MILITARY SERVICE ACT.

Hawera & Normanby Star, Volume LXXII, Issue LXXII, 21 December 1916, Page 4

MILITARY SERVICE ACT.

APPEAX BOARD SITTING

Upon resuming after the luncheon adjournment yesterday, the chairman announced that the Board omitted, in regard to its decision concerning the , appeal of Frank O'Reilly, to state thao its decision was in the appeal under section 35, and not in relation to the appeal under the ballot, which, was really not before the Board. Thomas John Walsh, dairy farmer, Kapuni, appealed on the ground of occupation and undue hardship! The Medical Board reported him to be fit. William Walsh, farm hand., Kapuni, appealed on the ground of occupation and undue hardship. The Medical Board reported him to be fit. Mr K. D. Welsh appeared for the appellants. He said that the appellants were the only two boys in the family. William, who was aged 22, lived with' his undo, Mr Thomas Walsh, at Kapuni, where Mr Walsh senr. owned'and occupied a farm. The uncle was 60 years of age and was unable to do any hard work, and the farm was carried on by the young .man William. Adjoining this farm there was another owned by the uncle, which he had leased to the elder appellant, Thomas, aged 28. This was a bona fide lease, and he could assure the Bpard that the boys were not shirkers and were anxious to serve their country. Counsel suggested that- a fanway out of the difficulty would be for the elder of the two appellants to go into camp at the end of February, after the flush of the harvesting season, leaving the other brother at home to assist his uncle, and also to take his chance in the ballot subsequently. If both appellants had to go into camp it would be a bad tiling for the farms. Captain Walker said he was atneeahle to Mr Welsh's suggestion, only that the elder appellant should go into camp at the end of January. The Board decided that Thomas's appeal be dismissed, Captain Walker undertaking to give the appellant leave until January 31; the appeal of William would be adjourned sine die. ' Desmond Leydon, dairy farmer,! Wayerley, appealed on the ground that he is not a reservist, being under age. j Gerald Leydon, dairy farmer, Waver- j ley, appealed on several grounds, one' being that all his brothers in the first division are unfit for feervice. Appellant was reported by the Medical Board to be fit. Mr ODea, who appeared for the appellants, said that Desmond was not 20 when ho -received his notice under section 35. Desmond Leydon said he was not sure of the date of his birth, and that the certificate of birth was at Wanganui. The chairman said it would be necessary to obtain this certificate. Mr ODea said the appellant, Gerald, was quite prepared to go into camp if he could help his parents,. who were aged people, through the milking season The chairman said that Gerald's appeal would be dismissed, Captain Waiker undertaking t o get him leave l ' until-the end of February, while the appeal of Desmond would be adjourned sine die. Frederick Courtnay Edgecombe, farmer, Ngutuwera, appealed on the ground of occupation, undue hardship and religious objection, Appellant for-- « warded religious objector's undertaking. i Arthur George Edgecombe, farmer, Matukura, appealed on the ground of religious objections, .and he forwarded religious objector's undertaking. 'Thomas Henry Edgecombe, farmer Ngutuwera, appealed on the ground of occupation, undue hardship and religious objections. Appellant forward- . Ed religious objectors' undertaking. \ Mr G. Ryan,' who appeared for the nrst two appellants, said the appellants applied for exemption on the ground-of conscientious objections. The appellants were members of a religious I body, who, styled themselves "The Brethren," whose ;doctrines prohibited the members from bearing arms. The appellants had belonged to this sect since 1901. In addition to the doctrine prohibiting the appellants from bearing arms, appellants had personal conscientious objections to bearing arms. Frederick Courtnay Edgecombe said • in evidence that he was a sheep and cattle farmer. Appellant belonged to the Brethren for 15 years, and considered he was a faithful member of the body. The teachings of the Brethren prohibited the members bearing arms; this had always been the teaching of this* religious body. Appellant had also personal conscientious objections to bearing arms. Mr Ryan: You believe the bearing of arms to be'unlawful?—it'may not :be unlawful, but it is against my conscience to bear arms. You hare not adopted this religion for the purpose of evading service?—

Appellant further stated that itwould not be in the public interest for him to be called up. Appellant and his married brother, Thomas Henry, owned the farm conjointly, and appellants would find it-hard to get isomeone to manage the farm if they were called up.

