THE TERRITORIALS.

Taranaki Daily News, Volume LIV, Issue 283, 27 May 1912, Page 5

THE TERRITORIALS.

THE SMTHSTOLiD CHAMP, •- '* By Telegraph—Preia Association. ' J Wanganui, Saturday. \ The Territorial camp at Smithfield, > broke up to-day after a very useful fij period of training. Interviewed, Chap- i lain-'Major Luxford, who spent' the L whole period in camp with the men* ~.< spoke in very high terms of the be* -*• haviour of the lads, saying that their £ conduct was creditable to themselves ~| and to the homes they eame from! "If .! all territorial camps are conducted like.'; this one," he said, "parents need not -i have any fear for the welfare of their ** boys," So far as he could observe. '*■ there was not the slightest sign of liquor, and he did not.believe that an -" ounce had been smuggled into camp. ' # Major Luxford says that he was -I [ afforded every assistance by the officer* ,'-! of the regiment who themselves set * : good example to the men, and he considers that the Sergeant-Major in- 'it structors are of a fine stamp and are '"■ just the kind of men to influence the '} lads for good. Referring to spending- l f evenings in the camp, he says that >- : the authorities should provide bigger - ;; marquees and more of them, in order ; vthat all the men should be able to take . ' part in rational amusem&t and apead-'TS the evenings pleasantly. The "moral leper" wants isolation, when he is found to exist, and cafe should be '*' taken that .no tent is pitched outside, "■' the camp boundary. He recognises the i difficulties authorities are under in, •! these matters, but hopes they will re- . ceive attention as early as possible. < AN IMPORTANT DECISIONS ■'

Wellington, Last Night. '' The penal clause in the Defence Act .- has proved valid. The decision of Mr.' J Va. 0. 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, Dempsey v. Furness. In the course of a lengthy judgment, Sir Robert * Stout held that the date for the camp j had been fixed and the requisite notices ': given. Respondent did not attend, and '• he-had no lawful excuse for not attend- • ing. It is contended that he may attend another camp during the year if another '' )s held in the district, and that until it is seen whether there is another camp Kid. * therefore, not till the end of the year- ' can it be determined whether he has or * has not evaded or failed to render the person service required of him. The con* * tention is that if he failed to render per- .: sonal service that is a military offence -' governed by the regulations, which say "'■ that a court-martial can deal only with '• '"i members of the Territorial force when * "performing military duty or going to ,'f or from a place of parade, exercise or' ; " military duty." He, therefore, 'was of "'< opinion that the Magistrate's opinion .\} was wrong and must be set aside the case remitted to him, so thai 1» !■'" may deal with the respondent and inflict '.,• such fine, not exceeding £5, as he thinks' '1 proper, respondent to pay costs of the- *' appeal, £5 ss. '& Justice Cooper held that the construe- jl tion put upon Section 51 of the Act byj"i the Magistrate is that a member of the'*'"S Territorial forces cannot be prosecuted*?' under that section until twelve months'iil have elapsed. The result, of such a W l l struction would lead to the "GUbertiaVAi absurdities" mentioned by the Solicitor-* lis General. The constitution of the aw't and the fixing of the time and place--]! would be of no effect if the accurately construed the statute. Thet-l defect is in the Act, in such case, and M the Legislature is the only authority "t» J| cure it. These consequences are sq aeri«is| oua and extraordinary as to justify Court, if it can reasonably do so, in cohr '& etruing the section in such a way as to render the Act effective. In his that could properly be done. Jusfwe/s Cooper further remarked that a personal who wilfully fails to obey the mandate./! to train and do the duty' that his coun-'i?! try requires of him is properly punishe4*o bv being deprived of electoral privilege**' 1 and employment in the public service «(&J the Dominion. He thought that the Act % should be amended so that this depriva- »\ tion should cease when the offender re* cognised his duty, and submitted hi«> | self to the. obligation imposed by the.. | statute. In his opinion the appeal must i b-i allowed. ,a Mr. Justice Chapman said that he had. -J no doubt whatever about the case. He J was satisfied the Magistrate had taken VI a mistaken view of the legislation. "The regulations appeared to him to be care". "-i% fully framed and to express clearly what % •the Legislature intended. It was clear J§ to him that respondent in the case had M committed an offence of which the Magis- ' M trate ought to have convicted him. J