EIRE NATIVES AND SERVICE

Evening Star, Issue 23908, 11 June 1941, Page 12

EIRE NATIVES AND SERVICE

ANOTHER BATCH OF APPEALS VARIOUS DECISIONS (P.A.) AUCKLAND, Juno 10. Tlio liability of natives of Eire to servo in tlio armed forces of tlio Dominion while resident in New Zealand was discussed at a bitting of the No. .1 Armed Forces Appeal Hoard to-day. when appeals on tlio ground that they were not British subjects and on conscientious grounds were heard in respect of 13 reservists. The appellants were: William Coleman, a carpenter; Denis Whooley, a labourer; Patrick Joseph Whooley, a labourer; Thomas Scanned, a labourer; Michael Whooley, a chamber hand; Michael Lafferty, a bricklayer; James Thomas M'Donnell, a carpenter; Joseph M‘Namara, a labourer; Michael John fjuby, a farm labourer; Patrick Egan, a labourer; Patrick Joseph Lynch, a porter-barman; George O’Connor, a labourer; and William Rcidy, a barman. Air Robinson and Mr.Ongley. ol Wellington, appeared for the appellants, and Air Cox was the Crown representative. Air Ouglov' said that with the authority of the Government ho had written to the Prime Alinister of Eire asking for a direction regarding men in the position of the appellants. No reply had been received. He had hoped that there would be a conference among the authorities to have a principle laid down. Some of the men had asked to be allowed to return to Eire, and others had offered to do non-combatant work in New Zealand. “ We do not think the regulations contemplated cases of this kind when they were drawn,” Afr Ougly said “ If the appeals are dismissed the onus of saying what is to become of these men will be thrown upon the Government, and that may load to a very undesirable position. We are then y iug to be faced with the fact that we arc conscripting unwilling Irishmen.” The Chairman said that what happened to the men after the appeals were heard was a matter for the Government and the Army authorities. Ho could not imagine them being forced into the Army against their will. The board would bear the evidence and consider what attitude it would take afterwards. Lafferty said he came to New Zealand in 1939 under a Government contract guaranteeing him two years’ employment. He found that the Government did not live up to its obligations, and asked permission to return to Eire. He was informed that as there was a war on ho was a British subject and must remain here. The Chairman said the obligation was on the appellant to satisfy the Director of National Service that he was not entitled to serve on the grounds of residential status. “ I think the appellant has a case, and the appeal will be adjourned sine die and submitted to the director.” A similar decision was given in M'Donnell’s case, which was also based on residential status. Evidence was given in connection with, the conscientious objections of the appellants. Thomas Scanned said he was 45 years of age. “I had_ experiences with tlio Black and Tans_ in the trouble in Ireland,” he continued, “ and Was imprisoned without a trial and got my release through hunger-striking. I was captured on another occasion, but escaped. I saw the burning of homes and the destruction of property.” Those experiences were the reason why he would not bear arms, not even in the defence of Ireland. Evidence was also given by the other appellants. M'Donnell, M'Namara, Luby, and Egan said they would not fight for Ireland. The three Whooley brothers and O’Connor said they would only fight for Ireland if it was attacked. The appeals of Scanned, Lafferty, M'Donnell, Luby, Egan, and M'Namara wore allowed on conscientious grounds. Those of the Whooleys, O’Connor, and Reidy were dismissed. The cases of Coleman and Lynch were adjourned to allow them to give evidence.