MILITARY APPEAL BOARD.

Oamaru Mail, Volume XLVII, Issue 13047, 10 January 1917, Page 5

MILITARY APPEAL BOARD.

Per Pi?ees Association. • Cliristchureh, January 'J. The Military Service Appeal Board sat at Chris tclrurch to-day.

Kelynge E. England, motor repair engineer, appealed upon ilie ground of business obligation. In February, he saidj ho had' arranged to enter the motor-patrol service in England, leaving his lather to look after his business, but hit- father died, and he had to come back to look after it. In the event of his being culled ux> he would simply have to let his business go.

The Chairman stated that the Board, did not regard the motor business as indispensable; if was simply a- luxury The appeal was dismissed, appellant being allowed two months to make his> arrangements. Percy Battey, Methodist minister, asked to be allowed to be posted tc the lied Cross or other non-conibatnm branch. ;

' The Chairman said a<ll the Board could do was to make a recommendation unless appellant came -within the religious objectors' clause of the Act. Appellant: I don't'do that.

Tho Chairman saidi the. Board would make such a recommendation, and appellant would be allowed fourteen days' leave to attend to private business. William Templeton Home, dairy expert, Spreydon, appealed upon the ground that be was ari American subject by parentage and naturalisationMr Wright, who appeared on his behalf,', submitted'that appellant was nota natural-born British subject within the meaning of section 3 of sub-section, 2 of the Military Service Act. American law- provided! that a child born of American parents in a foreign country could: elect to remain an. American citizen. AVben- lie was: 18 yc-ars of age appellant made a declaration to this, effect before aij American consul, and when lie: turned 21 lie took the oath, of allegiance to America, thus constituting himself an! American citizen.

The Chairman did not consider tho Board should take upon itself the obligation. of deciding' the matter, which might call forth a Note from the American President.—(Laughter:) The best thing would be to state a cas-s to the Supreme Court, and the appeal was adjourned for a month in the meantime. . - SITTING IN DUNEDIN. (Otago Daily Times.) The Otago Military Service Board (Messrs H. Y.-'Widdowson, S.M., A. D. Bell, and E. Kellett) continued and concluded its Duncdin sittings at the Magistrate's Court yesterday. Captain Free, with Major Moller, group commander, represented the' Defence Department.

ESSENTIAL WORKERS. William Warden Wilson,, sanitary plumber, appealed on the ground of undue hardship. An appeal was also entered on his behalf by his employer, his father, James Wilson. Mr C. N. Senrr appeared on his behalf. Appellant- said he was a certificated plumber. His two brothers had gone to flic front. His father could not, do hard work on account of an accident to his ariii. Out of 900 registered plumbers iu NewZealand he. understood about 400 had gone to tho liont. He had wanted to enlist, but had not done so on account of his father's business. James Wilson, father of appellant, said he was employing only one registered plumber because he could not got more. He had to. let the work go by. If his son (vent ho would have: to shut up tho shop. ' . To Captain Free: There was very little plumbing work that an unregistered man was allowed to do. To Mr Bell: He did not think he could get a registered plumber anywhero in New Zealand. ..

James Sandilands Douglas, President of the Dunedin Master Plumbers' Association, said he was endeavoring to get tho stringency of the requirements for the registration of plumbers relaxed. Most of the big shops had a great shortage of registered plumbers'. He understood that about 80 plumbers had gone to the war from Dunedin. Dr Frengley had declined, in the interests of public health, to allow unregistered plumbers to do registered plumbers' work. The Board was of opinion that in the circumstances of the industry, its essential nature, and the fact that men could not be obtained, conditional exemption should be granted. The Chairman wished it understood, however, that the case of each plumber called up w.ould have to bo dealt with on its merits.

Patrick M'Donald, farmer, of Momona, appealed on tho ground of financial obligations, and because he had his mother and au aunt- dependent on him. Mr B. S. Irwin appeared for the appellant, who stated he had no sisters or brothers. He fattened stock as well as keeping cows for milking. To Captain Free: He had not made any attempt to get assistance, as he did not like-to trust things in the hands of strangers. If sent lie would have to sell liis stock and leas'c his farm. Mr. Irwin said it was becoming very difficult to get rid of places, as more were coming on the market. Conditional exemption was granted in this case.

