APPEALS FROM THE BALLOT

Dominion, Volume 10, Issue 3027, 14 March 1917, Page 8

APPEALS FROM THE BALLOT

CASES IN WELLINGTON "INDISPENSABLES" AND OTHERS The third Military Service Board resumed its sitting in Wellington yesterday. Mr. \V. H. S. Moorhouso presided, and with him were Messrs. 31. J. Mack and A. 0. Considiue. Lieutenant Longhurst attended as military representative, in place of Captain Baldwin, who was otherwise engaged. There were thirty cases set down for hearing, several of wliich were struck out, the appeals having been withdrawn. A Customs Official. The Customs Department, represented by Mr. Craig, appealed for William Wallace, examining officer, Customs Department, Christcliurcb. on the ground that he was an essential officer, and the Department could not very well carry on without him. His work it was stated, was highly technical, and a substitute could not be readily found. Mr. 0. S. Considine: As far as T. can f"? every" essential industry in New Zealand is short-handed. The appeal was luljourm'd till May 1. Captain M'fndoc. of the Merchant Service GniH. appeared on behalf of William Paul, first officer of the s.s. Maitai.-. The appeal was on the ground {hat his services were essential in Now Zealand. Captnin M'lndne said that Mr. Paul was willing , to enlist. He was 39 years of age, and was the holder of a master's certificate. He bad 8} years' local service, and his knowledge was indispensable to bis employers.

Mr. Mack: If ho is indispensable, how have tbey got on without him siiipp. the wreck of tho vessel? Ca'ntain M'Tndoe: ThH would apply to all the men on the ship. Mr. Mack: The wreck would leave a surplus of men. Captain M'Tndoe:' Kvei'i with one ship less a man with his experience wsb indispensable. Mr. Mack: He is a valuable man, Inifc not indispensable. _ Eventually the board decided to adjourntho apneal sine die. the appellant to continue in his present employment. Returned Soldier's Appeal. The appeal of William IT. Powell, dental surgeon, was based on the ground that he was a returned soldier. Mr. A. W. Blair appeared in support of the appeal, and said that this case had been before the hoard previously. Powell was robbed of his discharge, but his brother and other members of tho familv had seen the certificate. Powell had been wounded in the knee, and received his discharge in England. Continuing. Mr. Blair said that the appellant had made two efforts to enlist, and was rejected, and he had since gone to Ash burton and tried to enlist there, hut was again rejected. Tho chairman: If lie is anxious to enlist, whv' this appeal? Mr. Blair: W<? hold that being a returned soldier ho is not a reservist. If he can enlist he is free to do so. hut ho is not a reservist, and should not be taken in as a conscript. Sydney R. Powell, brother nf tho appellant, stated thnt his brother enlisted in the Seventh Reinforcements, but was turned out of camp medicall" unfit. He then went to England and enlisted, and eventually iv«nt to France, whore., he was wounded. His brother suffered from shMUhock. and his mind was a blank. Ho could not remember troinit to France.

The bnnrd having ascertained that the anpellnnt had enlisted, dismissed thn anpc.il.

.T. F. Dunran, oinii finrim-f-r cadet, 17 Mararra Crew!*. apvn.iV.r) for extension of time. TTi> fa the- apjin.ired on his bohnlf. and submitted a v/ritten otatemenk, in which it was shown that the hoy had enlisted, but required an extension of limn.

Tlif hoard ijranted leave- for two moiu!i<! from date without p.iv. William Patterson, rrneer.'l34 TinaIcori Ttoad. apnnoied fnr an extension of time. Mr. D. M. Findlay appeared on behalf of .ipnnllant. and stated that Patterson had ,tho sole management of a small grocery business carried on by his father, who was 62 ypnrs of use and suffered from neuritis'. The mother was 66 years of age, and not very strong. The father had been unable to manage the business for 2J- years, and, according to medical orders, he had to leave for Queensland to avoid the New Zealand winter. It was impossible to get assistance, and to close down the business would moan ruin to the family, for it was their nnlv source of income.. Mr. Findlay asked for an extensioji/ypf time to see what oould he done with regard to the sain of the business.

Tim crssn was adjourned for one month, military ivoreption heiii.ir eranied in the. r-eanwhile.

