"SOLDIERS' GUIDE."

Northern Advocate, 20 September 1921, Page 5

"SOLDIERS' GUIDE."

NO USE AT LAW,

HOSPITAL MATERNITY CASE

A civil action heard at th 3 Whangarei Magistrate 's Court this morning before Mr F. H. Levien, S.M., was that of the Whangarei Hospital Board (Mr Harrison) in suit against R. C. Danes (Mr Carruth) for £17 4s maternity fees claimed for 'treatment of defendant's wife. Mr Carruth said that there was a claim for exemption under a clause in the "Soldiers' Guide," published by authority of the Defence Department. Tho Magistrate said that the Minister of Defence had no authority to make laws. The book was an epitome of privileges granted to soldiers, but was not 'backed by any statute and there was no obligation placed upon anyone to observe the clauses contained in the "Guide." No doubt cases might be considered gratuitously upon their merits by Hospital Boards, but it was. a matter of indulgence purely and simply, and he could not take any notice of the "Guide."

Mr Carruth held that a claim could be made; if not the book was not worth the paper it' was printed on.

Mr Levien >said he could not possibly be bound by authority which might emanate from the mind of a Crown Minister. The only redress apparent, if the Hospital Board obtained judgment, was for defendant to apply to the Minister and ask him to be as good as his word, given authoritativelv in the "Soldiers' Guide."

Mr Harrison said the board had no doubt about the case, which was not in the nature of a test. The ground was taken up that the privileges referred to lasted for only 12 months.

Mr Carruth said that the Government, in its impecunious extremity, seemed ready to repudiate its under* takings and. to Take in money from any source whatever. After perusing the statute bearing on the position the Magistrate said that the defendant appeared to have no claim under the law.

Mr Carruth held that there appeared to be a distinction drawn between the St. Helen's Hospital and public hospitals. He suggested, amid some laughter, that the Minister should be proceeded against for practising deception. Judgment was given for the plaintiff Board for the full amount claimed with cost^.