OVERSEAS SERVICE

Greymouth Evening Star, 17 July 1941, Page 2

OVERSEAS SERVICE

, APPEAL BOARD SITTING. GREY DISTRICT APPLICATIONS. The Armed Services Appeal Board, Messrs F. F. Reid, S.M. (chairman), G. M. Hall, and A. H. McKane heard 42 appeals against overseas service at Greymouth yesterday. Mr W. F. Tracy was Crown Prosecutor. The following appeals were heard after the “Star” went to press yesterday:— Burke’s Creek Collieries (employers), represented by the manager, Mr Charles David Buist, appealed on the ground of public interest, for John MacDonald, horse driver, Donald Angus McMaster, coal miner, and James Richard Sara, trucker.

In evidence., Buist said MacDonald had been employed since 1939, and McMaster since June 1, 1939. Sara had been employed up to June, 1940, but on account of seasonal trade difficulties was not re-employed until March, 1941. The appeals were adjourned sine die.

The Peerless Coal Mine (employer) appealed for Arthur Hocking Thompson, coal miner, on the grounds of public interest and undue hardship. A written statement was filed. Mr Buist said that Thompson had been employed at the mine, which was a sub-lease of his company, since April, 1938. The appeal was adjourned sine die, on the ground of public interest, but dismissed on the ground of undue hardship. , , F. Faulkner (employer) appealed on the grounds of public interest and undue hardship for John Joseph Wilfred Jenkins, head bushman, Alan Mathew Joseph, snigger, and James Seymour Billington, bushman. Mr J. S. Robertson, for the appellant, asked leave to withdraw the appeal in regard to Jenkins, who had since left appellant’s employ. Joseph, he said, had been working for many years for the firm, and had been 11 months in his present job. Billington had been a bushman for the appellant for the last nine months, and for the last two months had been heact bushman. Prior to going to work lor apoellant he had been a greaser on a dredge, but prior to that he had had experience in the bush m- the North Island. . The appeal in regal'd to Jenkins was withdrawn. In the other two cases the appeals were dismissed on the ground of undue hardship, but adjourned sine die on the ground ol public interest. A. E. Lines (parent) appealed loi Norman Arthur Job Lines, on the grounds of public interest and undue h 'Appellant was represented, by Mr J K. Patterson, who put in written statements, and a medical certificate regarding appellant’s health. Appellant said the reservist was his only son. The milking was done by. machine. It was a two-man fairn. The reservist had always worked on the farm. Forty-two cows were being milked. ~ ~ „ , The Chairman said tne Board was quite satisfied that the appellant was unable to carry on the farm on his own, and the appeal would be adjourned sine die, on the ground of public interest. Ernest Edgar Barnett, coal mine trucker, appealed on the grounds of public interest, and an appeal was also made by R. V. Alborn .(employer) on the ground of public interest. There was no appearance of either of the appellants. Decision was reserved, to enable evidence to be given in support of a statement set out in a letter from the manager. James Daniel Comerford, farmer, appealed on the grounds of public interest and undue hardship. Mr J. K. Patterson appeared for Comerford, who put in a written statement, and a medical certificate regarding his brother’s health. In evidence, he said that he had 46 acres of his farm in grass pasture, and 40 odd acres in “rough run” (mostly second growth where the bush had been felled), while the rest was in standing bush. After a brief consideration, the Chairman stated that the Board after .taking all the circumstances into consideration had taken the view -that the reservist had better stay where he was. The appeal would be adjourned sine die. Jack Andrew Davy, constructional engineer, appealed on the grounds of nublic interest and undue hardship. James Andrew Davy (employer) and the Slab Hut Creek Gold Dredging Company also annealed on the grounds of public interest and undue hardship. Mr J. K. Patterson appeared for James Andrew Davy, who put in two written statements. To Mr Tracy, James A. Davy said that when he took the two contracts mentioned in the statements he knew that his son was liable for military service. Witness was an engineer, and could do his own plans up to a certain point. He had inquired from different firms in Christchurch for a man to replace his son, but had been unable to get one. He had not advertised, as it was useless to advertise for men for such a job. He had another son at. Canterbury College and another aged 16 years at the Technical School. The reservist was in charge of the reconstruction of a dredge, of which he had drawn the plans, and it was essential that he be retained. To Mr McKane: If he could get the necessary labour he could finish his present job in about seven months, but if'he could not get it, the job would probably take 12 months. The appeal of J. A. Davj' was adjourned sine die. to be reviewed in six months.

