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OVERSEAS SERVICE

100 APPEALS HEARD At Greymouth Sittings Probably a record for the Dominion was established at Greymouth yesterday when the "Armed Forces Appeal Board" dealt with 100 appeals against service ~ overseas at a . sitting which occupied five'hours. The majority .of the appeals were made by coal mining companies in practically all of which an adjournment sine die was granted subject to a condition that the reservists join _a unit of the Home Guard within 14 days. Mr F. F. Reid (chairman) had associated with him Messrs A. H. McKane and G. M. Hail, whilst Mr W. F. Tracy appeared for the Crown

The State Coal Mines Departrpent appealed on the grounds of pmuic interest and undue hardship for tne following men:— . k p r Gavin Brown Anderson, tru-K.i since June, 1939. . Archibald Auld, haulage Reginald Gregory Barlow, Victor Francis Boag, mamond d Craig Brown muerjo°slph° Sgh Brown, miner for. 20 years. Colin Campbell, minei. Cyril James Dorn, trucker since Emanuel Fenton, trucker since March, 1941. Alexander Fraser, macnine opera tO ßobert Fraser, shiftman since 1937. Patrick Francis Harrington, truck er since August, 1940. Nathan Heward, fireman. . Leslie Edward Kennedy, trucker Sil Thomas Learmonth, miner and trucker since July, 1939. John Hay Lister, dust analyst em ployed since he was a youth in tne Harold Muir, spare miner since April 30, 1940, and previ“XrtSU 1 K°p"hy, Shiftman S1 p r e an A c“ trucker since 1939 John Quate, rope-road worker. Joseph Alfred Smith, trucker since 1937 *’ James White, labourer and formerly trucker. . William Charles Williams, chainman and formerly trucker. John Alexander Quv, trucker for 10 years. . . , Evidence in support was given by Percy Moslyn Outhwaite, mine manager at Strongman Mine. The chairman said all the appeals were late, and there was no explanation. , , Witness said the organisation was large and scattered. Leave to proceed was granted. George Smith, mine manager at Liverpool Mine, also gave evidence. Conditional upon reservists joining the Home Guard within 14 days, the appeals were adjourned sine die on the grounds of public interest, except the following, which were adjourned sine die unconditionally: J. R Quy, N. Heward. L. E. Kennedy, J. White, W. C. Williams, A. Auld, R. G. Barlows A. Fraser. The appeal in respect of Fenton was dismissed. Appeals on the grounds of public interest were made by the Blackball State Coal Mine and supported by the Miners’ Union for the following: Andrew Howden, trucker at Paparoa from 1938 to 1941 and at the Blackball Mine since June, 1941. John Frederick Grav. . miner and shiftman for the past 11 years. Stanley Naylor, shiftman since April, 1941, and previously employed until 1938. . William T. Hunt, mine fitter since May, 1938. . Ronald John Ruane, mine fitter since January, 1941. . . William David Day, winch driver, and trucker since January, 1935. Harry Quinn, manager of the Blackball State Mines, gave evidence in support. , . The appeals were adjourned sine die on condition reservists joined the Home Guard, except Gray, whose appeal was sine die without the condition. , , . Brunner Collieries Ltd., appealed on behalf of the following, on grounds, of public interest and undue hardship:— Albert Thomas Gutberlet, lampman, employed for 10 years. David Allen, miner since March, 1938.

