RAILWAY APPEAL

New Zealand Times, Volume XXXVI, Issue 8171, 12 July 1912, Page 1

RAILWAY APPEAL

STATIONMASTER’S DISMISSAL BOARD GRANTS MITIGATION, Tho Railway Appeal Board was occupied last evening with tho appeal of Thomas Henry Stubbs, relieving officer for tho Auckland district, against his dismissal from the service. , On.the bench were Df A. McArthur, S.M., and Messrs ,C. P. Ryan (first division) and P. Gaines (second division). Mr IT.- Davidson appeared for the department, and Mr -VI. Dennehy for Stubbs. i [ On May Sth Stubbs took charge of tho Taupiri station. At and after 4 p.m. trains arrived, from ■ Franklin and Huutly, and at 4.29 p.m. a train left for Huntly. The guard of tho train omitted to close tho points jiroijerly. Taupiri was then switched off the tablet system, and until the next morning became a flag station. Shortly after 5 p.m. a special goods train arrived, and tho driver, on approaching the station, noticed that tho points were half open..-Ho applied tho brakes, but could not stop tho train before tho engine and three waggons had left the rails. It was held at tho inquiry that Stubbs was responsible, and tho general manager (with the concurrence of the Minister) decided that ho should bo'dismissed. Mr Dennehy. read the evidence which had l been given at .the inquiry, agreeing to base his case upon it. Commenting upon the evidence,v Mr Dennehy contended that tho punishment’was excessive. Appellant had been 'twenty-six years in the department, .had risen to a -position of reand had no offence o’f any serious nature against his name-up to the time of this occurrence.- Now-ho was ,thrown upon tho outside world to seek emplpynient for which ho was totally unfitted. He also lost his superannuation. It was the duty, of tbo porter to lock.the points. , Mr Gaines; Is the .porter still in the service ? ■ • Mr Dennehy: I understand so. Has ho been punished in any way ? He has not. t , v Mr Davidson said the porter was engaged, in the igoods-shed at -the .time. Stubbs was responsible for tho points, since he himself gave the tablet to the engine-driver - before the train went out. He took no stops to see that the points, were closed' • Ho had admitted tliat lie' trusted,, to the ‘ guard .• The evidence was. plear jthat. sometimes the guard pei’fbrto’^-'tho duty aud’ldifle-J times iho did ■ not.L, Xt, was no., part of the guard’s duty. “The . punishment was undoubtedly severe, but cases of the kind required this. Tho depart-, meat had no desire whatever to lose offipera of the experience of Mr Stubbs, but it owed a duty to the public. They had always dealt : with these cases in the same way. Stubbs had been treated in the same way as, others. ■ Dr McArthur said liccould not relievo Stubbs''of the responsibility,, but it was' no argument that because certain "punishment had been meted out in years' gone by they ought now to mete out the same.,. He, 1 was satisfied that Stubbs was responsible .for the accident, .as it was his duty to look after the station, but he was'not satisfied that' the punishment was commensurate with the . offence. The board must recognise, hou’ever, that tho statioumaster, or senior man, must bo responsible .for tho acts of his subordinates. After considering tho evidence produced, and hearing counsel for both parties,- the board was of ox>inion that the easy could be' met by reducing the appellant jby one, grad© (front grade 8 to grade 9). ‘ That really meant a fine of £IOO spread over-four yeajrs. They recognised . that .the appellant. was;' a capable''officer. ’ <' ■ •- A CLERK’S APPEAL. russs ASSOCIATION. WANGANUI, July H., In connection with, the decision of the Railway Appeal Board at Whangarei in the appeal of' T. J. Rdordan, clerk,' agaihfff his dismissal from tho service, the, finding telegraphed gave tlie • imnression.that I?jordan, had been reinstated; for- six months’ trial without pay,' but it transpires that the forfeiture' of pay was only during the period of -suspension • pending the hearing .of the “charges against- him,, and his pay began again on thd day the trial commenced. The case is one .’which, railway officers throughout, the Dominion will be interested in. /.