Richard Isaacs Coory, boot and shoe manufacturer, and Harold Hand forth, upper cutter in tho clicking department, had appeals entered on their behalf by Messrs Ross and Glendining on the grounds that their occupation was essential. -Mr Payne appeared in both cases. Handforth also appealed on the ground of undue hardshi]> to his mother. He had previously been before the Board, when his case was adjourned for medical examination. Mr Payne reported that Handforth had been passed as fit class A. He was earning 30s a week as an improver This was the highest rate of wages paid in the world for this work, and was above the award rate. If Handforth went Messrs R-oss and Glendining would have to discharge at least 15 to 20 different persons from their department. All the same, Ross and Glendmjjig -were not strenuously opposing; the men being sont. _ . Luke D. Browett explained: that "baiEinee" between the different departments was essential in an np-to-dat? boot factory. There was a shortage of bootmakers cf all kinds-, largely ou account of restricted importations. : He thought- if 15 men were Tlisehorged by Ross and Glendining (someone- o'.s? would be waiting for them. Frederick T-foonor. ii':ot manufacturer, said there, was a shortage -of labor in practically everv department of' the. trade throughout New Zealand Captain; Free said- Coory was a British subject and liable to military service-.. ill- Payne said the clickers were already working -overtime for Itess ; and Glendining and objected to worJsing.ad; ditional overtime. . Conditional exemption was granted- m each case. i DISMISSED. . Horace James Samnel. Hargood. flock mill hand, Roslyn, whose case had beenadjourned for medical .examination, was reported by Captain Fr?e to h'avo been passed as fit-, Class A. He appealed and the ground that he was an only son and had a wife and mother to support. ■ •. The Chairman said that under ordinaiy peace circumstances this case would certainly be a hardship, but what was a hardship .in peace time was not necessarily a hardship in war time. The board was v-ery sorry it hadj no option but to dismiss the appeal.; ;

"William Escott, who gave his occupation as "varied," appealed on - the ground of financial obligations and jbeeaiise lie lmd his father and mother to help. Appellant said lie was a religious objector to a certain extent. le.W at present assisting in his father's fancy goods shop. He ran public games' at' agricultural showy for a few months. It paid all right. His father was 78. and still attending to business. lie had three brothers. Arthur, 33, married in Wellington; Henry, 3S, married -.in. Dnnedin ; and Thomas, 41, married in Wellington. He had four-sisters, one married, two single at home. He did. not belong to any particular s-sct, but lie had.a- conscientious objection ;to shooting o man. He did not- se-o difference between; a German and another man, ■ - ; ' • ! .

Mr. ; Koilett: Ycru. would not ..tight • to ; defend vour- conurty or to defend ycrar mother? —Well, if. von catch -a man redhanded it's- nil -right, ■<■ , .

Appellant said be would not leave his people, not i'or any military authori-

Tiu- chairman: Don't: be rash. The board was of opinion that no ease i of undue hardship had been made out, arid the appeal was dismissed. William Gemmell, joiner, St. Kilda, for whom -Mr E. J. Smith appeared, appealed on the ground of domestic circumstances -and financial engagements. Mr Smith said his client, who was a widower, was perfectly willing to go, but he wished time to arrange his financial affairs. Appellant stated that he married in December. 1914. Til© court thought a month's time would be ■sufficient, and the appeal M as formally dismissed. William Scott Mitchell, grocer, North East Valley, appealed on the ground of domestic hardship. Appellant said he "was a single linn aged 23'. His parents had good health. He had two brothers on active service, and one aged 2-0 at home, a medical student. He had; live sisters, four athome, unmarried. He was in business with his father, the other employee being a boy af.'ter school hours. If appellant went to the war he would be .hindering his brother .from getting through his course. They had tried to sell., and tried to get assistance, without -success.

