NO S.A. COMPROMISE.

Horowhenua Chronicle, 31 January 1929, Page 7

NO S.A. COMPROMISE.

PROCEDURE UNDER 1904 DEED POLL. QUESTION OF BOOTH’S FITNESS. Received Wednesday, 7 p.m. LONDON, Jan. 29. At the resumption of General Booth’s application for an injunction restraining the High Council from acting on its resolution to depose General Booth, Mr. Greene, K.C., stated on behalf of the General that he regretted the parties had failed to reach an amic able solution.

■ The position was that certain members of the Army desired to effect a radical change in the constitution, which General Booth felt should be defended, thinking it an attack on what the founder had laid down.

Mr. Simmonds, K.G., protested on behalf of the High Council, stating that there was nothing in the evidence to support such a suggestion. Mr. Greene replied that the General had raised points which must sooner or later be decided. They were: (1) The position of the 1904 deed poll, under which the General might bo deprived of office. (2) The procedure under the deed.

Mr. Green asked that the status quo be preserved till the matters in dispute were determined.

Mr. Vaisey, for General Booth, said it was contended that the Council had adjudicated on the General’s unfitness in terms of the modified deed of 190-1, under which the General could be expelled if ho were found to be a lunatic, ®r if four-fifths of the commissioners were satisfied he was permanently incapacitated for his duties by mental infirmity. In that event, the vacating General’s right of appointing his successor became void, but a vital clause provided that > once the General was elected, his election could not be invalidated by any flaw in the summoning of, the constitution of, or the proceedings of the High Council, or any other error.

Mr. Vaisey read a medical certificate to show that there was no question of mental incapacitation.

Mr. Simmonds read Commissioner Hurren’s affidavit. Not till now was the validity of the 1904 deed poll questioned. Further, General Booth since May of,last year, had been unable to carry out one-tenth of his duties. The affidavit on behalf of the Council stated that even if General Booth fulfilled the doctors’ expectations, ho would bo unable to carry the strain of the Generalship. Mr, Vaisey read a counter-vailing ccrtificatp that General Booth would bo fit for/his duties in six months. Mr. Greene emphasised the Council's omission to state the ground of General Booth’s unfitness. The case was adjourned.