DEFENCE TEST CASE.

Colonist, Volume LIV, Issue 13382, 3 April 1912, Page 6

DEFENCE TEST CASE.

2NON-ATTEXDANCE AT ARTILLERY

CAMP

[United Pbkss Association.]

Wellington, April 2

Mr. Hiddell, S.M.. delivered judgment to-day in the cases of Victor Furness and Frank ALurphy, who wore proceeded against by the Defence Department for failing to attend tho recent Garrison Artillery camp. At the first hearing the question of jurisdiction was raised on the ground that tho alJogo} offences wore such as should be dealt with by tho Defence authorities under their own regulations appearing in the Kew Zealand Gazette of May, 1911.

His Worship considered that as all Territorials were subjected to the n.ili-tai-y law, and as there were regulations in force which gave ample and special power to the military authorities to deal in detail with breaches ot: discipline, proceedings against .offenders for such breaches should be taken under the regulations, ami not under section •51. of the Defence Act. Further, as personal service varied in character, and spread over an annual period, each defendant should at least havo: had an opportunity afforded him during each training year of. rendering the required service within that year.

Costs wero applied for on the ground that the case was one of considerable importance, but His Worship refused the application, because the case was a test one.