Patrick Joseph Smith appealed for his son, Michael Smith, a farm hand, on the grounds of public interest and undue hardship. Mr J. K. Patterson represented the appellant, who put in written statements. In evidence, he said the fat production of the farm in the 1940-41 season was 14,184.8 pounds. The whole of the 118 acres of the farm was under production, and the Government valuation of the farm was £2,045. He had one son overseas, another in Wellington, but with no experience of farming, and the other son was the reservist. River erosion was a big trouble on his farm, and he considered that in the last 12 years he had spent £4OO on erosion work. He was milking 47 cows, and the farm also carried 55 breeding ewes and 30 pigs. To Mr Tracy: The son who was in Wellington left home soon after leaving school, and was now in an auctioneer's office. He had been passed as fit for overseas service. The appeal was adjourned sine die. Timothy McMahon ('employer.') appealed for his son, Timothy Neirn McMahon, a farm hand, on the ground of public interest and undue hardship. He was represented by Mr J. K. Patterson, and put in written statements. In evidence, he stated that the farm was of 251 acres. He was milking 53 cows, and also baa on the farm 22 additional cattle, about 80 ewes and about 20 pigs. There were about 20 acres in cultivation for Winter feed for the stock. There were two sons on the farm, with him, but he was not able to do much. His third son was waiting to go into camp. The Government valuation on the property was about £3,500. ' , . The appeal was adjourned sine eye. APPLICATION FOR RE-EXAM. Herbert Baird, bricklayer’s labourer, appealed on the ground of undue hardship. He was represented by Mr J. K. Patterson, who put in written statements by the reservist s uncle, Thomas Baird.

Mr Patterson asked that the reservist’s case be referred back to the Medical Board for re-consideration of the point in question. . Thomas Baird, in evidence, said he attended to all the reservist’s business, as the reservist could neither read nor write. He had been passed by the Medical Board. The appeal was adjourned to the next sitting of the Board at Greymouth, and the Chairman said that the Board would recommend to the Army authorities that the reservist undergo a further medical examinaWilliam George Graham Paterson, . clerk, Reef ton, appealed on the ground of conscientious objection, . against service in overseas and territorial forces. .. In reply to the chairman, he said that he had not yet been medically examined. Appellant made an affirmation, instead of the customary oath. In his statement Paterson said he had enlisted in the Air Force in 1934 and he stopped attending church parades lor a while. On May 16, 1939, he received a fractured skull in a motor accident in Christchurch. His mother, a member of the Apostolic Church, 'believed in Divine healing, and he attributed his recovery to this. It was during a hohday in the North Island that he had been “converted and accepted Christ as my personal Saviour. After his recovery he returned to the An foice but collapsed after three days and he was discharged as .permanently unfit on December 23, 1939. Fiom study of the Bible he came to the conclusion that force was contrary to the teachings of Christ. To Mr Tracy: He had been a member of the Apostolic Church since September, 1939. .. , To Mr McKane: He went back to the Air Force after his accident, but he was not a conscientious objector ; for some time after his conversion. He objected to non-combatant seivice connected with the armed ' foi’CPS , To'Mr Reid: He was prepared to assist in any civil capacity il he should be called upon to do so. To Mr Hall: He had been employed by Blackwater Mines at their ton office since 1940. Working ma cheese factory would not conflict with his conscience. Decision was held ovei pending further evidence as to appellant s medical condition.

; to-DAY’S APPEALS i coal minFemployees i’ j u l Excellent progress was made by the Armed Services Appeal Boaid ’ this morning, when 81 appeals agamst i overseas service were i for the Board for one morning. Practically all the appeals dealt with were in ’ regard to men employed in the coal i mining industry. J State Collieries lodged appeals on ■ the grounds of public interest and un- > due hardship on behalf of Erenest Pomeroy (trucker, employed since ■ June 11, 1941); Abraham Airns (mini er since 1926); Francis Andei'son 5 (shiftman since January, 1940); Robert Bell (trucker since April 1940), s William Leo Baird (trucker since 5 September, 1940); Douglas Robeit 5 John Blocksage (trucker since July, ' 1939); Colin lan Cottle, (trucker since May 1940); Ralph Craig, (assistant rope-splicer since April, 1940); Bruce - Dargan (trucker since July 1940), E William Francis Dalzell (miner since ’ May 1937); Harold Samuel Demstei ■ (trucker since June 1939); Herbert ■ Karl Fisher (experienced miner); John Glass (trucker since Feb- •’ ruary 1939); Douglas Eric Hilder- ■ brand (lamp attendant since leaving - school): Israel Eric James (trucker t since 1937); Gilbert Norman Johnson (trucker since October l 940); Edward . ’ Lloyd Jones (coal cutting machinist - Kennedy (experienced miner); Richard James McNamara (truck- ■’ er since 1939); Richard Ed- t 1 ward Maddison (experienced min- ' er)- William Colin Mundy (collier I September, 1939); George Arthur ’ Murphy (miner. 1939); John Musgrave (trucker August 1940); Thomas William Nicholson (miner, 1927): , . Charles Leo O’Donnell (trucker, L 1939); Stanley Gordon Olderog (shutman, started as a boy): Gordon Rich- ' ard Ronchi (shiftman and experienced tunneller); Eugene O’Sullivan (shiftman, July 1940); Albert James : , Smith (miner, 1927); Norman Speak- . . man (trucker, 1930); John Nancolas ' Swarbrick (stoneman, January, 1941); i John Timlin (miner, 1927); Bertram . Walker (experienced lamp attendant, ’ started as a boy); Benjamin Watkm (trucker, December 1940); Robert 1 Watson (trucker, 1937): Walter James i Weston, shiftman, 1939); Robert i Wright (experienced miner): James i Airns (miner, two years); David Reginald Williams (electrician, 15 years). ’ Isaac Tyson, underviewer at the I Liverpool mine, gave evidence as to : the length of time each reservist had ’ been employed in the mines. Cottle he ’ said was only a fairly regular attendant, having been off work with a i rupture. Johnson had been off work i ill for the past four months, i Percy Mostyn Outhwaite, Manager i of the Strongman and James mines, also gave evidence regarding reserv- : ists employed in those mines. Pom- 1 eroy, he said, had been only a few days at the mine when the appeal ' was made. Prior to that he had been ■ employed at the Liverpool and Wall-

