TERRITORIAL OFFICERS.

Auckland Star, Volume XLIX, Issue 167, 15 July 1918, Page 3

TERRITORIAL OFFICERS.

QUESTION OF EANS , A TEST CASE. (By Telegraph.—Own Correspondent.) WELLINGTON, Sunday. The position of territorial officers who go into camp as sergeants wae argued yesterday in the Supreme Court before the Chief Justice and Mr Justice Chapman and Mr. Justice Hosking. The Solicitor-General, Sir John Salmond, appeared for the Crown, and Messrs. M. Myers and T. Neave for Morris. Cyril Ruseell Morris said he was an officer in the reserve of officers, ~6th Manawatu Mounted Rifles, holding rank as a lieutenant. He had teen an officer of the Defence Forcee for 17 years. He ■served with the Eighth Contingent in South Africa, and "since the outbreak of the present war had been desirous of serving abroad with the New Zealand Forces. A milnber of officers, including himself, had enlisted, and had served at Trentham as officers, but subsequently were informed that, owing to a surplus of officers, they were required to continue service without commissioned rank. He claimed to be entitled to rank ac an officer under the Expeditionary Forces Act, 1915, and the Military Service Act, 1910, and also asked the Court the'right of an officer who has enlisted voluntarily, after the passing of the Milij»i;y. Service Act, to retain rank as a commissioned officer in the- Expeditionary Force, and the right of such an officer, who has not enlisted voluntarily, but who has been called up eotnpulsorily, to retain his rank, and to define whether such an officer can be required lawfully to 6erve in the Now Zealand Expeditionary Force otherwise than as a cpmmiseioned officer. Sir John Salmond 6«id the proceedings had cotne before the Court by the consent of the Crown, which thought it advisable to allow the officers to obtain a judicial decision on their position. Mr. Justice Hosking: Suppose -we 3ecide in favour of the applicant, may we not interfere seriously with discipline and with the progress of the war, because it may then be necessary for the Government to pase a regulation immediately after the sitting of the Court to upset the Court's decision? Sir John Salmond caW these men had been informed by the Defence Department that there "was no rotJm for them as officers, but they said they did not care whether they wfrc wanted or not, or whether the men who had seen service had a better claim. They claimed that, by the letter of the law, they were entitled to go into the forces as commissioned officers. Efficiency was nothing, priority was nothing. They etood by the law. He submitted that they were not entitled to go into the Expeditionary Force in any other capacity than that which the Defence authorities thought they were fit for. He admitted that there might bo anomalies if there ■were no discretion, or judonuent, or sense on the part of the Defence authorities, but submitted that it would be more anomalous to allow untrained or partially trained territorial officers to march down to Trentham camp and claim to have the risrht to be officers of the Expeditionary Force. The Court rcs6rvcd its decision.