ARMED FORCES APPEAL BOARD

Press, Volume LXXVII, Issue 23248, 7 February 1941, Page 10

ARMED FORCES APPEAL BOARD

SITTING CONTINUED IN CHRISTCHURCH SIXTEEN CASES HEARD YESTERDAY Further progress was made yesterday by the Armed Forces Appeal Board in the hearing of appeals on behalf of recruits called up in the ballot for overseas service. Sixteen appeals were heard during the day, and decisions were given in all but two cases. The board comprised; Mr F. F. Reid, S.M. (chairman), Mr G. M. Hall, and Mr A, H. McKane. Mr W- F. Tracy represented the Crown. Albert Thomas Edwards, butcher, wrote asking leave to withdrawhis appeal, which was based on the grounds of conscientious objection. Leave was granted. 'there was no appearance of John Edward Lundy, storeman, whose appeal was based on the grounds of conscientious objection. The appeal was struck out. Terence Patrick Daly, a porter employed by the Railways Department at Little River, appealed on tne grounds of public interest and undue hardsnip. Tne chairman said he had received a letter irom tne General Manager of Railways stating that the department had not requested exemption for the appellant and he would be released for service when called. As the appellant, had no other submissions to put forward on the grounds of public interest, the chairman said, the appeal on that ground would be dismissed. On the ground of undue hardship appellant said he had been married in June, 1940. and his wife was not in good health. The appeal was dismissed. An appeal by Mary Harper on behalf of Herbert Edward Harper, was struck'out because of the non-appear-ance of either appellant. Adjourned Sine Die Leslie Henry Mcllwraith, farmer (Mr A. J. Malley), appealed on the grounds of public interest and undue hardship. He said he ran a farm at West Melton, where he was the sole support of elderly parents. The appeal on the ground of undue hardship was dismissed. On the ground of public interest, the appeal was adjournea sine die.

Albert E. Thompson, farmer (Mr P. H. T. Alpers), appealed on grounds of public interest and undue hardship. He said he carried out the work on the farm which was owned by his father, aged 79. He employed no permanent labour, and found his own time fully occupied with the normal cropping work. The farm' supported the appellant's father, sister and brother, none of whom was in good health. Appellant had a brother-in-law, but he was not qualified to take over the management of the farm, and if he did, it was doubtful whether the farm would provide a living in addition, for the brother-in-law’s family, which consisted of four persons. The appeal was adjourned sine die. An appeal on behalf of Roy Stewart Welsh, by the Seamen’s'Union, lodged on the ground of public interest, was adjourned sine die. There was no appearance of the recruit, whom the board presumed to be at sea. The appeal of Mary Watson, farmer, on behalf of her son. Mervyn Watson, was adjourned sine die. Postponement of Service Laurence McKinley (Mr T. K. Papprill). a traveller, appealed on the grounds of undue hardship. The appeal was dismissed subject to the recruit not being called up before May I. George Thomas Nolan, grocer, appealed on the grounds of undue hardship. Amplifying a written submission placed before the board, he said he did not seek exemption, but a postponement of service. He had been married in October and his wife was learning the business. He still required a few months to teach her buying and costing. It was a seaside business and the busy period would be over by Easter. The appeal was dismissed conditionally on the appellant not being called up before June 1. In announcing the decision the chairman said this did not necessarily mean that the recruit would have to go to camp on June 2. It depended on the country’s need of men at that time, but the recruit would have to hold himself in readiness to begin service at any time after June 1. „ ... Herbert Ellesmere Cross, farmer (Mr R, N. C. Hill), appealed on behalf-of Thomas George Hampton, farm-hand and tractor driver. Cross said he was the chairman of the local primary production council, and as a result felt he was called upon to give a lead to other farmers in the district in increasing farm production. Hampton was an invaluable man whom it'would be very difficult, if not impossible, to replace. He had another employee serving in the Canterbury Yeomanry Cavalry, at present in camp, but he did not intend to appeal if this man were called up. The appeal was adjourned to the first sitting of the board in Christchurch in June.

G. S. Peryman, threshing-mill contractor, of Lincoln, who did not appear, wrote in support of his appeal for W. J. Davison, threshing-mill hand. He sought postponement of service till the seasonal rush was over. The appeal was dismissed subject to the recruit not being called up before May 1. More Information Sought The Acheron Anthracite Company. Ltd. (Dr. A. L. Haslam), appealed, on grounds of public interest and undue hardship, on behalf of two employees, Colin Archibald Stuart and Alfred James Clark. Dr. Haslam said the appellant company had been formed last year and had begun operations in July in the Lake Coleridge district. A good seam of anthracite coal had been found, and the project was favourably reported on by the Mines Department. Tne two appellants were the only employees of the mine, and they had now got it well in operation. They hoped to bring their output to 50 tons a month.

The appeal was adjourned to the first sitting of the board in Christchurch in June. The chairman said the board would require, before the case came up again, very complete and full information as to the quantities of coal being extracted, the persons to whom it was supplied, and as much information as could be obtained from the Mines Department as to the necessity of continuing operations. Edward Herman Barwick, a wireman. appealed on the grounds of undue hardship. He said his mother was an invalid and he was contributing to her support. In answer to Mr Tracy, appellant said an uncle and aunt lived in the house with them. The uncle was a retired schoolmaster. They had been in the house for the last two years, but were free to go at any time, and he could not depend on them to remain with his mother if he wdht to camp. Mr Hall: But surely, in a time of national crisis, they would not do such a thing. Decision was reserved.

Arthur Maurice Kennett, baker (Mr E. J. Corcoran), appealed on the grounds of public interest and undue hardship. Appellant said the entire management of a business employing 13 people fell upon him. He had been married in October, and he had also built a house which was completed in the same month. There, was no one ,to whom he could leave the task of

looking after the business. Decision was reserved. Reserved Decisions The following reserved decision's, relating to appeals heard on Wednesday, were delivered by the board:— David Russell Smith, auctioneer Dismissed subject to the recruit not being called up before May 1. Colin M. Robertson, factory manager.—Dismissed, subject to the recruit not being called up before March 31. Douglas Henry Cahill, rag and paper sorter.—Dismissed. Thomas Joseph Matthew Farrell, farmer.—Adjourned sine die, Wilfred John Garlick, milking-ma-chine technician and farmer.—Adjourned to first sitting of board in Christchurch in June. George William Collison. market gardener.—Dismissed, conditionally on recruit not being called up before June 1.