A SOLDIER FOR A DAY.

Taranaki Daily News, 15 May 1920, Page 11

A SOLDIER FOR A DAY.

QUESTION OP STATUS RAISED. The question whether a man who was enlisted and discharged after the war without having actually served is a "discharged soldier," was discussed in the Supreme Court in Wellington. Recently Alice Warren, the owner of a house at Lyall Bay, took proceedings in the lower Court to obtain possession of it from Harold George Tanner, a clerk. The magistrate decided in Mrs. Warren's favor, and the matter before the Chief Justice was a motion for a writ to prevent further action. Mr. R. Kennedy appeared for Tanner and Mr. T. Neave for Mrs. Warren. The Chief Justice said that for the motion to succeed it would be necessary to prove that Tanner was a discharged soldier. What was a discharged soldier?

Mr. Neave: A soldier who h!i3 received his discharge from the F i:peditionary Force.

The Chief Justice: The question is was he a member of the Expeditionary Force and was his appointment terminated? Assuming that he was discharged, was he ever a spldier?

Mr. Neave: No, because he was not in receipt of military pay as a member of the Expeditionary Force. The only pay he got was the ss. The Chief Justice: It does not matter if it is only sd. Mr. Neave: It can be shown tlat he was given leave without pay. The Chief Justice: He could not get leave unless he was first a soldier. Mr. Neave: He was a soldier for one day. Mr. Neave said the Act was intended to,apply to men who had rendered some military service. The Chief Justice: Has he been given a discharge as a soldier. Mr. Kennedy said there was power to discharge by proclamation, and that had been the method followed in Tanner's case. His Honor said he would take time to