WHEN CONSCRIPTION COMES.

Auckland Star, Volume XLVII, Issue 243, 11 October 1916, Page 6

WHEN CONSCRIPTION COMES.

THE EXEMPTION BOARDS

COUNSEL TO BE HEARD.

POWER TO SHUT THE DOORS.

• The wheels of the Military Service Act, like the mills of God, work slow but sure, and the announcement yesterday that the special regulations governing the proceedings of the Boards which have been set up for the hearing of appeals is another proof that, sooner or later, the Government means business. Several of the regulations seem to suggest that the Government is determined that fraud and hypocrisy shall be given short shrift, for Regulation 11., dealing •with the conscientious objector, not only requires that the applicant for exemption shall have been, on August 4, 1914, and continuously einee then, a member of a religious body ti»e tenets of -which declare the bearing of arms to be contrary to Divine revelation, but also requires a certificate from the appellant of his willingness to participate in non-combatant service, which includes service in the Medical Corps or Army Service Corps. In regard to "family shirkers" the regulations provide that an appeal from a reservist who has been called up under this section ehall not be determined until the man concerned has submitted himself to medical examination, and a report on his medical condition is in the hands of the Board. SOME INTERESTING POINTS. The regulations which promise to be of especial interest, however, are those providing for the admittance of counsel during the proceedings of the Board; giving the Minister of Defence power to issue certificates stating that the calling up of men in certain occupations is contrary to the public interest; and the one governing publicity. The last-named provides that appeals shall be heard in public unless the Board, giving due regard to the interests of the appellant and other persons concerned, considers that the whole or part of the hearing should be in private. Obviously there is likely to be widespread complaint if the latter regulation is interpreted in such a manner that one man may be subjected to public ridicule and criticism and the other have his appeal conducted privately, unless the distinction is made purely on the ground of public interest or military exigency. IF LAWYERS PLEAD. Interesting possibilities are suggested by the establishment of the principle of allowing counsel or other persons to appear as pleader for the appellant. The regulation appears to be open to two objections, namely, tbe prolongation of the proceedings of the Board to such an extent as to threaten the military intereste of the country, and, secondly, the fact that the objector with the me&ne to employ skilled counsel would appear to stand a much better chance of sustaining his appeal than would the poorer, and probably uneducated appellant who hazarded the conduct of hie own appeal. Recent examples of the ponderous workings of the legal machine euggeet the query. If it takea forty-nine days to seal the doom of Eva, how long will it take to fill one reinforcement draft? - LAW SOCIETY PRESIDENT'S VIEW. The decision' to admit counsel was discussed by Mr R. McVeagh, the president of the Auckland Law Society, with an "Auckland Star" reporter to-day: Dealing with the possibility of the proceedings becoming prolonged and of the appellant represented by counsel having a better chance of exemption than others, Mr McVeagh pointed out that the Military Service Boards would not proceed on fixed and settled principles wihch governed courts of law. To plead in the courts a. man required prolonged training in legal principles, but in the case of a new tribunal, such as the Military Service Boards, there were no ascertained and settled principles, and each case had to be determined on its own particular circumstances. "The firet and paramount consideration was tbe needs of the Empire, and subordinated to that would be tbe question of private hardship. Of course, there would be many instances of appeal on the ground of occupation in a staple industry, and the Board would have to consider how far exemptions could be granted in order to maintain our export of primary products. In such cases as he had mentioned it was hardly to be expected that much assistance would be derived from the pleading of counsel learned in the law. "But is it not obvious that counsel trained in the presentation of pleas would more effectively plead than an uneducated workman?" ask- the' pressman. . ■

"I doubt it," replied the Lew Society president. "In any case, the regulations make provision for any man who feels himself unable to conduct his own appeal to seek the help of any friend who may be more competent. Looking at it from a purely professional point of view, I do not attach very much importance to the regulation. It was probably introduced to remove all possibility of a suggestion of hardship, but I do not think that counsel's services will be availed of very freely in these proceedings, or that they will lead to any delay. The Military Service Boards wiir P robably be found to be able to proceed with "their work with the utmost despatch/ HEARINGS IN CAMERA.

Alluding to the regulation empowering the Boards to conduct all or part of a hearing privately, Mr McVeagh agreed that it was always a very dangerous principle "to allow public justice to be dispensed privately, and deflection from pubhttty was only to be allowed in cases of pressing necessity. Possibly the object of thstt regulation was to prevent the divulging of information which would be of use to the enemy, and the power given of dosing the doors would, no doubt, be exercised by reference to that principle. That appeared to him to be the only justification for the Court Bitting in camera. The English common law had always been very jealous of this safeguard, and only two or three years ago the House of Lords asserted the principle that cues could not be heard