Witness'' statement that women could not deliver groceries- drew the remark from Mr Kellett thatwomen were- delivering coal in Edinburgh and working in hundrds. on farms at Home. The Chairman: It may have to conic here too. Luke D. Brewster, inspector of factories, said lie had not heard of sidy ■scarcity of grocers' assistants just now. He thought that up t-o the present they are about- evenly balanced. Quite it. number of young -women, "were getting into tho grocery bu.sinc-sses. The board was disposed to give -the, man a month to make arrangements-, and as he would get this in any case the appeal was dismissed. Bertie Byford, foreman litter, lutd an appeal entered, on his behalf by his employer, Alfred Woodnough, steel w-in-dow-frame 'manufacturer. . Mr A. Jr. Adams, -who appeared in the. case, said that only nine di the original 20 employees now remained in the business. The appellant was the only , one capable of acting as foreman. The company had- on hand two contracts for freezing works and one For the Public Works Department. 'The loss of Byford would mean very serious stoppage of the business. Byford said he was the- onlv single man loft in tho business'. Mr Ks-llet-t: A pity to spoil a good record like that, isn't it?To Captain Free: It would take the .best part of a year to .finish the freezing works contracts. He did not know how. long it- would take to. finish the Public Works contract. Allied Woodnough, managing director ol the Steel AViiidow-Zirame Mnim-

faettuing Company, said he was,a practical.man. He had learned the business-' ■m.the.Old Country and had started the business liefe. '■ c - The Board was of the opinion that this, has not a case in which exemption should be granted, and the appeal was formally dismissed.

Leonard. 'Joseph Lowden,. chief clerk ol the London and Lancashire Fire in, suiance Company, asked for six months' time to arrange business matters It was-stated that ne li.i-.l voiiiut''-veJ >;iv months ago, been . deferred, and had signed on with the Twenty-fourth Reinforcements. The manager asked thatappellant be granted extension, of tunc owing to .depletion of tile office staff. The manager, Mr Ruddiman, said that, many details of the business had been entirely in Tiowden's hands for some } eai.s past. He now asked li'or leave for the appellant till the end of February.' Capt.un. Free said appellant was acattested to go away on December

The case Was- dismissed. ADJOURNED. John Alexander Grant, daii;vman, of liavensbotirne, appealed l on the ground 'pt undue hardship, as he liatl a- widowed :mother to support. Appellant said he wasi milking eightcows, and'had 14 acres of land. He had ii n ldou od mother, 70 years of age, and a single brother aged -,35, a waterside worker. The brother Had been called up, and was going into camp on Thursday.

. To Captain Free: The brother had gnLt, ted and been turned down 18 months ago. Ho was ready to sell his pioperty and go if he could have been examined first and know- 'how he stood. Seli-pieservation was the first- law ol life, and so he would not take the risk of selling first ;uid bcint*- examined after.

Under examination by Captain Free, \vitness became heated, and Captain Free ended by telling him the sooner he went the better for liis : health. Appellant's retort drew 'a rebuke from the Bench. The case was adjourned till next sitting lor medical examination, i Appellant: Why could Lnot have got that in the first place? • Captain Free: Boca-use .the Medical Board is -not- at everybody's beck and call. - The- Chairman explained that the question of allowing time would be considered at next sitting. I 1 l.nicis Montgomery Harraway, miller, Qreen Island, had an appeal entered on his behalf by Harraway and Sons, 011 the ground that his services were essential to th firm. Mr. A- H. lonkinson appeared in the case, and suggested that it be adjourned for ■medical examination. The ca,se was -.adjourned accordingly, oil 11 Leopold Stewart Wright, secretary of tlie Patriotic and General Welfare Association, appealed in the .ground of financial obligations and domestic hardship. Of his three eligible brothers one had been killed at Gal- ■ lipoll. another had been maimed for life, and the'third had been rejected, like. himself. 4 • Appellant said he had been to Major -Fitzgerald for medical examination, and beeii rejected in May, 1915. Ihe case was adjourned for official anedical examination. GREEN ISLAND MIRERS. James. Gray, jun., and William Gray, coal miners, of Green Island, had appeals entered on their behalf by their ■employer, their father, James Gray, sen., manager of the Fernhill Coal and Sand Company. James Gray, jun., and William Gray also filtered appealsnn -their, own account. Mr-A. S. Adams, conducted the appeal. - The Chairman : Were they both drawn, in the same ballot?— James

Gi-pv, sen.-: Yes, sir: .. v_T]ie Chairman-: .That"was, hard luck. —I knew a fortnight beforehand they would hn drawn, T, was told.

