The Ministerfor Defence:

When the 5th Australian Commonwealth Horse were enlisted in April 1902, it was stated in General and District Orders that-

The term of engagement is for one year, or, if the war lasts longer, until the conclusion of the war.

The attestation form contained the following question:

Are you willing to serve for a period of 12 months, or for the duration of the war, in the Contingent for service in South Africa with His Majesty's forces?

The attestation also contained a declaration by the soldier that-

I have no claim on the Commonwealth Government, and that I do not expect to receive for myself, or any of my relations, any compensation whatsoever from the Commonwealth Government in case of my disablement or death.

Enrolment commenced on 18 April. Before the Battalion reached South Africa peace had been declared. They embarked for Sydney, and were discharged and paid up to 9 August, a period of 114 days only.

A claim for a year's pay was disallowed by the General Officer Commanding. The members of the Battalion petitioned Lord Roberts for consideration of the claim, but were informed that as they were enlisted under conditions framed by the Australian Government, it was beyond his power to interfere.

They then petitioned the Minister for Defence, who now refers the matter to me for advice.

In my opinion the claim cannot be sustained. Apart from the fact that the soldiers in the attestation acknowledged that they had no claim against the Commonwealth it is quite clear that their agreement for service is contained in the attestation, under which they engage to serve 'for a period of 12 months, or for the duration of the war'.

Moreover, even if the attestation had followed the words of the General Orders, though it would have been an engagement by the men to serve for one year certain, it would not have been a contract by the Crown to continue the service for one year. The Crown has the power to discharge soldiers at any time before the expiration of their term of engagement.

[Vol. 3, p. 375]