CO129-448 - Governor Sir May - 1918 [4-6] — Page 551

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a misione of dicatio. I meant

"former" HEB2|

I do not quite understand Sub-section 1(c). It is not clear whether the exception is in respect of all men in Holy Orders and such Ministers &c., as the Governor may exempt, or whether the words "as the Governor may exempt" governs all classes

of men referred to; the latter is, I think, the correct construction. It appears to me to place the Governor in an invidious position, and that it would have been much better to have left the exception absolute, as it is under our Acts; in which case the ordinary courts of the land decide, in case

of dispute, whether any particular person comes within the

exception. (It is a minister of a decommited denonciation)

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CL

Section 5. This section should, I imagine, contain

X same qualification as to residents as is to be found in

Section 6.

| I differ.

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as clearly refe

back to "Such"

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proper credentia fint hear it

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Section 6. I do not quite appreciate what is meant

by "certified as medically fit for enrolment in the Force "

The Force is supposed to be for service overseas, and it

would appear that "medically fit" would mean fit for general

service. The Attorney General says, in Para. 3, that it is

only intended at present to enroll persons who are fit for

general service, but if "medically fit means fit for general service, they would have no power to call up any one else.

If, however, "medically fit" means something more than medically fit for general service, then the question will not

be what the Government intend, but what the Tribunal orders.

(See Section 6 (2).)

Section 6.- Subsection (4). This sets out the grounds

of exemption, which are satisfactory, but I think it is a great pity that they omitted the ground of ill-health.

The

Attorney General, Para. 11, said that it was felt to be safer that the medical questions should remain entirely in the hands of the military authorities. If he had the knowledge which we all have of what the workings of some of the Medical Boards have been in this country, he would probably hold a

very different opinion..

The Tribunal all the for in Corral 6181 I will Dreide

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548

I think it is also a pity that under Sub-Section 6 an arbitrary limit of six months has been placed for exemp- tion in cases of domestic hardship. The necessity for

calling up a man who is in a position of exceptional hardship must vary must very from time to time according

to the numbers required, and I should have thought that

it should be left to the discretion of the Tribunal to

decide whether a man, in a case of real hardship, should be called up their decision being influenced no doubt

by the exigencies of the moment.

Sub-Section 8. gives the Tribunal the right to de-

cide whether a man is ordinarily resident in the colony or not; this, according to the principles adopted in this country, would not be within the Tribunal's sphere at all; it is here a matter for the courts, as are all questions of whether a man is within the Act as distinct

from whether, being within the Act, he should be exempted

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from serving; but from Section 13 it is clear that they intend their Tribunal to be a much more powerful body

than those which have been set up here.

? I doubt if any of the above criticisms are of

forribly some but tacprcádiumboldsbe

sufficient importance to press,

of them might

DAMAIRANDA Akuma be sent to the Governor for con-

sideration.

& 2 Sanction 17./4.GB.

4/4.GB. 09/18

The only matter afron which I need and avertime;

is section 11 and pases 5 ob of the Report.

I dealt with the question of the measoning of

the term "force"

Aring Act in an

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with sic 197 of the

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19486

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I think that the LO. Zabine; in faunes of

the prman of the fún las aplegacy an Asame, bet to aach was individually

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