THE VOLUNTEER REGULATIONS

Otago Witness, Issue 2572, 8 July 1903, Page 41

THE VOLUNTEER REGULATIONS

A MATTER OF IMPORTANCE.

The isme of a distress wan ant by Mr E. I-I. Carew, S.M., agaiu.-t Robert llosr^, formwly of the Dur.edin Highland Rifles, he having not paid certain fines imposed for non-.attei:danoo at certa.n paiade", opc-ns up a maWe-r of importance not only to Volunteers but to employer: a s well, and also the question of a qiu-ii-military law sotting aside the u-ual ciwl law which protects ordinary citizens. We gave an outline of the cna& when proceedings were takeai in April last, but in ordrr ti at the posit.on may be uuderst-cod a tummajy of thp steps taken is necessary. Robert Hogg was a member of th.-v ~D\ineain Highland Rifles last year, but, finding that the dp-man'L made upon him by his ordinary avocation prevented his gning the necessary time and attention to vohinteciing tnaiters, he notified Cap' a n Stoneham of that fact. To tiws Captain Sloneha.ni replied tbai he most make himseif (efficient, so as to earn capitation for tho corps. Towards the end of the year Hogg found it was not possible to attend parades without interfering with the interests of his employers and his own prospects, and informed his superior ofiioer of his ini-emt'on of rPsi(?mnß?. He wa.s informed it was not possible- to accept hii resigai" tiou then, and that if ho wa.s not jiresent at certain, p-.-ra.dos fin s would be imposed. Hogi? thoreupen resigned and sent in hisvarms and accoutrements to the Defence Oifios, aho infon-mirg the authorities tihaA he oould not be present at jxirades and would not pay any fines. His arms a«d accoutrements were distnbubed amongst Uie corps, and, Hogg states, his l-esignation had the effect of stopping Hi© usual parade notices, though th-e secretary to the company states they were sent out to Kogir as usual. Proviouo to the encampment of tho battalion at Kew, Hogg received notice that he would bo required to attend certain parades and to complete the musketry course by going through th.3 volley firing. Tin-, he did not i\o, and was fii o:l £2 10s in all for &b«<">.iu» from th«*se parades. Ko rcprcsentrd the m-sifcor to Colonel Robin, wlio confirmed tho imposition of tl-p fines Tho cn-nmandin-r officer, in accordance w.*h rryiil-a-won cp-rtified to the cltrk cf the Mu^i^tratp\ Court that the fines were unpaid. a.nd this procedure makes the fina recoverable, jn thesame manner as upon a conviction under th© Justicea of the Peace Act. Hogg then sprvod nctico on Captain. Sltoiiehajn and Mr Ci"-^w, S.M. that if sftmn w<=ro taken proc-ppd'.n;*-, would be. institutotl in the Supreme Comt to ronlrain tho bfiie'i froiu issuing a warrant on the onlr-rs lmjxisin^r the finfto. Th© question wa, then brought lwfore Mr Carew in his own room, Mr Him pppoarinjr for the Dpfpnop. Office and Mr Solomon for Hogg. It was po lv'cd out that as the battalion in camp was under the command of Lieutenint-colon."' Rmitli ho alone could inflict th.-* fincis, and C"r>t«in Ston«ham, who was only m coiiuna.nd of the company, had no power to do To avoid a nonsuit on this point the- piorcot'ircr.s wpr^ abandoned and commenced do novo. and two fines were imposed by Li' ulenai.it colonel Smith, wlto wa-s in command of tlip- camp. Hogg again appealed to Colonc-l Rol m. v.ho confirm od .the order, and, a. ceifcificafe being lodged in the Magistrate's Court, the question came before Mr Carew, S M , who has issued a warrant, and upon that thp. distress warrant was is?wd. Regulation 4-7 r/f the Defence Act of 18 r 6 -orovid^s that when a Volunteer ha.s bnr-n tVcmed, by the offifcr coiiimantHng the- battalion or rorps m wliiili suoh Volunteer has ben enrolled, guilty of neglect-ing or rr-fu-ing to attend any pai-ac!o. •nspection, etc., or of a'b-e-itmjr hnn>df from any parade, inppef-ti(,n, ftr . <■!'( h commanding officer may order s'lt 1) Vohint«r to pay a fine not exc^edimr £1 for e;uh effonce. Section 4£ g-ive power of apppal to the officer commanding the thtnet. wlo may ca.ncel or reduce the fine, or, if lip is of opinion that insufficient punishment has been inflicted, or the appeal is frivolous or vf-vatioiw, he may increase the fine to £2, or dismiss the Volunteer from the for-v.

For personating a doctor by way of a joke, a waiter named Kaezemcikat ha"* jnjt 1m- "n sentenced to three monClis' imprisonment at Stettin, Germany. Under the influence of drink, Kaczemeikat entered the room of a sculptor who was dying of oonnimption, introduced himself as the district doctor, " examined " him and " took his tempera ture," not with a thermometer, but with a penknife. The joke oame to light on the arrival of tli» real doctor. The sculptor died, but It could not be proved tluit Kaczemeikat's proceedings had liastened his death, otherwise the sentence would have been more severe.