bill providing that the Government may by proclamation extend the provisions of the Act' with suoh modifications as he thinkß necessary, so as to provide for tho compulsory calling, up of Natives for military service with tho Expeditionary Force. This clauso is introduced us being complementary to the exemption of Natives from the operation of tho Act generally. The Minister moved a new clause giving the Government power to mako\regulations under the Act. Mr. ( M'Combs moved an amendment that all regulations so made should be submitted to Parliament for approval. Ho objected to the Government having powers of legislation. The amendment was not. pressed to a division, and the clause was added to the Bill. ' Duration of the Ad. Mr. M'Callum moved the following new clause: "This Act 3hall remain in force until forty days after the first meeting of Parliament following the conclusion of the present war, and no longer." The clause was lost on the voices. Employment of Aliens. Mr. Witty moved a new clause making male aliens of military age in New Zealand liable to render such civilian service as. lie might bo required to render. He suggested that these aliens should receive tho same rates ot pay as soldiers on service. The Hon. J. Allen said that there were good reasons why the clause could not be udopted, and he could not accept it. The clause as it stood would apply to Americans, Swedes, Swiss, Danes, and the subjects of other neutral countries. These could not bo requisitioned for service of any kind. International law would not permit of it. The suggestion that the rate of pay to aliens, evqn enemy aliens, should be defined was impossible. This involved a question of international law, and there were conventions between Britain and Germany now as to the payment of persons interned who were required to work. The clause was rejected on the voices. A Big Business. Mr. Witty submitted"-another clauso to provide that every member of Expeditionary forces should be insured ljy the Government for .£IOO. The clause, beiug a "money''' clause, was ruled out of order. Mr. Allen explained, however, that it had been calculated that the proposal would cost the State .£1)30,000 per year Mr. CTaigie moved a. new clause to provide that the voluntary enlistment of married men with two or more children should not bo permitted until Division I is exhausted. The Bill was amendments at 0.15 a.m., and members applauded joyfully. The House rose at 0.48 a.m. "Fore-warned, fore-armed.'" Baxter's Tiling Preserver prevents as well as remedies coughs, colds, sore throats, chest and bronchial troubles. Big bottle, Is. lOd. Chemists and storekeepers.—Advt. The price of benzine has increased, but. car owners can reduce it to its old price by iiuttiUE a Speedier attachment on their ensine, which, it is claimed, reduces tho consumption one-third, and increases the speed ten miles an hour. See advertisement in the advertising columns.