PRIESTS AND THE BALLOT

Dominion, Volume 10, Issue 3033, 21 March 1917, Page 6

PRIESTS AND THE BALLOT

A NEW POINT RAISED

CONCERNING EXEMPTION

CERTIFICATES

When the-.appeal of-Father, Patrick Fay, of Greenmeadows College, Napier, came before the third Military Service Board yesterday, Mr. H. F. O'Leary, who appeared to support the appeal, raised an interesting point regarding the certificates issued by the Minister of Defence.

Mr. W. H. S. Moorhouse presided, and the other members of the board present were Mr. M. J. Mack and A. O. Copsidine. Captain Baldwin was the military representative. Mr| O'Leary, after inquiring whether; the' board had received a certificate from the Minister, and on being assured that'it had, said: "Then I desire to submit to the board that having received the Minister's certificate that the calling up of this reservist is against the public interest, and in the absence of any evidence to the contrary, the appeal must be alloweqj, in accordance with Regulation 9, which provides that the hoard 'shall,' that,is, i makes it mandatory, \inless it sees some good reason to the. contrary, ac-, cept such certificate." - . The chairman: The hoard has taken up the position that it is its duty to investigate every case of 'whether the Minister has granted a certificate or not. It is onlv in that way that we can find out if there is any good reason why ah appellant should not be exempted. Mr. O'Leary: The board must accept the Minister's certificate unless it had good reason to the contrary. The appellant having submitted the certificate of the Minister,.had discharged the onus ithat was upon him. and it was for the hoard to show that notwithstanding the certificate of the Minister there was good reason to show that the appellant should not he exempted. ' Further, the reason must be stated in'evidence before that tribunal. The board must riot act on the opinion of its individual members, or of a majority of the hoard, as to whether the calling up of a reservist with a certificate was or -was not public interest. That was what had happened in the v anneals of priests already dealt .with The board had .said', without any. evidence, that the callinc up of those reservists was not contrary -to the public interest. That nullifies the. regulation, and the certificate becomes merely a scrap of paper. .'ln framing the regulation*. Cabinet could never have intended, that the individual opinions of the members of the. hoard should be set up against the Minister Who granted the certificate. Also the savin", words "if it (the board) sees good reason to the contrary, tended for use where a certificate had been obtainedjor a reservist on perhaps incomplete information. ' Captain Baldwin: Or on what.turned put to he incorrect representations to 'the Minister. •' './ ' ' i Mr. O'Leary: Exactly. . Captain Baldwin! Do you suggest that the regulation gives the Minister concurrent jurisdiction with the hoard. Mr. O'Leary: Not necessarily. Mr. Considine: Suppose the board considers.that it would not be against the public interest to call up a reservist with a certificate. " ■ > Mr. O'Leary: You must allow the appeal in the absence of evidence to the contrary. , . The chairman: You are referring to the cases of the theological students. Mr. O'Leary: Yes, and the priests, too. ' , i■ " v. The chairman: Nothing has been done with.the priests; their cases have been adjourned. ''■'... Captain Baldwin: Mr. O'Leary contends that you must exempt them on the Minister's certificate. Mr. O'Leary: IF you have nc-evi.t dence to show that they should not he exempted. Captain Baldwin: Who is to judge what is the public interest. Mr. O'Leary: The power has heen granted to the Minister, and he must judge. ■ i Captain Baldwin: I do not think_tho •regulation says so, and if it does it is ultra vires. ■ In referring to the theological students, the chairman-stated that the Archbishop had told them that the students' were not qualified to bury, or marry, or to administer the sacrament. The hoard had no desire to. in ■ any way interfere with the ministrations of the-Church. '

Mr: O'Leary again insisted that if proof were submitted that the appellant was a priest the onus on him was discharged. The chairman: I think, Mr. O'Leary, that' you would find it easier to go on as we have beon doing in these cases. Mr. O'Leary: I am merely acting on mv instructions.

■ Captain Baldwin, in replying, stated that the only body which had any jurisdiction to decide what would or would not be in tho public interest was the board." The Minister derived certain powers, under the regulations, but only subject to th* jurisdiction of the board. Until a Appeal Board was set up, the board alone could judge such questions. " Tho chairman: If anything else had been intended it would have been stated in tho regulations, and the matter taken out of the hands of the board. Mr. Considine hero remarked that as the only Roman Catholic member of the board, he wished to state that he respected all ministers, because they had consecrated their lives to doing good, No one would expect, that they should bo sent to'-the front to.take the lives of thoir feilow-men, but when our men were dying in.thousands, and were sick and wounded; he thought that puttins the theological students into the MVffical Corps could do no _ harm— they could do more good tending the sick" and wounded than they could do here. In the sight of God and man, he held that those men * could do more alleviating suffering and consoling the dying. He added: "If Christ were here on earth to-day. He would say to these men: 'Go, do this work.' "__ Mr. O'Leary produced Archbishop O'Shea's certificate to show that appellant was a priest, that he was willing to serve as a chaplain, and that his withdrawal from New Zealand would cause undue hardship to the Qatholic people. .;. ■■ The chairman: That seems somewhat inconsistent.

Mr. O'Leary: As a military chaplain he would not be withdrawn from New ■Zealand for some time.

The chairman: How would it bo when he goes to tho front? Mr. O'Leary: When he goes to the front it would mean that one thousand Roman Catholic soldiers had gone too. The chairman: How many priests havo gone? Mr. O'Leary: Eighteen. The chairman: Have 18,000 Roman Catholic soldiers gone from New Zealand? Mr. O'Leary: No, 14,000; in four instances chaplains were, substituted. Tho board decided to treat tho appeal the same as in previous crises. It was adjourned sine die, the appeal to bo reviewed before the First- Division is exhausted.