Patrick Joseph Durkin, shiftman. Thomas Harvev Rodda, miner, employed for over 10 years. Albian John Brown, trucker since 1936, and striker and fitter since 1938. Wilfred Lowery, trucker since December, 1940, and previously discharged from camp. William Allan Mosely, shiftman, who has joined the Air Force. The appeal was withdrawn by leave. David Hynd Neilson, trucker since 1937, and formerly at Blackball Mine. Michael Cassidy, trucker since November, 1939. Leslie George Baldock, trucker since November, -1940. Thomas Oliver Cameron (also appeal by Director of National Service), miner since June, 1941, and with previous experience. Edmund Walsh (also by Director), trucker since August, 1941, and formerly a miner. James Veint Wells (also bv Director), trucker since June, 1939. Evidence was given bv Edward Francis Lockington, manager of the Wallsend Mine. The appeals were adjourned sine die, subiect to reservists joining the Home Guard, except in the cases of Gutberlet and Neilson, which were adjourned sine die without condition, and Walsh, which was dismissed. Grey Valley Collieries, Ltd., appealed on the grounds of undue hardship and public interest for the following:—John Clark, miner since February, 1929. James Cowie, miner since December, 1939. ( William Chambers McNeish, miner, since February, 1929. David John Wallace. Trucker, since December, 1939. lan Forrester Wilson, miner since March, 1940 Stephen James Mulqueen. trucker since April, 1940. Leonard Hallivan. surface labourer since May, 1938, ' William . Robert Millett, haulage attendant since September, 1935. Harry Agnew, trucker since July, 1939. Evidence in support was given by John Graham Quinn, Manager of the Dobson Mine. Mulqueen, for whom Mr. E. B. E. Taylor appeared, also appealed as a conscientious objector. The Chairman said the Board had previously heard evidence on reservist’s Territorial appeal. Mulqueen said he had lost his work as a gardener .in consequence of the previous appeal, and ha.d secured work at the mine through the State Placement Service. The appeals on the grounds' of conscientious objection against Territorial and Overseas service, were dismissed. The appeal of Grey Valley Collieries, Ltd., was adjourned sine die on the grounds of public interest subject to reservist joining the Home Guard within 14 days. I The appeals for Clark and McNeish were adjourned sine die and the other appeals were also adjourned sine die, conditional on reservists joining the Home Guard within 14 days. Paparoa Coal Co., Ltd., . appealed on the grounds of public interest on behalf of the following:—David Me- 1

Vicar, miner for 4h years. James Dickson, haulage worker for six years. Herbert Naylor, trucker, whose appeal was withdrawn. George Clark, miner for 4h years. John Leslie Lester, trucker for one year and previously at Wallsend. Evidence was given by Alphonsus O’Donnell, Manager of the Paparoa Mine. , The appeals were adjourned sine die on condition that reservists joined the Home Guard within 14 days, except in McVicar’s case, w’hich was adjourned sine die. Blackball Creek Coal Co., Ltd., appealed on the grounds of public interest for the following: Robert Henry Reynolds, miner since 1934. Leonard Francis Balderstone, miner since 1934. Herbert Naylor winchman, formerly of Paparoa Mine for two and a half years, and employed by the Company for two months. Evidence was given by Wiinan. Balderstone, Secretary to'the Company and the appeals were adjourned sine die, on condition that reservists joined the Home Guard, except Balderstone, whose appeal was adjourned sine die without condition. . . *• ' Spark and Party appealed for Cecil Rueben Currie, miner, on the grounds of public interest and undue hardship. Robert James Bowman, ActingManager, for appellant, said there were nine in the party. Currie had been employed as a miner since Monday last. He was an . experienced miner and was not satisfied with the shifts worked at the Strongman Mine. Reservist was 40 and had worked in mines since he was a boy. The appeal was adjourned sme cue on the grounds of public interest. In the 'appeal of Briandale Collieries, Ltd., on the’grounds of public interest on behalf of William j'ames, miner, since January, 1940. evidence in support was given by the Mine Manager Thomas Howard, and the appeal was adjourned sine die, conditional on reservist joining the Home Guard within 14 days. The appeal of the old Runanga Co-op. Party, for whom John Kelly, Manager, gave evidence for John Bruce Barker, employed as a trucker since February, 1940, on the grounds of public interest, was adjourned sine die. Marshall and Party appealed for George Walker, miner, a member of the party since 1935, on the grounds of undue hardship and public interest. David Cameron, Mine Manager, gave evidence and the appeal was adjourned sine die on the grounds' of public interest. Armstrong and Party appealed for Robert William Armstrong, miner employed for eight years with the party, on the grounds of public interest and undue hardship. Robert James Armstrong, Manager, gave evidence, and the appeal was adjourned sine die on the grounds of public interest. Stuart and Party (Mr. J. W. Hannan), appealed for Herbert Martin Stewart, coal miner, on the grounds of public interest and undue hardship. Evidence was given by Robert Longstaff, Mine Manager. The appeal was adjourned sine die on condition reservist joins the Home Guard within 14 days. The Chairman said that but for the fact that reservist was engaged in a most important industry, the Board would have had no hesitation in dismissing the appeal. SAWMILL APPEALS. Donaldson's (Ngahere), Ltd., appealed on the grounds of public interest for Eric Myers, bushman, tor the past nine months and previously employed by another Company. The appeal was adjourned sine die subject to reservist, if not already a member, joining the Heme Guard within 14 days. G. Gibson and Sons, Ltd., Sawmillers, appealed on the grounds of public interest for Robert George Kennedy McGuire, tailer-out, and J'ames Patrick Gibson, bushman. Mr. J. S. Robertson, for the Company, said McGuire had been employed in his present position for two years, and Gibson had worked with the Company since leaving school. The appeals were adjourned sine die.

