Correspondence.

Colonist, Volume IV, Issue 360, 5 April 1861, Page 2

Correspondence.

To. the Editor of the Colonist.

Sir—The effect of the late decision of the Resident Magistrate, in the case of the Nelson Volunteer Naval Artillery Company against Carter is, that the few members of the company who have really attended well from the commencement (some ot whom have not been sworn in, but, having signed, feel it their duty to serve) are now saddled with the expenses of the company; but I think such men will still attend and pay their subscriptions to liquidate the debts of the company. By the non-attendance of so many of the members and the non-payment of their subscriptions, expenses have been incurred, for the liquidation of which the fines were depended on—as it is well known that the payment of subscriptions cannot be enforced, so that a ' volunteer' who purposely evades his drill will meanly shirk out of the payment of his subscription. ':-■;. '■• The report in the JSmminer is correct as far it goes, but the documentary evidence having been omitted gives it the wrong color. By the report it might be inferred that I had been arbitrary j and had inflicted fines on the members in a severe and unwarrantable manner: that such' is not the'case. I believe the following facts will show. Early in July, 1860, about seventy persons formed themselves into a volunteer company, named as above, and after the election of officers the rules, as drawn up by thoss members who then constituted the company, were duly sent to his Excellency the Governor, by whom they wereapproved (with the exception of some trifling additions and alterations) and returned to the company, who confirmed them. Rule XI. states, 'That the days of drill be. Wednesdays and Saturdays, and the hours from 3 to 5 p.m. in winter,. and 5 to 7 p.m. in summer.'. After a.short tinte the hours of drill. being found inconvenient, a meeting of the company was called, and.the time for drill was altered from '5 till 7' to 6 till 8— thus making it very convenient to the majority of the company, who are principally working men. To this alteration (as it was carried unanimously, the defendants included), I made no objection, and the company thenceforward met at six o'clock. Now the members who agreed to that alteration, and afterwards took advantage of it to. evade their duties and escape the fines for tho nonfulnlment of their" duties, may be very clever, but hardly honest; The authorities may have law on their side in allowing the defendants, to escape on the paltry quibble that the rule had been altered. It is contended that even in the rule as.it originally stood '6 o'clock' would be .'.'.between the hours 'for drill, and a volunteer would be subject to a fine if hot .on the ground at 6 o'clock. The defendants did not plead ignorance of the alteration of hours, as such alteration especially suited one of them at least. As to the 'taste' of the professional gentleman who opened a back-door by which these men could escape every duty which they had solemnly sworn to perform, it must be left to the decision of his brother volunteers—commissioned or otherwise. Neither h|s feelings nor his fees can be envied in this case. " >

Rule X. provides that 'all such fines shall be fixed by the Captain and Adjutant, and shall be paid to the Adjutant on demand, and if not so f)aid,may be recovered in a summary way on belalf of the Government, in any Resident Magistrates's court in the colony.' It may be observed that about a fortnight since the same Magistrate gave a diametrically opposite judgment in case of precisely similar character brought against any other member of the same company. The same learned Magistrate who gave two such judgments in so short a space of time recommended the dissolution of the company, and the drawing up of anew set of rules. On this gratuitous advice, I beg respectfully to observe that the rules wero revised by the highest authority in New Zealand, and it certainly is no compliment to that authority, even from a magistrate, to suggest the dissolution of a volunteer company or the cancelling of its rules, especially, as the learned adviser ought to know, that such an act cannot be done without the express sanction of the Governor. I am, &c, L W. AKERSTEN. ) March 30,1861.