The Chairman: Nonsense! •Tames Gray,, son., said he had 21 men employed in the mine aira the sand

lately. But now lie had only r.vr. including his two sons. The five were nil practical miners, and were all absolutely essential to the mine. Thes* were his onlv sons of military age. All the Green Island men were short of men. He paid 11 for shift miners and Ms: for truckers. Ho was paving 4d u box or 1-3 4<l :i ten higher than the rates in other mines in the dislriet. A hcaterl passage "v'w the '•Ues_ of 'washes' paid occurred bofween 'Mr TCelli'tt,and the witness, vhieb resulted in the Chairman deman< l ij , 'r an apolnsiv fioin the witness. vcfovtrtl :J>y, askinz.iin from M- Tvel'ett. Finally lie said, "I tmt T am right all the sime." ■whereiipon he-was ordered. out of Court. Tn •mes - Gray, inn.. =aid-,hf was vn.irs of -age. He I'ad started work in tlio mine as a tmeker two rears ago. %r,rt Ind "w'nrlrod of" ss'onllv. : To Captain JWt H<» had never-Veard .Tils father *a'" "Th« THHsh eeidd eet piiina.n-ou fn fi-ht for +'' em. hut they wouldn't g"t his, srn*;." or like th"t. His father had not hindered tlieni from going, but left it to themselves. He desireVl to go if it were not for the business. . William Gray, aged 23. said he had 'been working . fir 18 months in his father's mine. He b"d .been en.rneutering before that. He bad .th'Hight '"bout fnilisting, but felt he eould i"7 f leave the business. He had said the military authorities .-.would never ,r,„i Tiim. His health was all r'«ht now. He had been hewing and trucking and locking oftp- tl'ree ;ft-es in the ""'"f. • ' < .like T). Piocke+t, Tnsne»:tor of l'ae- • tones, -said by. did 'riot Ihink Ui« ,v reonired nrac<ieal miners for 11 >o Green Island district, but there really was a .scarcity"«£• practical miners. Iteal. mining said lie had examined 'the 'Fern•" 11 mine on more than on occasion, The mine was

• : "''V ' ■ '' . badly fired, and tho tires .might dcstro; the mine if not properly attended to It wits too dangerous to let one mai look at'tor iv Mining compaoie had been short of iiienVMr some time To his knowledge, the : mini had been working over To Captain Free:: This one of thi mines ol less importance,produce* a small amount of low-grai&e coal. Mei goiug from this mine to work at soin< other high-grad(V: mine might 1 , not b< doing better service from tho point, oi view of the -community, as l'ernhil mine might lire ..and lie lost in theii absence.

C'aptain Free said lie did not admit for a moment that tlieso were essential men. '

The appeal was adjourned., till ncx fitting for the production of time books and evidence as to the out-pu ot the mine, appellants to bo medically examined in the meantime. POSITION OF "PLYMOUTH "BRETHREN."

Frederick Wiliani Stephens, wireworker, appealed oii the ground! that he was a member of tho sect known as the Brethren, and had conscientious objections to combatant service. Appellant expressed his willingness 10 r>ign the declaration committing him to noncom baiant service, and did so. He handed in a. document setting forth theviews of tho elder--'Brethren of the eon-; m'egation with which ho.l worshipped, i Tlic.se views, he said, were ilis own. Tho Chairman: 'What dM&oit understand' by this clause, "Tlift& we are to be. subject to tho powers': r |Bat bo"? Only iii so far as they do not tell us to do what is contrary to the Word of. God. Tho-■ Chairman : Thai: is, you take any Act of Parliament subject. tg ; the Scriptures H —Yes, sir. ■ ~ Appellant--said' lie was -3 j v gars of ago, and : met with the Plymouth Jjrethren. who worshipped iii tho Gospcvl; Hall. Tho other sections of the Brethren sometimes met together, cxeept()i)ie "exclusives," who. excluded: everybody else. To Captain Free: .He. tjljtought the penalty of death for murdei' ; ; was right, fh.-v >i nnnmrorl ovp.riii .in tin* hjM'l rL