Ztarau Sawmilling Co., Ltd., appealed on the grounds of undue hardship for Archibald John Christie, head bushman. employed for the past 12 years. The appeal on the grounds of undue hardship was dismissed, and on the grounds of public interest was adjourned sine .die. A. R. Wallis, Ltd., appealed on oehalf of Elgar James Knight, tailerout, since May, 1940, and previously employed by Jack Bros., Kotuku. The appeal was adjourned sine die on the grounds of public interest. Lake Brunner Sawmilling Co, Ltd., appealed for Edmund Blackmore, head bushman since 1940, on the grounds of public interest, the appeal being adjourned sine die. A. H. Birss appealed for George Hunt, sawmill worker, on the grounds of public interest, the appeal being adjourned from Hokitika. The appeal was adjourned sine die. to be reviewed in January next. Mr. J. S. Robertson, gave evidence for the above appellants, and the appeals were supported by Mr. F. L. Turley for the Timber Workers’ Union. Parker Bros, appealed on the grounds of public interest and undue hardship for Joseph Martin Routhan. tailer-out and breaker-down for the past five years. The appeal was adjourned sine die, subject to, reservist joining the Home Guard within 24 days if not already a member. .Parker Bros, also appealed for Raymond George Regan, on tne grounds of public interest. Reservist, a head bushman, had been employed for the past five years. Mr F. L. Turley, for appellants, I said that Parker Bros, had brought several older men back into the industry. . The appeal was adjourned sine die on condition that reservist, if not a member, joins the Home Guard within 14 day's. W. T. Blackmun, appealed for Thomas Henry McDonald, silver pine cutter. The appeal was adjourned sine die with a recommendation that reservist be medically examined immediately. The appeal of J. Tibbles for George .Dudley, rigger and loco fireman, was struck out for want of a prosecution. C. J. Butler’s appeal for Clifford Thomas Fox, was withdrawn by leave. MARRIED MEN’S APPEALS. Thomas Kerr Durie, appealed on the ground of status, an appeal also being made by his wife, Mrs. M. R. Durie, on the grounds of unduehardship and by State Coal Mines, on the grounds of public interest and undue hardship. The Chairman said the parties had been separated for some time. The appeal was allowed on the grounds of status. Gerald Leach also appealed on the grounds of status. Appellant said he was married at Greymouth on October 25, 1940, and had one child The appeal was allowed on the grounds of status. MISCELLANEOUS APPEALS. The Grey Electric Power Board appealed for Denys Ryland, technical assistant, on the grounds of public interest and undue hardship. Evidence wa's submitted in writing and on grounds of public interest the appeal was adjourned sine die. The Union Steam Ship Cc.. Ltd,, appealed for George Frederick Homsley, seaman, of s.s Omana, on the grounds of undue hardship and pub-