send mines. . Johnson’s appeal was dismised. In : the cases of Baird, Dargan and Watkin decision was reserved. All the other appeals on the ground of public interest were adjourned sine die, but on the ground of undue hardship all were dismissed. The chairman said that for some reason the Superintendent of the State Collieries had seen fit to appeal on the grounds of undue hardship, as well as public interest. The former was simply piling up work for the National Service staff, as undue hardship simply did not exist in such cases. The State Collieries withdrew the appeal in respect to Joseph Green, but it was adopted by the reservist, who was represented by Mr. W. Taylor. , The reservist stated that he had left the Rewanui mine to work as a partner in a co-operative mine, which had a guaranteed market for its out- : put. On the ground of undue hardship, : the-Appeal was dismised, but on the • ground of public interest it was ad- . journed sine die. Marshall and Party appealed for , Daniel Cameron, miner, on the , grounds of public interest. George Walker, in evidence, said . that Cameron had been in the party since 1934, and was an experienced , miner. The appeal was adjourned sine die. - G. McClatchie and Co. Ltd.’s appeal ( for George Allan. Turner, miner, on ( the grounds of public interest and un - due hardship, was adjourned sine die . on the ground of public interest. Th' 5 ! chairman said the Board was satisfied the reservist was an experienced man, J working in the mine. . Grey Valley Collieries Ltd. appeal- , ed on the grounds of undue hardship , and public interest for Robert Marshall • (coal mine manager), Michael Banks, ! haulage attendant (11 years), Allan Wright Ducker, trucker (two years), * Brian Johnstone, trucker (nine months), Vivian Smith, trucker (five * months). John White, miner (11 years), Leslie Thomas Cron, winch- 1 driver (two years), George Erskine, haulage attendant (four years), James Ferguson Gibb, miner (12 years), Alfred. Hoggarth, winch driver (12 years), 1 Thomas George Morgan, coal miner 1 (six years). 1 Robert Marshall, manager of the < mine, gave evidence, showing rhe length of time each man had been ern- < ploved in the mine. Johnstone, he 1 said, had been farming in Auckland < prior to going to the mine. Smith had

