RAILWAY APPEAL

New Zealand Times, Volume XXXIII, Issue 7848, 10 July 1911, Page 1

RAILWAY APPEAL

“ RECORD ” OF A GUARD REFUSED AS EVIDENCE BY THE BOARD. BPKOIAL TO THE " TIMES.” AUCKLAND, July 8. A point of some interest to railwaymen cropped up in tho case yesterday in which Guard A. J'. Campbell appealed to the Railway Appeal Board against his dismissal from tho service. At the conclusion of his cross-examina-tion of tho appellant, Mr Davidson (for tho department) proceeded to question the witness regarding previous punishments in tho way of fines for various derelictions of duty, tho object being to jrafc before the board tho ap* pollant’s “record of punishments.” This brought a question as to the fairness of the . procedure from Mr M. Leo (representing the ’Traffic Second Division), who pointed out that it tended to prejudice the appellant’s case in the mind of tho board. Mr Ryan agreed that the file supplied ono-sidcci evidence in that it showed only what was against a man and did not set forth his good conduct as well. The chairman (Dr A. McArthur, S.M.) stated that in tho civil court, when a man was up for drunkenness, his previous record in that respect was taken into account by the magistrate in determining tho punishment. Air Davidson stated that this was the only opportunity lie bad of putting the man’s record before tho board, and that tlio record always weighed with, tho department in determining tho severity of punishment inflicted on a servant. At tho conclusion of the evidence the matter was again raised, when Mr Davidson declined to" .put in tho department’s official file ’ relating to tho appellant, which sots forth fully the circumstances surrounding each occasion when railway men were punished. Mr Leo said that tho record of a man’s previous punishments by the;, department did not coincide with a man’s police court record for drunkenness, because tho former frequently dealt with a different class of case from that -before the board. Almost every railway man had a “record” of films for broaches cf regulations, hut was a very dih-went thing from so serious an offence -as an offence against discipline. Eventually tho chairman intimated that he did nor wish to have the “record” or list of on record against the appellant put in, and the other members of tho board concurred in this decision. APPEAL DISMISSED. PBES3 ASSOCIATION. AUCKLAND, July 8. The Railway Appeal Board disallowed the appeal of Guard A. J. Campbell against his dismissal for alleged misconduct arising out of a dispute with tho stationmaster at To Kuiti. The board wished it understood that tho appeal was dismissed solely on the gound of the necessity to uphold the regulations. It cast no reflection on appellant’s ability in the dissharge of ms duty, or on his character.