lie interest. Hemsley also appealed as a conscientious objector. The appeal was struck out for want of prosecution. The Union Steam Ship Co. also appealed on the grounds of public interest for Dennis Hannant Mack, boatswain on the s.s. Kauri. Mack also appealed on the grounds of undue hardship, stating he was assisting his mother to purchase a home On the grounds of public interest, the appeal \vas adjourned sine die. Robert Ernest Kennedy, builder, appealed on the grounds of publicinterest and undue hardship. The appeal was struck out for want of prosecution. J’ohn Douglas Hart, builder, appealed on the grounds of undue hardship. The appeal was struck out for want of prosecution. John William Dalzell (Mr. E. B. E Taylor), butcher, appealed on the grounds of public interest and undue hardship. Mr. Taylor said appellant was at present in hospital and a medical report was submitted. He had been operated on at Christchurch and had to undergo a further operation. , , George Henry Dalzell, butcher (Mr. E. B. E. Taylor), appealed on the grounds of public interest and undue hardship. Appellant submitted a written statement and handed in advertisements he had published. He had made every endeavour to dispose of the business. He presented a petition with the signatures of 160 Runanga residents. The business must be kept going in the public interest, and as appellants had made reasonable efforts to sell it and particularly in regard to the health of J. W. Dalzell, the appeals would both be adjourned sine die .

Riversdale Dairy Supplies, Ltd. (Mr. E. B. E. Taylor), appealed on the grounds of public interest for Arthur Joseph Carson, truck driver. Mrs. Irene M. Norton submitted a written statement and said she had advertised for about three months and applied to the State Placement Office, Greymouth, without success. To Mr. Hall: There were seven employees and all supplies were purchased. Decision was reserved. Albert Edward Fischer, beekeener (Mr. W. D. Taylor), appealed on the grounds of being not in the class, also public interest and undue hardship. _ Reservist, in evidence, submitted a written statement. He had been keeping bees since 1935, prior to which he worked for a dredging company. He expected to produce eight tons this season. Decision was reserved. Mrs. Freda Watkin (Mr. W. D. Taylor), appealed on the grounds of undue hardship for Albert Edward Watkin, grocer, seeking a postponement of service. Appellant, in evidence, submitted a written statement. , The Chairman said the Boa’ra was satisfied to give the appellant time. The appeal was dismissed, a condition being that reservist is not to be called un before February 1, 1942. Mr. P. Smith (Mr. T. E. Coates), appealed on behalf of his son, Preston Ralph Smith, farmer, on the grounds of public interest and undue hardship. Evidence was given by reservist, who said that the property was purchased from his father before he got married in August last year. To Mr Tracy: He had not endeavoured to sell the property. He had a' brother preparing to join tne Air Force. Preston Smith, Senr., in evidence, said that he had to get his son to take over the cows on account of his ill-health. Decision was reserved. D. and J. Ryall, of Barry town (Mr. J. W. Hannah), appealed on the grounds of public interest and undue hardship for John Bouterey, farm hand. . , . Evidence wa's given oy Denis Ryall, farmer, who said his brother was aged 67 and was absent a good deal of the time, being a member or the Legislative Council. They had a grocery and butcher’s snop in addition to the farm. Witness could not do much work himself. They would milk 65 cows this season. To Mr. Reid: Reservist was aged 30 and had been there three years. He was not a relative Decision was reserved. Mrs. W. E. Martin-Levorson and the Director of National Service appealed on behalf of Robert Peter Martin-Levorson, linesman, on the grounds cf public interest and undue hardship. Mr. A. E. Davenport, resident electrical engineer, Public Works Department, gave evidence in support of the appeal, which was adjourned sine die on the grounds of public interest. The appeal by Mrs. Mar-tin-Levorson was withdrawn by leave. Mrs. M. G. Corrin appealed on behalf of her husband. Stephen Claude Corrin, railwayman, on the grounds of undue hardship. Mr. Z-l. M Jamlesen appeared for appellant. ’ Reservist gave evidence and the appeal was dismissed, reservist not to be called up before January Ist., 1942. Loftus Paul Ronchi, butcher, ap-

