THE SALVATION ARMY.

Auckland Star, Volume XXIV, Issue 222, 19 September 1893, Page 5

THE SALVATION ARMY.

BREACHES OF BY-LAWS. FURTHER PROSECUTIONS AT MILTON. SALVATIONISTS FINED. GAOL IN DEFAULT. (by telegraph.—own coiibespondent.) Ddnedix, this day. Seven members of the Salvation Army at Milton, including Captain Matthews, appeared before Mr Hawkins, R.M., at Milton yesterday, charged with taking parb in a procession without the consent of the Borough Council. Mr Donald Reid appeared for the prosecution. The defendants were unrepresented. They were also charged with playing instruments. The evidence showed that since the previous prosecution the Army had conducted their processions more orderly, though on thia occasion, according to the Mayor of tho Borough, the drummer was "fjoing it rather stiff."

Captain Matthows said they thought the by-law very unfair and unreasonable. It must have been made to give part of the community the full liberty to inarch in procession. It was so worded that it might almost havo been framed to bar tho Army. That being ao, the defendants recognised tho present proceedings us a persecution. Tho by-laws were put to nought and treated with impunity by others, yet no action whatover was taken against them. Since the last proceedings, no complaints had beenmade respecting the Army's work, and their procaasiona had boon orderly. The music they played waa sacred, and the Army made a point not to trive the loasb cruise of olfeuce to anyone. They did not stand where they would give annoyance. A week ago last Saturday h football team visited Milton and marched along tho lootpath with two fillgß Hying, and a;;am in the evoning, tho tootbull team going ulonsr tho street in a trap halted opposito the Army and tried to upsot their meotings by yelling, yob no information hud boon laid ior Slmb breach of the by-laws. The present information apponred to bo

A PERSECUTION OF THE ARMY in carrying out what they beliaved to bo a conscientious work. They thought tho bylaw should be declared ultra vires and void.

Tho Magistrate asked whether tho Army claimed that i!i was a necessary part of thoir religion to thus march about.

Capt. Matthews roplicd in tho affirmative. They bclievod it to bo choir duty to go into tho highways and byoways, attracting paoplo to tho meeting places. Ho wan prepared to give evidence that thoir work was conducted in an orderly manner.

The R.M,: "That ia your own opinion. You make no allowance for tho opinion of otlier3."

Capt. Matthews fiaid further thnb they woro guided by tiie decision of the Chief Justico of England. No ono would interfere with Englishmen marching down a stroot, at:d to prevent a band from playing was

AN INFRINGEMENT OF THE LIBERTY of tho subject). That v/iib tho eflccfc of tho decision in tho White Chriatchureh ca?e. Ho would also urge that the case of McGill and Oarbutt did not apply. Thai; decision utloctod playing instruments, not mulching,

Tho R.M. : " You aro wrong tharo. it was for holding a procession."

The .othor defendants admitted having played, bub pleadod that thoy woro within tlioir rights in doing so. Cape. Matthews since taking charge of tho MilOon station, hud mado ib a poinli to upo tho cross roads, ho us not to stand in front of any particular place, uor give cuubo of olionco or annoyunco.

His Worship thought Captain Matthews was mistaken wheu ho maintained that tho Army had a right to form proce?sions in the streets; notwithstanding what tho Lord Chief Justice of England had said. Tho Army had boon told that in Now Zealand thoy had

NO RIGHT TO DO- SO, and yet thoy persisted in doing it, Ho inu.sb tell them that the Lord Chiuf Justice of England's views with regard to the liberty of the subject had been most expressly find unammouo'.y declared to bo wrong by tho Court of Appeal in England. Tho low rolled on by His j Worship in Ciipt. Kerr's case had beon confirmed in the case of Harmon v. Duke of Rutland, and he must teil the Army as thoy rolierl so much on tho Lord Chief Justice, that in iho case of tho Queen v. Hopkins, decided by the Appeal Court, in February, 1C93, two Salvationists wore j '■ convicted by a magistrate, one for playing, j the other fur sipgiug in tho public eLrcofcp, and thoy wero fined forty shillings. Thoy said thao thoy would GO TO PRISON for conscience sake, and tho magistrate cent tliom to prison for one month o.'ichi Tho case went before the Court of Appeal on a technical question, as to wtiother tho magistrate could send to prison for ono month, and tho Court ot Appeal decided that tho conviction waa perfectly right. Tho Lord Chiof Justice- of England said he wholly assented to the decision given by the judge. Tho men were sent to prison for a ! month. In tho face of that decision, His ' Worebipriid not see thai-there was much use ! in tbo Army coming to the Court and citing i the decision of tho Chief Justice of England. He thought they had bettor loavo legal I ijccii'iop.s to tho Courts of Law and not at-1 tempt to bo their own lawyers. Ho waa | in duty bound—ho could not do otherwise— to

CONVICT THE DEFENDANTS. While giving tho defendants credit for acting, an they belicvod, conscientiously, ho must point or.t fchitt while they claimed liberty for themselves they seemed to have forgotten their obligations towards other?— tho obligation imposed by the Biblo which they proposed to accept as the rule of faith, iio long ac ho was entrusted with the administration of" justice, ho would uphold tho constituted authorities in preventing disturbances and annoyance. Ho would tal;o into consideration the Governor's lonioncy in a previous case, which had led the defendanta to think that I hoy wore cntitlod to defy the law, and would therefore raaka tho penalties low. ! Captain Matthews, as tho man in authority, and John Keen, as having been previously convicted, would bo fined 20s or fourteen ciaya', nml the other i>s or seven tiny-h' on the procession charge. On tfcs HGeonO. iuioniw.tioii, Matthews m.\ I'f.ur. »ero fined 20s each, or fourteen d-.y-v. Tiie other 3 wero finod 5s or 7 'Jays', bho tui-nn of imprisonment in ilciauit of paytconb to be concurrent. Grace wae allowed till 2 o'clock to-day co pay tho tinea.