MILITARY DEFAULTERS.

New Zealand Herald, Volume LXVI, Issue 20309, 17 July 1929, Page 12

MILITARY DEFAULTERS.

TWO DIVINITY STUDENTS.

COURT PENALTIES TO STAND

DECISION OF THE CABINET,

PROPOSAL TO AMEND LAW

fIJY TELEGUAPH. —SPECIAL UEPOUTEIt. ]

WELL!N'GT(>N. Tuesday

Tho Cabinet has declined to rc-erso the magisterial decisions in the cases of tho two Presbyterian divinity students, A. M. Richards and A Miller, of Auckland, ■who wero recently fined £5 eacn and deprived of their civil rights for ten years for failure to attend military drill I he. Cabinet has decided, however, that the law should be amended to enable divinity students to obtain exemption from military training. This information was conveyed !>> the House of Representatives to-day by the. Prime Minister, Sir Joseph Ward. He stated that a few days ago the Leader of the Labour Party, Mr. II E. Holland, liad headed a deputation to him with a request that the sentences passed on the two young men should be remitted. "I have since had an opportunity of conferring with my colleagues on tho matter," tho Prime Minister added. "I regret it is not possible to reverse tho decision of tho magistrate's. (Reform voices, "Hear, hear.") Decisions of magistrates are made in a Court of law, and according to the Act under which they are exercising their rights. A reversal could only take place in a Court of law. As a result of the discussion of tho matter we have decided to amend the law exempting divinity students who apply for it from military training." (Labour voices, "Ileal - , hear.") Mr. A. Harris (Waitemata): You will wreck tho wholo defence system. The Prime Minister: No, we won't. Thero are other religious bodies in New Zealand exempted altogether—three of them, fn tho Presbyterian Church there

is na unanimous opinion on tho law as it stands, although, a large section holds the opinion that power should exist for divinity students who are training for the ministry to havo the opportunity of applying to the Court from time to time for exemption from serving in a military capacity. A Reform Member: Oh, shirkers. Mr. W. E. Parry (Auckland Central): You kept a respectable distance out of it. Air. Speaker: Oi der! Order! Tho Prime Minis'er: It is for those •who apply only. Mr. Holland: Will Miller's wages still be "garnisheed ?" Tho Prime Minister: Whatever the decision of the Court, it raust be settled by tho Court.

HISTORY OF TIIE CASES.

ALTERNATIVE SERVICE.

REJECTION BY THE DEFENDANTS

The statement by the Prime Minister is the latest development in the cases of objectors to military training which hare been before the Police Court at

intervals in tho past two years. Public attention has gradually focussed on the case of Alan Morgan Richards and Alex ander Miller, two young divinity students for the Presbyterian ministry, both of whom have more than once refused to perform military training and havo been fined in consequence. Until the last occasion the fines were paid, Richards having been before the Court in May and September of 1927, in April of 1928 and on June 12 last, Miller being also charged on tho last two occasions. The two youths, when before tho Court on Juno 12, were offered as an alternative to military training the option of attending at the public hospital for two weeks in each year as orderlies in tho wards. Three Seventh Day Advcntist youths who appeared on tho same day accepted the option and were granted exemption, but Richards and Miller refused, and were fined £5 each and deprived of civil rights for 10 years. Their refusal to pay tho fines caused warrants for committal to prison to be issued against them, but execution of the warrants was stayed pending an appeal on their behalf to the Minister of Justice, Hon. T. M. Wilford, by a deputation of Presbyterian ministers. The deputation met Mr. Wilford last "Wednesday and tho Minister declined to interfere, declaring tho law must take its course. "I fell you definitely, gentlemen, I will do nothing in these cases," he said. "If these young men are wise they will pay the fine. If not they must take tho alternative." Mr. Wilford also quoted cvidcnco tending to show that Richards', objections were based on political rather than religious motives. Ho added that three magistrates, Messrs. F. K. Hunt, E. C. Culten and 11. McKean, had on separate occasions decided tho youths were not conscientiously objecting and concluded that ho was taking stops to have gazetted forms of alternative service.

Tho matter was taken a further stage last- Friday when members of the Labour Party interviewed the Prirno Minister. He intimated that the Cabinet would review the matter at its next meeting. Mr. W. J. Jordan suggested it would have been better if the deputation had gone to Sir Joseph in tho first place, Mr. If. E. Holland interpolating that it had been a mistake not to have done so. Iho I rime Minister agreed and promised to bring the case before the Cabinet. Ihe decision is as given above. For non-payment of their fines Richards and Miller are liable to two weeks imprisonment. Meanwhile, an attachment order has been issued against Miller's employers for tho payment into Court of 15s a week until tho fine and costs, amounting to £6 3s, have been paid.