MILITARY SERVICE

New Zealand Times, Volume XLII, Issue 9614, 21 March 1917, Page 7

MILITARY SERVICE

SHOULD PRIESTS BE EXEMPT? ARGUMENT BEFORE MILITARY SERVICE BOARD. MR CONSIDINE SPEAKS- . Considerable argument “around it and about” was heard by the Military Service Board yesterday, the point in dispute being whether the Defence ■Minister or the board has the final power of exemption in the case of priests; The argument arose over an appeal by Archbishop O'Shea, for whom Mr H. F. O’Leary appeared, for the exemption of Patrick Fay, a Catholic priest, of Greenmeadows College. Napier. Mr O’Leary asked if a certificate had been received from the Minister recommending that- Fay be exempted. . j. Tlie chairman replied that the certificate had been received. Mr O’Leary said he desired to submit that the board, having received a certificate from the -Minister to the effect that the calling-up of the appellant would he contrary to the public interest, unless there were evidence to the contrary, should allow the appeal under regulation 9, which states that the hoard shall, “unless it sees good reason to tli© accept such certificate.”

THE BOARD’S POLICY. The chairman: “The position we take up is this: it is our duty to investigate each case which conies before us, irrespective of the Minister’s certificatc. In that way, and in that way only, can we find out if there is any good reason why the certificate should he accepted or not.” A SCRAP OF PAPER.

Mr O’Leary said that regulation 9 was mandatory an< i the board, must accept the certificate unless there was good reason for tofusing to do so. He | submitted that appellant, having provided a certificate'from the Minister, the onus, on him'was discharged, and the onus was on the board to show that, notwithstanding the certificate, there was good reason that the appellant should not be exempted. Such reason must ho stated in evidence before the tribunal. The hoard must not act merely on. the opinion of individual members that the calling-up of a reservist with a Ministerial - cGrtifi’C3/tG was, or was not, against the public interest., -That was-■what had happened in the case of the priests whose appeals had been'already heard by the board. The hoard had decided, without having any evidence, that the calling up of those reservists was not contrary to - public interest* That nullified the regulation, and made the certificate a mere scrap of paper. Cabinet had never intended that the individual opinions of members of the board should he sot up against that of the Minister. The saving words, “if it (the hoard) sees good reason to the, contrary,” were intended for use -where a certificate had been obtained for a reservist on what perhaps was incomplete-.information. ■ - Captain Baldwin: “On what turned out to be, incorrect representations to the. Minister.” Mr O’Leary: “Exactly.’ . Captain Baldwin: “Do you suggest that the regulation gives the Ministerconcurrent jurisdiction with the board?” 1 Mr O’Leary: “Not necessarily.’ After further debate, during which the case of the priests whose appeals had been formerly heard, was mentioned, the chairman pointed out that these had been adjourned. . Captain Baldwin said that Mr O’Leary was arguing that something must be. .done..with the. priests. Mr O’Leary said that was so; the priests must/bo exempted unless there was evidence to show that they should not bo exempted. , WHO IS TO JUDGE?

Captain Baldwin asked who was to judge what was in the public interest. Mr O’Leary said the power to do so had been given by the regulation to the Minister. Captain Baldwin: “I don’t think the regulation says so, hut if it does, it is ultra vires.”

The chairman, referring to the eases of the theological students, said that the Archbishop had told the board that the students were not qualified to bury or marry, or to administer the Sacraments. The board had no wish to interfere with the ministrations of the Church. He thought it would be better to go on as , the board had been doing in these oases. • Mr O’Leary said he was only acting on his instructions. Captain Baldwin said that the only body with any jurisdiction, to decide on the question of public interest was the board. The Minister ‘was given certain powers by the regulation, but these were subject, to the jurisdiction of the hoard. Until a Final Appeal Board had been set up the board was the sole judge of the question. The chairman concurred with this view, and said that if anything else had been intended it would have been laid down in the regulations and the matter taken right out of the bands of the board.

A LAY CATHOLIC’S,VIEW. Mr Considine said that, as a Catholic member of the board, he desired to say he respected the ministers of all sects, because their lives were consecrated to the doing of good. Had they pursued other, avocations _ they might have amassed wealth- No one would expect that they should take the lives of their fellow-men. He approved of the recent recommendation that some should be attached to the medical branch- . He held that where soldiers were dying in thousands, fighting for the lives of the people and the liberty of the Empire, the clergy could do more good in alleviating the sufferings of the wounded and consoling the dying than by staying at home. If Christ were here to-day he would tell them to go and do that work. It was .a wrong impression Chat the board desired to conscript the clergy to make them fight. That fail not so.. MATTER SHELVED.

Mr O’Leary produced certificates to show that appellant was a priest, and was willing to serve as a chaplain, but that his withdrawal would be a hardship to the Catholic people.

The chairman said there seemed to be some inconsistency in the position. Appellant - was willing to serve as a chaplain, yet it was said that his withdrawal would be a hardship.

Mr O’Leary said that appellant

would not bo withdrawn for some considerable' time. When bo went 1000 Catholic soldiers would go with him. At present there were 14,000 Catholic soldiers at the front and eighteen Catholic chaplains. The board adjourned the case, without fixing a date, the appeal to bo again considered before the First Division is exhausted.