pealed on the grounds of public in- i terest. Mr. Hannan, for appellant, said I evidence was given at the previous I hearing. He could bring no evidence that any butcher could be found to take reservist’s place. A The Chairman said the appeal had been adjourned to enable some arrangement to be made. Appellant, in evidence, said that since the hearing he had tried but could get no one to take his place. There were one or two butchers in the mines but they would not leave. To Mr. Tracy: He had not advertised the business for sale. To the Chairman: There were still three butchers supplying Waiuta. Decision was reserved. L R. Shuttleworth, appealed for his son, Laurence Arthur Shuttleworth, farmer, on the grounds of pubVc' interest and undue hardship. Evidence was given by appellant, a farmer, of Atarau, who said he was farming 234 acres. His three sons held a ballot, and so appellant, it was decided, should stay. The other two sons were overseas on active service. There was a danger that witness's health would not enable him to carry on for the duration of the war. To Mr. Hall: Reservist was working in a small mill at Atarau, and was contributing towards improving the farm. The appeal was adjourned sine die, to be reviewed in March next. CONSCIENTIOUS OBJECTORS. Stephen Cathcart Miller, Accountant, appealed as a conscientious objector. To Mr. Reid, witness said he was aged 25 years, and had joined the E.P.S. since appealing. To Mr. Tracy: He considered ambulance work was primarily for the prosecution of the war, as was the infantry The Minister of Defence had said that the ambulance w’as essential to the Army. Men were made well again so that they could be sent back to the firing line. There was a humanitarian aspect about it. but the authorities maintained the ambulance corps so that men could be sent back again. To Mr. McKane: If he were called into service with the E.P.S., he would not make any distinction between a soldier and civilian if they were injured in the street. He would do it purely as an act of mercy and regardless of uniform or nationality. In the army, he would have to rescue men so that they could be mada fit to go back and prolong the war. He understood the '’E.P.S. was for civilian work only. The difference was in the ultimate motive. He would disobey orders from the military under martial law and would refuse food and shelter. He could not envisage a situation where it would happen To Mr. Reid: He believed that the Ambulance Corps controlling authorities were operating primarily to patch up men for further service. He knew that they also assisted the enemy. Decision was reserved.

Cornelius Patrick O’Leary, blacksmith and farrier, appealed as a conscientious objector. Appellant said he was aged 29 years. He stated that when he was 19, he was strong and healthy, but he could not get work. He walked the South Island, but could not get any work. He had read many books, and concluded that w r ar represented all our evils. The Chairman said that, in theory, every right-thinking person would agree with appellant. Appellant said he could do nothing about the present situation, nut would go the whole distance like Mark Briggs and others. The world was appellant’s country, but he believed every man had-„.the right to defend his own country. He respected those who went overseas. He could not answer if they were wrong. His present position in life he made himself, and was happy in his work. He wduld not ask any man to fight for it. To Mr Tracy: He was brought up a Catholic. To Mr. McKane: He was opposed to force under any circumstances. He would defend himself if he were in the right. He had physically defended himself. He believed m everyone and any nation defending itself, but he did not believe in mass slaughter. He would not defend the country if attacked. To Mr. Hall: The only ones who knew what brought about war were those controlling a country. He knew that a British Prime Minister had flown to Germany with a view to bringing about world peace. Decision was reserved. Charles McPeake, Railway employee, appealed as a conscientious objector, the appeal being struck out fcr want of prosecution. Owen Michael Sweetman, lorry driver’s assistant,, appealed on the grounds of undue hardship and conscientious objection. Appellant, in.; evidence, said he did not believe m war or in killing another man. He was aged 24 years. He belonged to no religion. He had held his views as long as he could remember. He had an uncle who served .in the last war. This uncle now shared his