right to siiod blood'. • That taught in the -Scripture.*.- He bfc]ievod that oven if his mother ami sistei'.'jvere being subjected to' the worst violeiifo he would be doing wrong to' kill anyone in their •defence. If lie were to del'eiid them by violence ho would' repent pf .it afterwards.. ■ uj The Chairman : We woukj/iiot mind you repenting afterwards, ( iip long as you did it.—(Laughter.) :>f Witness said' his views jtjero those commonly held by the Brethren. He did not- know that 80 of thaty>ersuasion had activeSy taken up arm>j';3'ro7ii New Zealand in' this war. Thtrfe was no central governing body for.;£ho different meetings* of the but each was guided! by- the elder ftfethren in that individual assembly. 'l%'ese bodies of believers all over the were united, but their only head jv\as Christ. Certain writings might be at?oepled. by one assembly and not by another.. William Johnston, evangel'i§t, ,said ho was appointed by the Lnrdjyand .supported by the free will' odenKjgs ol the Lord's people. . He did not. s[> to every assembly in each of the- Tie belonged to the "open" HretlnyHi. Brethren included "open" Birthre.it,aiul "ex-

elusive" Brethren.. -They all objected to both terms, but sonn'tinuS? they hud 1 to bo. used for the sake oE'(elearness. There were 123 open Brethren, in the Dominion. tlx' believed) that the hearing of arms wnlj contrary to tlio teaching and ol the Lord and of tlio .Holy Spirit. {ijHe would not say what he would do if'-faeed with the position of .kiSling or hiding killed, hut he knew that lie ought lljbt to lull even to save his life. Mr Kellc-tt: What, would hoi our noption if you were able to eonSjSrt all tho British nation to your \\ay,>V>! tliink—iris? —Well, if I. ctiuld convert all the Germans —Mr Lvelktt: That.'-A not the • question. 1 . .> • . Witness said 1 if ho eor„V. fifty a Miii'ie portion of the New Testaun n£*that told him to take up arms ami liglilrpie would willingly go and do so. lie did not object to defending the nation.,';,? • Mr Bel!: Do.yoiii.wnnt to;#le'cud it' . with a walking-stick ? f,: Witness, ill answer to Mft't Kolloltv , said lie had read that .";3 B.iXHhi i h in Germany had been ..shot ratheyffthan violate their consciences by anus. He did' not know that Ihe Qyiykers. a?' a body, had -declarer! that tjjjhs vra* a righteous war, this being thi\jfu>'t tunc that had ever been done. £$ Captain Free said, .as far could understand, there . was no .':jrv-1 i prions body" at. all in the r-ase. I en had' no authoritative pricstfjpod. no theology, and no governing b(|ily which could formulate or f)roiiounec>a (-reed. He thought it was impossibly. c vr _a. liioinbm* of tho Brethren to eoific- within section 13 of clause 18. jiv Tho Chairman said, he inusti.ijo.d with the finding of auothor Board.'/.And with their own "finding in another i*ase. th'ati it had' not been proved) as fepoint of law that the appellant belonged to '.a , religions body" as contcmi>lata|l by tho . paragraph in the. Act. Pie railist hold against the appellant. His Colleagues quite agreed with him. The Appellant complied with 'the second''retirement of the paragraph in; dc-i'laringJJhis own conscientious objection to bearing arms, but- tho former part',' that. hcKbelonged to a religious, body holding sloso beliefs, had not been sufficiently proved. Without botll the Board could? not allow the appeal. He -would: not' express his own opinion on the mattpf, as ho did not wish to hurt anyone sVfeelings. The appeal would lie disniisse<|i Mr Johnston: Is the (IcciskiW of this Board: iinal, or is there any rather to appeal to? t . • ; The Chairman: No, this is aifeolutely filial. fg