A TEST CASE.

Taranaki Daily News, 7 October 1918, Page 2

A TEST CASE.

should "a ca.mN ©RiLL? r By Telegraph.—Press Association. Wellington, Oct- s'. The status of unfit Territorials catae before the. Supreme Court to-day, in the caes of the Crown v. Harold Esau, who was a member of the Territorial Forces. He was called hy ballot to ho a member of the Expeditionary Forces. He was medically examined and clawed C2 (unfit for active service) and given indefinite leave. Then he failed to attend drill, and was proceeded against by the Territorial authorities,, ibut the Magistrate found in his favor. Against this decision the Crown appealed, the case being regarded as a tost case. The Solicitor-General (Sir John Salmond, KC.) appeared for the Crown, and responded was represented hy Mr. 11. V. O'Leary. Sir John Salmond pointed out that if the decision of tho Magistrate «tood, it would mean tho practical destruction of the Territorial Force in time of war. The only possible defence respondent could have for failing to attend drill was that ho was prevented from so doing hy his obligations in tho other force, nmd of these he had none. The Territorial Force and Expeditionary Force were perfectly distinct units. Mr. O'Leary's main contention was that, being a member of the Expeditionary Force, respondent could not at the same time be a member of the torial Forces, nor could ho he subject to commands front the, latter force- Respondent was still a member of the Expeditionary Force, and from a strictly; legal standpoint his position was exactly the samo as that of the man who was passed fit A adn in camp. His. Honor held lhat the latter maii was actually executing an order' by being in camp, and this seemed to him to establish the difference ibetVeen the'two cases!. ■Mr. O'Leary, in conclusion, pointed out that respondent might at any moment be called upon to obey two separate commands. . Judgment was reserved.