Ashlftjir'i Bruce Fitchett. wo'::-.r p>i£rinep;\ f>o Tabors Crescent. O.'ifrn P.. la j. Brooklyn, Rrirailnd f or an'extension of time -to runhlo him to complete certain wnrl; in hand and arrar.p;o for the disp'y--,*! of hi? busirpss, irhi-h 1 1UL J hfipn eiirililvsbod sinpo CViobpr, 1P1.".' Appellant was ijnnted one moni'i's ; leave of absence without p?.v I A CoHMientions Obiector. ! Herbert Charles Milvwtoa. employee i in a hoot factory, appealed on the ■ ground of religious objection. Ho read ! a statewant in which he claimed that i he had been a Christadslph.ia-i since i 1905, raxi stated that he vag ready to I offer h.'s service in any civil canaoity In reply to tne chairman, he said I he pouM not undertake, non-combatant ! work beuanae he would have io join ! the Army. ; Mr. Gwsidine: That is snlittin" hairs. "' The .-hajrman ■ W o are a board eonstilutea :■* the Act, and wo must 0.-iniplv with +lin M: wlu>], I, TS down ihp soiirs« to be followed. Tbp appellant wms recommeurlsd Tor 'loii-i'ombat.int- work. ".w.an Catholic Clerics, Mr. ". 0. O'Leary appeared in support of the appeals of Fathers 1). P. Cniniii. B. J. Ryan, and J E Ainswo-th. n:u Michael .Jadssoii of theMarisr r »:.:,t' :1 ».-s, Tasnian Street Welhnjiten. t>rtilirates were sent In by Arebbir,hnp O'Shea showing the employment nf appellants, and the grounds for tin; apF<Mi!, their services beimr I (!x><\».tU; ir the Church. The caiicn irs-ro adjourned sine die, but :ire to be 'übject to review before the men ivi the Second Division are called. j Mr. .M. Myers appeared to support the appeal lodged by John Seton Hay. lecJniicai en.?inwr, of the Vacuum Oil Company ?,!>. Myers stated that this apnea! r-.-,i made by the man himself, but l>.y his employers, who contended t!;:ii his services were essential. The ap'MfcnJ; a technical engineer. It took ?>.ill? three years for a man to qualify tor S'wii a position. It ttos in the interests of both thp State and I tho Pinplo'T.rs tiint Mr. Hay shonUl j reinaiji ;■> Nnn , ,\ K o O( ] mprv ! industries in thp Dominion were in j a liTPufji'" d?«pii(lnnt upon Jlr. Tlav - -.- i cpvvi-'S'; U> the V'soimm Oil Co-up.-inv. i T'.ip of the country must I-.:' | rani' , "! mi. and no <loubt the board irns ansini:? te e,pi, is many npii n? pnssibie. Ij-jf Mir. nf the 'I'lie 1 1- ii iri""n : Tin , hoard i<; nr.lv mnc'Tin'il <---ith exjwinin™ carli «asa on its merits. JkLr. Myers thoJi 'io show

the highly technical character of Mr. Hay's work, and its importance to certain industries. Mr. Hay was the one mid only lubricating oil expert in New Zealand. He was constantly employed in examining machinery to ascertain tho different grades of oil they required for operation. There was no man in New Zealand who could take his place, and there was no man in Australia available. He inspected plants and advised on the lubricants to be used, mainly at the request of the owners. Mr. Hay gave evidence on the lines of counsel's statement. Captain Baldwin, who was present at the hearing of this appeal, closely cross-examined appellant on the point that his services were essential to the industries of New Zealand. Mr. A. G-. Cate, manaeer of the Vacuum Oil Company, stated that long before the Military Service Act was passed, every eligible man in the company's service had enlisted, except one or two men who were regarded ns essential. The services of the appellant were indispnnsable, for there was no man in the Dominion wiio could Jill his place. - Tlie board reserved its decision. A Rehearing Refused. An application was mndoby BrigadierGeneral Sir A. Robin to have the case of Arthur William Sievers reheard, on the ground that new and material evidence had boon made available since the case was last heard. The board stated that a letter had been received from Messrs. Kirk and Wilson, sotting nut the grounds for such rehearing, hut this disclosed no evidence that hail not been fully gone into by the board at tho previous hearing. The board decided that no good purpose would be served bv reonening the. case. Mr. Martin Lnckie anpliod for a rehearing of the case of F. Hooper for the purpose of securing for appellant an extension of time. Counsel stated that appellant at the hearing failed to fully and accurately state his rase. The appnllant was a farmor, and if not granted pn extension of tini" bis farm would bnve to be sacrificed or left to po to ruin.

Contain Baldwin objccled to the reopening of the cas", as it, was contrary to statute. It would lie estahllsbinn: n dangerous nrpcedent. Asked l'v a member of the board whether if ho succeeded i:i winding up his affairs he would ?o ; nto camp tho appellant said ho would. Capt-pin Bildwin: But will you serve as a, soldier? Appellant: Oh- I did not sn y thai! Being pressed, anpellnnt' finnllv answered with a tMiiite "\n," which gr»itly surprised lirs - solicitor. Tli" hoard deeided that it had no inrisdifitinn in th" juntter, as no new fa<-tq had been disclosed. Thn hoard adjourned until 10 a.m. to-day. SITTING 'AT HAMILTON. By Telegraph—Press Association. Hamilton, March 13. /No. 2 Military Service Appeal Board opened its sittings at Hamilton this morning. Mr. l'\ Jiarl, K.C., presided, and Captain Rogers -appeared for the Defenco Department. Mrs. Campbell appealed for exemption of her husband, who had enlisted, but had not considered her. Sho did not feel competent to bring up tlieir family owing to her present state of health. Tho board decided to recommend the Minister to release Campbell. The appeals of W. Foster, a Salvation Army officor, and Constable Olsen, of Waihi, were adjourned sine die. • H. J. Young, of Hamilton, was granted a further exemption until a reply was received from tho Minister re tho board's recommendation as to further assistance towards the support of his mother. ■