THE TERRITORIALS.

Stratford Evening Post, Volume XXXIII, Issue 25, 27 May 1912, Page 3

THE TERRITORIALS.

AN IMPORTANT DECISION. (Ptr Press Association.) Wellington, May 26. Tho peftal clause in the Defence Act lias proved valid. The decision of Mr W. G. Riddell, S.M., in reference to the attendance at military parades, has been reversed. This was, in effect, the ruling of the Full Court to-day in the defence appeal Donip-

sey v. Kurness. In the course of a lengthy judgment, Sir Robert Stout held that the date lor the camp had been fixed and the requisite notices given. Respondent did vA attend, and he had no lawful excise for not attending. It "is contended tlint he may attend another camp during tlie year if another is held in the district, and that until it is seen •\het'.;ei there is another camp and, therefore, not till the end of the year can it be determined/whether he has or iias not evaded or failed to render the person service required of him. The Contention is that if he failed to render personal service tAiat is a military offence governed by the regulations, which say that a court-martial can deal only wittl members of the Territorial force when "performing military duty or going to or from a place of parade, exercise or military duty." lie, therefore, was of opinion that the Magistrate's opinion was wrong and must be set aside and the case remitted to him, so that he may deal with the respondent and inflict such fine, not exceeding £5, as he thinks proper, respondent to pay costs of the appeal, £5 ss. Justice Cooper held that tho construction put upon Section 51 of the Act by tho Magistrate is that a member of the Territorial forces cannot he prosecuted under that section until twelve months have elapsed. The result of such a construction would lead to the "Gilbertian absurdities" mentioned by* the Solicitor-General. Tlie constitution of the camp and the fixing of the time and place would be of no effect if tho Magistrate accurately construed the statute. The defect is in the Act, in such case, and the Legislature is the only authority to cure it. These consequences are so serious and extraordinary as to justify the Court, if it can reasonably do so, in construing the section in such ac way as to render the Act effective. In liis opinion that could, properly be done. Justice Cooper. further remarked that a person whowilfully fails to obey the mandate to train' and do the duty that jtiuj country reduires of him is properly, punished, by being deprived of,. electoral privileges and employment I 'in the public service of the Dominion. He thought that the Act should be amended so that this deprivation should .cease when the offender recognised his duty, and submitted himself to the obligation imposed by the, statute. In his opinion the appeal must be allowed.. Mr Justice Chapman said that he had no doubt whatever about the case. He was satisfied the Magistrate had taken a mistaken view of the legislation. The regulations appeared to him to be carefully framed arrd to express clearly what the Legislature intended. It was clear to him 'that respondent in the case had committed an offence of which the Magistrate ought to have convicted him.