CHAMBER OF COMMERCE.

Otago Daily Times, Issue 4629, 16 December 1876, Page 1 (Supplement)

CHAMBER OF COMMERCE.

The quarterly meeting of the Chamber was held yesterday afternoon, in the Exchange, in Bond street. The attendance was far larger than usual, most ot our leading commercial men being present. In the absence of the President, Mr E. B. Cargill, the chair was taken by Mr H. Tewsley, Vice-President of the Chamber. Mr J. S. Webb, Secretary, said: It has been usual, sir, for the Chairman of the Chamber to state at our meetings the business which occupied the attention of the Committee during the recess intervening since the previous meeting, but as Mr Cargill is absent, I will briefly state what has been done. During the session the Hon. George M'Lean sent down to the Committee a copy of the Warehoused Goods Bill, which was introduced into the House of Representatives much in the same form in which it passed. It was carefully considered by members of the Committee, and they came to conclusions opposed to those of the hon. gentleman, and passed the following resolution:—"That this Committee is of opinion that it is necessary to define the law relating to warrants for bonded or free goods by a statute. The unpaid vendor's lien on such good 3 should be strictly preserved, and rendered indefeasible, except when the actual ■n^. transfer in the warehouse keeper's booksis *^ effected, the alteration in the opposite direction proposed in the Warehoused Goods Bill being calculated to afford facilities for unfair trading." A copy of this resolution was communicated to Mr M'Lean, but no furtheractionwastakeninthematter. Theßill was passed in the form in which it was introduced. I think, sir, that there is no doubt but it ia a very desirable thing to have the law in reference to bond warrants defined one way or the other, so that each one may know the position in which he stands when holding such warrants. This was not the case before, as a doubt existed on the subject. Since the session the Minister of Justice sent down the rules of Court to be gazetted under I the Bankruptcy Act, These were snb|l mittedto a Committee which broughtupa v&ry Pi voluminous report, containing certain sug- —:. gestiona. These were forwarded to the Government, and we have received an answer to 1 the effect that they would receive due con Bideration. Besides these matters, I may state that the Committee have also had under their notice a lecter addressed to the Chairman of the Chamber by a number of Bhipmaaters at Port Chalmers upon the subject of Captain Gibba, of the ship Thomasina M'Lellan, and who was proceeded against by a seaman named Cotter. That letter will also be laid before this meeting. In accordance with a resolution of the Committee, copies had been forwarded to the Minister of Justice, and also to the Commissioner of Customs, who replied that it did not lie within the province of the Government to order any investigation to be made in the case. The Chairman : Theae letters referred to

