Problem of Status of Reservist

Manawatu Times, Volume 66, Issue 209, 3 September 1941, Page 8

Problem of Status of Reservist

WIFE’S RECENT DEATH NEW PLYMOUTH, Aug. 31. Claiming an absence of express oi implied reference to the circumstances under review, counsel in the New Plymouth Court submitted that Charles **s’ a widower without children, was not a member of the first division of the General Reserve The defendant, who was charged with failure to apply for enrolment in the first division within 28 days of the gazetting of the proclamation, was manager at New Plymouth for McKendricK Bros.. Ltd.. Auckland, and that firm was charged with retaining his services for more than seven days after ms failure to apply for enrolment. Mr W. H. Woodward, S.M., reserved his decision. Hendl lost his wife on July 30. 1940. Senior-Sergeant C. M. Anniss exolain?a. Thus at the time of the proclamation. in August, 1940. calling on the nrst division (unmarried men) to register for service, he became eligible to be placed in that division. He was allowed 28 days in wb>'ch to register or until September 4, -but he did not ?-PDly for enrolment until June 6. 1941. It was clear that Hndl was a membe"f * he General Reserve when it was brought into being on June 18, 1940, aid Mr A. A. Bennett, defending councl. but on June 24, 1940. the reserve •vas classified bv regulation into three divisions. Hendl was a married man 'etween June 18 and 24. his wife being alive, and thus was a member of the ~econd division. The question for the court was whether, without clear language to hat effect, the status of a second divi:on reservist was changed merely by he death of his wife. The only way n which that could possibly be inured was through the use of the vords “for the time being,” which ualified the varipus categories of re'rvists in the first division. Counse 1 'nintained that, this being a penal latute, -before any change of status ould be effected the relevant regulaion must be precise and definite in ts language. Apart from the words ‘ for the time being” nowhere did the regulations purport to change the status of a reservist once he had beer classified, and on June 24, 1940. Henc , >vas classified as a married man. There was no intention either by th •mployer or by the man to evade th aw, counsel said, in pointing out the t was Hendl’s voluntary act in enroling in the first division in June lc t •hat had resulted in the present proceedings.