MARRIED UNDER 20

New Zealand Times, Volume XLII, Issue 9639, 20 April 1917, Page 7

MARRIED UNDER 20

IS HE A RESERVIST?

LEGAL ARGUMENT HEARD BY MILITARY SERVICE BOARD.

Legal argument. in a somewhat unusual case was submitted to the Second Wellington 'Military Service Board yesterday by Mr H. H. Cornish (solicitor), on behalf of a client who, though married before May, 1915, was under military age at the time of the passing of the Military Service Act.

Mr Cornish contended that the appellant was not a reservist of the hirst Division, The Act, ho pointed out, said, “The First Division consists of all .reservists who on tho passing of this Aot arc married men whose marriage took place subsequently to May Ist, 1915," The Act did not say “all men” who on tho passing of the Act were married men whose marriage took place subsequently to May Ist, 1013. It said, “all reservists.” Now, a reservist was a member of tho reserve. and the reserve consisted of “everv male natural-horn British subject who is for the time being of military age, etc.,” anq “military 1 age” meant “any age not less than 20 years.” The First Division Reserve was permanently fixed on August Ist. 1916, the date of the passing of the Act. After that time no names could oe added to it, except these that had been omitted by error—section 6 (3). On August Ist of last year tho Act correctly interpreted ran:—“The First Division consists of all men over 20 who have married since May Isrt, 1916, except such as have a child' under 16 years of age by a previous marriage.”

Appellant (argued counsel) came within none of these clauses. “All reservists, i.e., all men who on August Ist, 1916, are over 20, surely excluded a man who, on tne passing of the Aot was not yet 20. In other words, he was not a reservist. The Act fixes the time for determining who are First Division men. , That time is on the passing of this Act, i.e., on August Ist, 1916, The Aot does not say “all reservists who on August Ist were,” etc. It says, “all reservists who are,” etq., thereby virtually saying all who are yeaerviata now. Appellant does not [ come within that category, therefore he cannot be a member of the First Division. Ho may bo a reservist. He is certainly not a reservist of the First Division, “The inference, of course, is that the First Division is incapable of increase, and that its contents were fixed permanently on a ' certain date, after which they could not ho augmented. That is exactly my ! contention l . Whether or not tho Legislature intended this, is nqt for us to determine. We have the law before us as it has been written, and we must take the law as we find it. It would bo presumptuous in mo, and presumptuous only because it '.is' unnecessary, to assure the board that it must administer the daw as it is, not as it ought, ip. the board’s opinion, to he, ' Yet it is not unreasonable.,to. suppose that the Legislature meant ..to say what it did. The effect of my interpretation is simply to inflate the Second Division. Why should wo regard it' as absurd that the . Legislature, having created a. body of 80,000 men, of whom 30,000 would bo fit for service, rested content with their labours? By the constitution of the First Division enough soldiers for a full year were called into being. No doubt the Legislature hoped—possibly many of its members believed—that the war would be over -within] a year and if the war were not then over the Second Division provided .a large reservoir of manpower sufficient to maintain the drafts for another lengthy period: What is grqtejque in surmising that the Legislature intended all young fellows under age, and certainly all young married men under age, to bo given at least a year’s grace before being called on to gerve? I consifley it qs likely, as it would bo just, to give tho youngest the benefit of their youth for a. year, and to . call on them when older men without responsibilities, and bettor able by their greater maturity to withstand the rigours pf a campaign had been tested and tried out. Surely, the seasoned timber should be taken before the green saplings. “It is open to argument whether the appellant belongs to the Reserve at all, but I do not' intend, and the appellant himself docs not desire, to urge this point. Ho is well content to be placed in thp Second Division, and is quite willing when the call comes, like other married men, who married, who married • with no thought of evading military service, to answer the call and fall in.”

The case was adjourned for further consideration, jf