(appellant’s) views. His parents did not believe in war either. Mr. Tracy: Have you met anyone yet who does believe in war?—No. The war being here, what do you propose to do? —Nothing. In reply to a further question, he said he would not do ambulance work. To Mr. McKane: He would do nothing to defend the country .if it were invaded. He would do nothing to take relatives out if their home was bombed. To Mr. Hall:. He would use force to prevent anyone doing violence to his mother. He would not like to see Germany rule this country. To Mr. Reid: He was the majj> support at home to his parents, brother and sister. His father and mother secured Social Security and his sister was at home, z but his brother was out of work /at present. The appeal was dismissed. The apoeal of T R. Smithers for Thomas William Smithsrs, farmer, on the grounds cf public/ interest and undue hardship, was h/ard, as also an appeal by reservist on the grounds of conscientious objection. Reservist, in evidence, said he was aged 23. He was a member of the Baptist Church. • He had no objection to serving in anything which would help his fellowman. He had a brother serving overseas at present and one brother at the Addington Workshops. To the Chairman: He had held his views since shortly before being called up. He had no definite views on war when called up for Territorial service. Reservist’s father also gave evidence. Decision was reserved. The Board will resume its sittings at 10 a.m. to-day.

Adjourned Appeals NOTIFYING CHANGE OF EMPLOYMENT. A warning that both employees and employers must notify the Director of National Service immediately if men whose appeals are adjourned sine die leave_ their employment or are given other'work, was given by Mr Reid in reply to a question bv Mr J._S. Robertson, representing the Sawmillers’ Federation yesterday. Mr Robertson asjted the position of two men who had left their employment. Mr Reid said_that on the first occasion when tile‘ Board sat at Greymouth, and in each other centre, the duties of employers and employees under the Regulations had been pointed out. The onus was on both to notify the Director of National Service, and penalties of £lOO or three months’ imprisonment were provided for failure to notify the Director immediately a man left his employment. The obligation was absolute and /anyone employing a man on whose behalf an appeal had been lodged was running a risk. The onus was on the employee as well, Mr Robertson said that he was glad to have the Board's statement, as manv in the country districts did not seem to understand the position. The chairman added that not onlv if a man left his employment, but also if he changed his occupation within the industry there was an obligation to notify the Director.

Three More Appeal Boards ONE AT GREYMOUTH. PA. WELLINGTON, Sept. 25. The establishment of three additional Arm,ed Forces Appeal Boards is gazetted to-night.' They are as follows: . First: Board No. IA. with its headquarters in Whangarei, comprising 'Messrs G. P. Finlay, a barrister (to be chairman), N. Horrobin, and A. J. Magee, with Mr H. E. Hewlett as deputy member. _ Second: Board No. 4A, with its headquarters at Napier, comprising Messrs H. B. Luck, a barrister (to he chairman), F. R. Field, and W. H Barry, with Messrs J. E. Benson and R. N. Cook deputy, members. Third: Board .No. 5, with its headquarters at Greymouth, comprising Messrs, W. Meldrum, stipendiary magistrate (to be chairman), G. Manson. and A. Panther, with Messrs P. J. McLean and J. Dicker as deputy members.

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Bibliographic details

Grey River Argus, 26 September 1941, Page 8

Word Count
4,173

OVERSEAS SERVICE Grey River Argus, 26 September 1941, Page 8

OVERSEAS SERVICE Grey River Argus, 26 September 1941, Page 8

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