ALLEGED SEDITION

Otago Daily Times, Issue 16965, 29 March 1917, Page 5

ALLEGED SEDITION

APPEALS AGAINST CONVICTIONS. DECISION RESERVED. (£%% Umitbd Pness Association.! WELLINGTON, March 28. In opening his argument on behalf of the Crown in the sedition appeals, tho Solicitorgeneral said it was contended that "Tho Military Service Act, 1916," was ultra vires and void on the ground th=\t it was not •within the scope of Parliament to enact a measure providing for compulsory service abroad, but he contended that, apart from tho question of the validity of that Act, there was sufficient seditious tendency in tho utterances to support the convictions. Tho only reference to the Aot in tho regulations was paragraph (k) of regulation 4, and if _ that paragraph was struck out the remaining regulations were good. Dealing with the question of the validity of "Tho Military Service Act, 1910," he said tho Crown relied upon section 177 of "Tho Imperial Army Act, 1881," which gave power to colonial Legislatures to pass Acts to send troops abroad. He contended, however, that, apart from that section, the Constitution Act gave ample power to pass the Act. He referred to the eases of tho Attorney-general' of Canada v. Cain and the Australian case of Faroy v. Burveit in support of his contention. Dealing further ■with the objection to the validity of the regulations, ho said that although the regulations referred to matters outside New Zealand, they did not make an act dono abroad an offence, and were'therefore within the competency of tho Legislature. In conclusion, he said there was ample evidence to support the convictions. All tho court had to consider was whether there was any evidence upon which a magistrate could have convicted.

Mr Hutchison briefly replied. Tho court reserved its decision, and adjourned till 10.30 a_m. to-morrow.