by Mr Webb deal with, a matter of con- &***. siderable importance to the trade_ of the i ' place, and especially to the shipping interest. : I think that it would be well for the Secretary to read them out. The Secretary then read the following letters:— To the Chairman of the Dunedin Chamber of Commerce. Sir—We the undersigned ship masters at present in Port Chalmers, have the honour to place before you the following statement of the facts of a case in which Captain Gibb of the ship Thomasira M'Lellan was recently fined by the Kesident Magistrate at PortChalmers, for an alleged assault on two of his seaI men, under the following circumstances: —The ' ship left London in June last, and shortly > after the commencement of the voyage,_ some of the crew became troublesome and mutinous, so much so, thst eight of them had to be put in irons, but they were released upon their promising to resume duty. Just before entering the Port of Rio de Janeiro, which it was found necessary to put into, on account of the coal in the hold getting dangerously heated, it was discovered that one of the leadera of the malcontents had been embezzling cargo. This man (Cotter) was by command of the captain put in irons, and forthwith handed over to the authorities at Eio de Janeiro, in order to be tried. But the (British Consul declined to have the man tried there, stating that even if he were convicted, he could not be detained after tho sailing of the ship. The captain, dissatisfied with the Consul's decision, consulted Captain Fairfax, of St. M.S. Volage, who laid the mattor before Her Majesty's Minister and the Consul, with the -•■. result stated in a latter from Captain Fairfax, of which a copy ib attached: The Consul also made the following entry in the ship's official log book:—" I, the undersigned, acting British Consul, have duly authorised Captain John Gibb, to confine Edward Cotter as a prisoner on board untL 1. he reaches Otago, where he can be tried according to British law, the prisoner not only being charged with larceny, but with threatening and attempting the life of Andrew Anderson, one of the crew. (Signed) C. A. Austin. "British Consulate, Rio de Janeiro, "August 10th, 1876." The prisoner was then received on board again, but was, shortly after the ship left Rio, released on his promising to conduct himself properly for the remainder of the voyage. On the day the ship left Rio, another of the crew, named Meallia, who had already been in irons for mutinous conduct, and who, it was found, had been an accomplice of Cotter's in tho embezzlement previously mentioned, was found in the hold abstracting drirnc from the cargo. On bsing brought before the captain and expostulated with, he became very violent, and threatened to murder both the captain and officers. After consulting with his officers, and at the urgent request of the passengers, the man was kept under restraint for the remainder of the passage, a course considered necessary for the safety of life and property. On the ship's arrival at Port Chalmers, Cotter and Meallia were convicted, and we now undergoing 12 weeks' imprisonment with hard labour, for embezzling the cargo, while the captain was fined L 5 and costs for having put Cotter in irons, under the circumstances mentioned above, and L 7 and costs for having kept Meallia under restraint for the reason mentioned. We may here state that Cotter had been on a former voyage convicted in Port Chalmers, and sentenced to 12 weeks'imprisonment for embezzlement of cargo. We also beg to call your attention to the following expression used by the Magistrate when giving his decision : —" The defendant had evidently done his best for the ship and all on board, and the only question to be considered was, whether he was justified inputting Cotter and Meallia in irons." _ On the Right Hon. B. Disraeli being waited on by a deputation of gentlemen with reference to the case of G'aDtain Barnes, of the ship Looksley Hall, his reply was to the effect that "the law undoubtedly was, that the power of the uaptain of a merchant ship over the crew, and even over the passengers, was in the strictest sense undenied, and wav in fact almost what had been termed despotic. He might, in short, inflict any punishment that was reasonable and necessary to the navigation of the ship, and for the preservation of good order. If id the Locksley Hall case there had been a miscarriage of justice, it arose not from the terms of the law, but from the magistrate corning to a wrong decision on the facts. These were the views of the highest legal authority in the land." The above case, as well as the late case ot the emigrant ship Invercargill, where the conduct of a number of the crew amounted to open mutiny, and were only sentenced to 12, six, and four weeks' imprisonment respectively, have created great interest here, and as the result of thess cases must tend to produce # in the minds of seamen an erroneous impression as to captains' authority on board ship, that must lead to consequences disastrous to the interests of shipping generally, besides the immediate effect upon the men under their own command, we beg you will be kind enough ta lay this case of Captain Gibb's before the members of the Dunedin Chamber of Commerce, for their consideration.—We beg to remain, Sir, yours respectfully, B, J. Tooker, Master Amateur; John 8. Friend, Master brig Isabellas; James H. Taylor, Master ship Timaru ; John Joss, Master ship Wairoa; John Muir, Master ship Invercargill; W. M'Alister, Master ship Wm, Davie; John Gorn, Master snip Mataura; J. G. Mordue, Master ship Elizabeth Graham.

H.M.S. Volage, Rio de Janeiro, 28th July, 1876. Sir—Captain Fairfax has directed me to inform you that he has conferred with H.M. Consul respecting Lhe Naval Court requested by you for the trial of one of your crew, and tliat he finds that the Chief of Police at this place has refused to allow seamen who may have committed the crime of theft to be lmpraoned and left behind from their ships, and therefore should this man be tried he comd receive no punishment. . _, . , Such being the case, Captain Fairfax considers that it would be useless to order the Court to assemble. . , H.M. Muister at this place entirely agrees with these views. . , The Consul bas stated to Captain Fairfax that he is writing to give you directions to keep the man a prisoner until your arrival at INew 'Zealand, whore lie can be tried by the authorities there, bo that you may be relieved from all responsibility respecting tne man being kept bo png under confinement,

Captain Fairfax would have written to you himself, but he is at present on shore, and considers that you should know his decision of this matter as soon as possible.—Yours, &c, (Signed) Charles Cock.