been on a gold dredge in the Barrytown district. All the appeals were dismissed on the ground of undue hardship, but on the ground of public interest, all except Johnstone and Smith, were adjourned sine die. In the appeals regarding Smith and Johnstone, decision was reserved. Donald Bell (partner) appealed on the grounds of undue hardship and public interest for John Arthur Bourke, horse driver. Bourke also lodged an appeal on the same grounds. ~ Donald Bell, manager of the Castle Point Party, said there were seven men in the mine. The mine had been going 16 or 17 years. Bourke had been with the party for 13 years, and was a miner. He was employed on the face for about three hours each day in a seven hour shift. On the ground of undue hardship, the manager’s appeal was dismissed, but on the ground of public interest adjoprned sine die. The reservist’s appeal on both grounds was struck out. The chairman added that appeals by particular miners, where their employers were appealing, were not viewed with favour. CONTENTIOUS CASE. Stuart and Party (employers) appealed on the grounds of public interest and undue hardship for Herbert Martin Stewart, miner. Mr. J.. W. Hannan represented appellants. Norman Croad, manager of the. party, said there were two men in the party, and the reservist was a brother of one of them. He went to the mine in September ,1940, as a result of losing his position as a driver with Griffen and Smth, Ltd. He was off for some time as a result of a football injury, and his job as a driver was not available to him when he recovered. Prior to going to Griffen and Smith’s, the reservist had had about four months’ experience with the State mines. Production would fall about 25 per cent, if the reesrvist’s services were lost. The reservist, in evidence, agreed that he had put in an appeal, but said he did not know that his employers had appealed lor him. Further questioned by the Chairman, the reservist admitted that he knew his employers had appealed for him. The undue hardship referred to in his appeal was the tact that his mother was at home, and was not able to look after herself. There were two sisters at home, and two young brothers of school age. His mother received Social Security. To Mr. Tracy: He was 23 years of age, and was a lorry-driver for Griffen and Smith and Greenhill’s before going to the mine. Prior to his lorry-driving, he had two months’ experience in the Strongman mine, and later went to Moore and Party’s mine. He now earned about £ll or £l2 a fortnight. After consideration, the Chairman announced that the Board was far from satisfied with the evidence givenby the reservist, and if the appeal were to be judged on that evidence, it would be dismissed without hesitation. However, the party’s appeal would be adjourned to the next sitting of the Board at Greymouth, and the Board would, then have to be satisfied from evidence that every possible channel had been exploited in an endeavour to free the reservist for service with the armed forces. Reservist’s own appeal would be dismissed. On the grounds of public interest and undue hardship, Douglas Hugh Williams, timber cutter, and William John Preen, bushman, appealed Mr. J, K. Patterson represented appellants. The appeals were partly heard at the last sitting. illiams produced advertisements for men, and the replies. Fifty-six trucks of timber had been supplied to the State mines since the last sitting, and the demands could not be fully met. Pie had secured another bushman, but he had to go into camp shortly, and no replies had been received to advertisements for a man to replace the one going into camp. Witness had been a miner before he went timber-cuttign. Percy Mostyn Outhwaite, manager of the Strongman and James mines, said that up to last week the stocks iiad not been up to requirements. The stocks that could be kept on hand at the mines would last a fortnight. Gilscennan and Party and reservists were the only contractors supplying timber for the State mines. The appeals were adjourned sine die, on the ground of public interest. The Paparoa Coal Company appealed on the ground of public interest in the cases of Percival Ernest Edward Bailey (miner), Wilson Clark Meikle (miner), James Patrick O’Donnell. Laurie Lowden Climo (miner), Andrew Leitch (miner), and James Pirrie Clark (miner). Alphonsus O’Donnell, manager of the Paparoa mine, said that . Bailey had been three years in the mine and was in charge of the endless rope road. Meikle had also been employed for thre eyears, and was a shiftman. O’Donnell had joined the Air Force. Climo was a miner and had been with the mine 10 years, as also had been Leitch. Clark had been with the mine for about 20 months, but worked in the Blackball mine before that. O’Donnell’s appeal was withdrawn, and the other appeals were adjourned sine die.

WALLSEND EMPLOYEES Brunner Collieries Ltd., appealed on the grounds of undue hardship and public interest in respect of Eric Francis James Streat (trucker), John Henry (trucker), Herbert Ross, Thomas John Uren (miner), Thomas Gordon Julian (bin worker), and Kelvin John Falconer (trucker). Francis Edward Lockington, manager of the Wallsend mine, said that Sireat had been employed at the mine since November 190. Henry started in the mine in May, 1938, and went on the coal in May, 1941. Ross had since left the mine, and the company wished to withdraw the appeal. Uren was now on the coal and started at Wallsend in May, -1939. Julian was a tipper on the bins, and would have been an underground worker years ago, but for the fact that he was very deaf. He started in 1935. Falconer had been employed in the mine since February, 1941 and prior to that had been a barman. He nad also worked at Dobson as a trucker for some time in 1940. Ross, he understood, was working at the Dobson mine. The appeal in regard to Ross was withdrawn. All the others were dismissed on the ground of undue hardshoip. On the ground of public interest, the appeals in regard to Henry, Uren, and Julian were adjourned sine die, and in regard to Streat and Falconer decision was reserved. The Directors of National Service appealed in respect to Arthur Joseph Gray (carpenter) on the ground of public interest. John Graham Quinn, manager of the Blackball Mine, said Gray had been employed at the mine for 11 years. No mine carpenters were available in the district. The appeal was adjourned sine die. The Blackball Creek Coal Company appealed on the grounds of public interest and undue hardship, in respect to William Sherman Balderstone (miner). William Balderstone, secretary of the company, said the reservist was his son, and was a miner working on the face, and had been on the face for 4-A- years. Twenty men were employed by the Company. The appeal was adjourned sine die on the grounds of public interest, but dismissed on the ground of undue hardship.- ■ (Proceeding)