; Mr_ Ryan: Your main ground of appeal is personal religious objection?— Yes.

Captain Walker: I take it that oh account of your religious objection you have never seriously thought of offering yourself- to your country?-rYes, that is so. In other words, you expect other people to fight for you and protect your land?— That rests with their own conscience. . What would be the position if the Germans came and took your property? —I would have to go out-. And I would go out without killing. Would you give them asphyxiating gas?— No. What then is the limit to which you would be prepared to go in protecting your land ?—They are not here. Mr McLaren: If everybody was of \ the same opinion as you they would coon be here.—Not if the Germans are of the same opinion. ; Captain Walker: I can assure you they are not of that opinion. Would you allow the Germans to illtreat and violate your mother and sisters the same as they had done in Belgium?—l don't know. * The chairman: Oh! yes you do. Appellant, under further crossexamination, stated that his religion did not preach war. The chairman referred appellant to passages in the Bible which dealt wilh creating armies for war. The chairman asked the appellant if he would stand by and allow the Germans to violate his mother and sisters. Appellant: Of course I would not. The chairman: Of course you would not; I am glad to hear you say so. In . reply to questions by Mr McLaren, appellant said he did not know that members of the Brethren, had gone to the war as soldiers. He did not remember his religious body ever making a public declaration against the passing of the Compulsory Military Training Act and the Military Service Act. Appellant admitted that some members of the Brethren had not any objection to bearing arms. Mr McLaren: Does your conscience object to others bearing' arms for you? —That is their own conscience. The chairman: In other words, you don't object to them fighting for you find protecting your property?—l don't ' object to tliem doing that.

Appellant, in the course of further examination, said he would not object to serving in the non-combatant section.

iflomas Henry Edgecombe gave evidence objecting, on religious grounds,, to serve.

Mr Ryan said that Captain Walker and he had agreed "that Fred Edgecombe should go into camp after the New Year, and that Thomas Henry's appeal be adjourned sine die. The Board agreed to this course and dismissed the appeal of Fred Jidgecombe. Thomas would have to tajs© his chance in the ballot.

Arthur George Edgecombe also gave evidence in support of his appeal on religious grounds. Appellant admitted, that he would shoot the Germans if he saw them violating his mother and sister or children. But he desired tobe excused from bearing arms as hehad no wish to take life, which was. against his principles and "the teaching of the Word of God.

The Board held that the appellant, had not siibstantiated his appeal. which was dismissed. With reference to the appeal of Joseph John Pickering, dairy farjner, who appealed on the ground* of being permanently unfit, Mr ODea, who apPr 6are? I°^ } he aPPeJlant, said that: Joseph had been passed medically fit. His other brother George had arranged; Zg ? +W eTac T am P 1U March if it was. found that Joseph was unfit, but the position had now been altered Ha suggested that Joseph should so into> camp at the end tf January, del his brother was, left to carry on thefarm m the meanwhile. The Board dismissed the appeal ofJoseph^Captam Walker undertakin«to get mm leave until January df Ihe appeal of George was adjourned: sine die. •

The ap^e?l of Louis Schreider, dairy farmer, Inglewood, which was on the* ground of undue hardship, was adjourned until April 30. Mr. ODea who appeared for J:he appellant i married man, pointed out that'the appellant was farming on his own account m a small way. and that it was; exceedingly difficult for him to get away owing to special circumstances inhis case.

The Board were sympathetic and? granted an adjournment as' stated.

The Board rose at 5 o'clock