The Chairman : Yon have thia letter before you. The Committee think that they cau hardly deal with it, as it is more a matter for the members of the Chamber when met together as at present. Ido not know that we can do much in the matter. I daresay that it was a bard case for Captain Gibbs. It will be for the members present, and more especially for the members connected with the shipping interest, to say whether they can do anything in the matter. If anyone has anything to say upon the matter We -will be glad to hear them. Mr M'Neil suggested that they had better send the memorial to the Minister of Justice, with a request to look into the matter and to see what could be done in regard to it. The Secbetaey pointed out that Mr M'Neil's suggestion had already been acted upon. Mr Elliot : "We are here asked to remark upon the judgment of the Resident Magiß. trate who had all the facts before him, and no doubt based his decision upon them. We are now asked to pass an opinion upon an ex parte statement. From circumstances which have lately come to my knowledge, I think that captains of home ships do not pay that attention to matters which they ought to do. I intend to make a complaint in re- j gard to the conduct of the master of one of the ships which recently arrived here. I will give you an idea of what it is. The master allowed the steward of the ship to go to sleep, leaving a lighted candle upon his bunk, and told him that he might do that as often aa he liked. Ido not think that we are called upon to deal with this case at all. Mr John Cargill : I think that Mr Elliot has .shown that there should be some expression of opinion on the matter. I say that there is a great want of discipline in the merchant shipping at the present time, and which is productive of evil results. One cause which tends to bring about that want of discipline is the laxity of the law. The law is good, but the fault lies in its administration. Of late, instead of looking upon a case of theft committed on board ship in the same light as on a similar offence committed on shore, Magistrates say : "Oh, it's only poor Jack," and they treat him as a totally irresponsible person. The law is sufficient to protect property and life, but it is not put in force. The seaman Cotter refeired to in the letter had also been a sailor on board the Cospatrick, and was one of three who were saved. I was in London when the investigation into the cause of the loss of that vessel took place. The presumption that the ship was set on fire through the.cargo being broashed was a very strong one, and also that this man Cotter knew more about it than he chose to say. He may not have had anything to do with the broaching of the cargo, but the Board of Trade report said that no doubt the Cospatrick waa set on fire by marauding. I think that the Chamber should express some opinion as to the lenity and laxity whioh characterises the administration of the law in the cases of those who are brought up for broaching cargo on board ship. Mr R. Gillies: We are only wasting time, as we cannot come to any decision upon the letters. I may frankly say that 1 have often heard it remarked, and I have got the impression myself, that the administration of justice in regard to such cases is rather lax ; but I cannot vote for any motion which would bring any censure upon the Bench, even impliedly, without a full investigation of the mattei. It requires to be referred to a Committee, aud we are but wasting time in considering it all now. He concluded by moving—"That this Chamber approves of the action of the Committee in referring the memorial from the shipmasters to the Minister of Justice, in the hope that it will receive careful investigation." Mr John Cargill seconded the motion, which was then put and carried unanimously. ELECTION OF A MEMBER OP THE HAIJBOUR BOARD. The Chairman : The next business is to elect a member for the Otago Harbour Board. This iB a very important matter. One member of the new Board, which comes into being at the beginning of the year, is to be appointed by this Chamber. It will be for you to say now who that member is to be. I need not say a word as to the importance of the position. If any one has a member to nominate, they will be kind enough to do so. Mr John Cargill : I propose that Mr Tewsley represent the Chamber on the Harbour Board. He seems to have paid a great deal of attention to the work, and I do not know any more qualified member to represent us on the Harbour Board than Mr Tewsley. I therefore propose him. Mr M'Neil : I beg to second his nomination. Ido not know that I need add any words as to his capabilities for the position. He has had plenty of experience j for, in addition to his own work, he has helped me considerably, and has done the work of two men. lam sure that this Chamber will pay him the graceful compliment of sending him back, and it cannot send a man more likely to do its members credit on the new Board, which comes into operation at the beginning of the new year. I have, therefore, much pleasure in seconding his nomination. Mr Gilbert Mathkson : Without wishing to detract from your merit as a working member of the Board, I wish to propose Mr C. S. Reeves.

There being no other candidate proposed, The Chairman said : We had better proceed to the voting. I feel placed in a some what delicate position as Chairman, and I wish that Mr Cargill was here just now. Mr Matheson pointed out that his motion was not seconded.

