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Poverty Bay Standard, Volume I, Issue 4, 3 November 1883, Page 2

The results of the appeal ca>t—Wint R v. Parnell—decided by Mr Justice Richmond in the Supreme Court Wellington, last eeek, is pregnant with interest to all commanding officers of Volunteer forces in the Colony. The result cannot do otherwise than act prejudically and be detrimental to the carrying out of that discipline which is so necessary to the developement and efficiency of (he Vduuteei body. Surely it was never intended by the legislators who framed the Volunteer Regulations that a commanding officer, after inflicting any fine under the conditions specified in the regulations, should be put to the trouble and annoyance of going into Court and asking a magistrate to decide •as to whether he was right or wrong in doing so. According to the present ruling all that an officer can do is to report the defaulter to the magistrale who has to decide not alone whether the delinquent has offended but also whether he should be fined, thus virtually stepping in and userping the discretionary powers ami functions which, of right, belong to the officer, and which it is so necessary should alone be exercised by him in order to give that prestige and absolutism which is the main ingredient in securing and commanding the prompt obedience and respect of all bodies of men forming milita y organisations. In dealing with matters affecting the discipline of trained forces, due regard has invariably been paid io the necessity which exists fur in vesting the commanding officer with certain despotic powers in dealing with all matters relating to the discipline and ordered the force under their command. The pungency and efficacy of all punishment designed to prevent ur suppress any dereliction a of duty most assuredly consists in its certainty, no less than its severity and directness. When it is known that an officer possesses power to enforce his orders they will be obeyed with promptitude and alacrity. But wuere ir. is known that it will cost him mure cruubleaud annoyance in attempting to get enforced a line for what lie may consider a perfectly clear breach of the regulations, but wincna reieice in the shape of a magistrate may construe into a totally different meaning, he will be as chary iu attempting to interfere with the offender in the same degree as the offender will be cureless in incurring any fine whicn he knows full well the officer himself is powerless to inflict or enforce, without the concurrence of a civil power. The mutter calls fur the immediate attention of lhe au horuies as its effect is likely to militate greatly, and act detrimentally against the b» st interests ami morale uf the whole Volunteer force.