VOLUNTEER CONTRACT CASE.

Auckland Star, Volume XXXI, Issue 213, 7 September 1900, Page 6

VOLUNTEER CONTRACT CASE.

The S.M. at Tima.ru has been occupied for two clays hearing' claims for breach of catering- contracts, at last Easter encampment, against Lieuten-ant-Colonel Gordon, commanding the Canterbury district, LieuteiiantColonel Bailey, South Canterbury sub-district (under Lieutenant-Colonel Gordon), and Captain Palairet, D.A.A.G., at the camp. LiuetenantColonel Bailey, in Timaru, was authorised to accept tenders, and accepted P. Beilly's offer, £52, for the canteen, and A. Budd's to cater for the staff and officers and mounted men. 4/, 3/, and 2/ per man, respectively. After the tenderers had begun preparations Lieutenant-Colonel Gordon, in Christchurch, en^a^ed P. Burke to cater, and in consideration of his doing' so at 2/ per day all' round, gave him the canteen for nothing-, and ordered the Timaru contracts to be cancelled. Reilly claimed £200 damages, viz., expenditure £SG, and loss of profits, >£144. Budtl claimed £140, viz., expenses £94, and loss of profit £50. Lieutenant-Colonel Gordon maintained that Bailey was not authorised to accept tenders, but had to refer them to the D.A.A.Ch, at Christchurch. Bailey and all the other witnesses denied this. Counsel for defendants argued that they were not liable because they were acting as officers of the Crown. The other side replied that defendants ■were not acting as officers of the Crown in this matter, as the Crown 'does not undertake to supply volunteer camps, but only to give 2/G per man per day. The officers were acting merely for the volunteers to make rthe best use of the capitation for the men. The bungle arose through some ■delay in obtaining tenders for catering at Timaru. Judgment was reserved.