Mr Maokerras : I will second it pro forma, Mr R. Gillies : May I ask if those who have proposed those gentlemen have their consent to act. A requisition was handed me last week asking a gentleman to stand that I knew would not do so. I think it is a pity that we should not be unanimous in a matter of this kind.

Mr Matheson : 1 believe that Mr Reeves is willing to stand. After some remarks from Mr Davie,

Mt M'Neil said: I have Mr Reeyes's distinct assurance that he has no intention whatever to stand.

Mr Davie : When, the matter was brought before Mr Reeves, he distinctly promised that he would stand if it were the wish of the Chamber. This morning, at 10.30, he sent a telegram stating that he would not stand. The Ch human : I may say that, ior some time past, I have been endeavouring to serve the Chamber, whose representative I have been on the Harbonr Board. I have acted to the best of my ability, and have given no small portion of time for the last four yeais to this matter of t Harbour improvement. I have done all in my power to serve the interests of this community as far as my judgment guided me. I think tbat I almost have claimed exemption from any further service on the ground of having done my best ia the past. Still, as it was desirable that there should be some members of the old Board upon the new one, and as Messrs M'Neil and Ritchie declined to stand, I decided that if I could be of any service to the Chamber of Commerce and to the mercantile community, my time should still be at the disposal of the Chamber.--(Applause.) Of course, if you think tha'; I I have done my duty, it will be for you to, show it by the manner in •vvhich you will record your votes. I have given my^ time unsparingly, and have acted conscientiously for the interests of the Board aa much as if I were trying to serve the firm of Messrs Sargood, Son. and Ewen. A person in my position could not expect to please everybody. If one has any character or individuality, it is to be expected that he will tread upon the toss of some person. I do not know that I have done so. I have done my best in the past, and if you elect me I will continue to do so in the future.— (Applause.) Mr Matheson, with the consent of Mr Mackekras, withdrew Mr Reeves' nomination. Mr Tewsley was then declared elected. VICTORIAN HUMANE SOCIETY. The following letter was also to have been considered, but was inadvertently overlooked. Victorian Humane Society, 15, Collies street West, Melbourne, November 20th, 1876. Sir—l have the honour to state for your information that thu .'Directors of the Victorian Humane Society respectfully request the cooperation of yourself and the members of the Association over which you preside, in order to secure, if possible, uniform legislation in the matter of providing the most efficient and approved Jite-ORVJDg [apparatus on board all

vessels registered in the Australian Colonies, and New Zealand.

I The Directors, being sensible of the unsatisfactory state of the law in Victoria on this sub ject, have presented a petition to tho Premier, the Hon. Sir James M'Culloch, praying that steps may be taken to compel Victorian shipowners to provide sufficient and more efficient life-saving apparatus on board their vessels. ! The Directors desire that the law should be amended, so that passenger and other vessels may be compelled to carry a supply of life saving appliances in proportion to the aumber of passengers, &c. "he present law only requires that a specified number of boats and two life-buoys be provided to the registered tonnage, without refarenr-e to the number of persons on board. The wany disastrous shipwrecks have clearly proved how inadequate are the measures taken for the preservation of the lives of the crews and passengers of the unfortunate vessels that have been unable to weather the severs gules to be met in the Australian waters. The GoveVnment have promised to give tho subject a careful consideration, and to elicit all available information, with the object of legialating upon this most important matter. It is evident, however, that the efforte of the Directors of the Victorian Humane Society will be comparatively futile unless tha co-operation of the other Colonies is obtained, so as to secure uniform legislation. The Directors have suggested to the Victorian shipowners the desirability of providing a sufficient number of cork life-jackets on board all their vessels, the cost of which may be covered by charging each person a small fee for the advantage secured. The importance of this subject is so great that the Directors request you will be good enough to urge upon the Government of New Zealand to bring the same before the con ference of representatives from the various Colonies who will shortly meet in Melbourne, The Directors will be glad to be informed of any action taken in this matter, which from its serious nature, it is hoped may bo dealt with promptly. --I hare, &c., J. Ellis Stewart, Honorary Secretary. The President, Chamber of Commerce, Dunedin, Otago, N.Z.