NO LIFTING OF SENTENCES

Sun (Auckland), Volume III, Issue 716, 16 July 1929, Page 13

NO LIFTING OF SENTENCES

Objectors to Military Training PROVISION FOR EXEMPTIONS (THE SUN'S Parliamentary Reporter) PARLIAMENT BLDGS., Today. THE magistrate’s decisions concerning Messrs. Alim M. Richards and Alex Miller, conscientious objectors, will stand, and the law will have to take its course with them. If, after the present eases are over, however, they make application for exemption to the court on the grounds of being Divinity students, exemption will be granted.

“It would be Improper,” said the Prime Minister, iu making the announcement, after full consideration, by Cabinet this morning, “to interfere with -the course of the law. The magistrate’s decision stands, but instructions will be issued that, iu future, Presbyterian students of divinity will have the right to exemption on their application to the Court.” This is the latest move in a case which has long held public attention. In May, 1927, Richards appeared before Mr. W. R. McKean. S.M., was fined £1 for failure to attend military drill, and his application for exemption refused. On September 14 following he was fined £lO and costs by Mr. F. K. Hunt, S.M., whereupon the Auckland Presbytery, under whose jurisdiction he is as a student, passed a resolution claiming rights of conscience for Presbyterian objectors. Some weeks later an outstanding application was refused by Mr. E. C. Cutten, S.M., on the grounds that the Presbyterian Church was not opposed to war. When the General Assembly, the representative governing body of the New Zealand Presbyterian Church, met in November, it reaffirmed a resolution condemning compulsory military training, and passed this further resolution: The Assembly (1) Declares in harmony with the historic position of this Church Us conviction of the inviolability of the rights of the individual conscience. (2) Recognises that a Christian, In the interpretation of his duty to Christ, may feel obliged to refuse to render military Sei (r») C Cla!rns for members of this Church who hold conscientious objections ? > military training on religious grounds the rights of exemption, provided by the ID ID amendment of the Defence Act, 3909. The following April three Presbyterian divinity students, W. E. Byrt, Miller, Richards, and L. G. Usher, a teacher, applied for exemption. The application, which was supported by the Rev. Dr. James Gibb, of Wellington, representing the General Assembly, was refused by Mr. Hunt on the grounds that the students had not proved their bona tides to his satisfaction. Shortly after a fifth student, J McDougall, was refused exemption on the precedent of the former refusals to Presbyterians. On being asked by the Auckland Presbytery to make clear their position with regard to alternative nonmilitary service, the students made public a personal letter previously written to Captain J. Wales. which stated: —“Our objection to military training is not just an objection to ‘the bearing of arms,’ but extends to all portions of the military organisation. . . . We feel that by our refusal to assist your organisation we are doing our country a real positive service of some magnitude. So you see our objection is not to the rendering of

service to the State. but to doing it dis-service from our point of view. We are quite willing to do any sort of ‘alternative non-military service,’ such as hospital work, etc. Of course, it is not in your power to give work other than of a military nature, work connected with your organisation, but we would willingly take it from the source provided in the Act.” A fortnight ago Richards, Miller and McDougall again appeared in Court. The former two were deprived of civil rights for 10 years and fined £5. It was Miller’s first offence, although he had appeared in Court previously in connection with claims for exemption. Richards is aged 22. He is a Bachelor of Arts, holds a Diploma in Journalism and is the present Senior Scholar in History of the University of New Zealand. Miller, a year younger, is half way through his University course and is a University “blue” in debating. Both are sons of Presbyterian ministers.

INDIVIDUAL RIGHTS

BAPTISTS CONCERNED AT JUDGMENT Baptist ministers of Auckland, at a meeting yesterday. expressed grave concern at the decision of Mr. F. K. Hunt, S.M., in dealing with the Presbyterian divinity students, Messrs. Allen Richards and Alex. Miller, for their objection to military training It was emphasised to the meeting that Baptists had always made a strenuous stand for the freedom of the individual conscience. The ministers issued as their considered opinion that exemption from military training should be granted in all cases of genuine conscientious objection.