II

that these computations in compass deviation were worked out for Captain Allman by Captain Yon Schoen, a teacher of navigation in Wellington. At a later date, some time in February, 1898, Captain Yon Schoen went to Mr. Allport, Chief Clerk to the Marine Department, and made serious statements affecting the conduct of the Nautical Examiners, which are referred to in another part of our report. Upon this occasion he left with Mr. Allport his own book containing his original computations, from which had been taken those which he had supplied to Captain Allman, telling Mr. Allport at the same time that, if he would compare the computations in the book with the answers in the examination-papers of Captains Bendall and McLellan, he would find reason to think that the statements he had made were well founded. Mr. Allport seems to have thought, upon making the examination suggested, that this was so; but whether it was that the suspicion suggested in these cases was strengthened in his mind by other instances of wrong-doing asserted by Captain Yon Schoen, which were less open to doubt, or that his understanding of the points referred to in the computations became less clear after he had forgotten Yon Schoen's explanations, Mr. Allport certainly was not able to make clear to us any grounds of suspicion beyond those indicated by Captain Marciel. We feel unable, therefore, to carry this matter further than Captain Marciel, who appears to be a witness of high intelligence and competency, has already done in his report and in his evidence. The case of H. E. Walley may next be mentioned. The suggestion involved in the statements made in evidence is that this candidate was wrongfully obstructed, in presenting himself for examination, by a technical objection which had never been raised before, and that thereby he was subjected to inconvenience and injury. This candidate applied in October, 1898, to be examined for a mate's certificate, but was met by the objection, on the part of Captain Allman, that the service shown in his application did not comply with the regulations, because neither the full term of foreign-going service nor the full term of home service required by the regulations had been performed, although more than the full term of service had been fulfilled if that term could be made up partly of one kind and partly of the other. The view taken in the office of the Secretary of the Marine Department was opposed to that of Captain Allman, who was, however, supported by the opinion of the Solicitor-General. The question was referred to the various Marine Departments of the Australian Colonies and of Tasmania, with the result that different views were held upon the point. But from the London Board of Trade the opinion was obtained that the candidate ought to be allowed to make up his qualification partly by one kind of service and partly by the other. But it was new too late for the candidate to avail himself of the permission to be examined in New Zealand, and he was obliged to go to Sydney for that purpose —the only compensation made him for the delay being the return of his examination fee of 10s. 6d. The only comment which it concerns us to make upon this case is that no reason whatever has been given us to suppose that Captain Allman had any desire to " obstruct the candidate in his efforts to obtain a certificate," or to regard his objection as other than bond fide, supported as it was by a legal opinion, and by the practice of the Marine Departments of several other colonies. The case of Boderick Matheson is one in which the candidate stated in his application for examination for a master's certificate that he had not failed in any previous examination, whereas he had failed, in a previous examination at Melbourne, to satisfy the tests for vision. Captain Yon Schoen drew up this candidate's papers for him, and was cognisant of this suppression of fact. Mr. Matheson was again rejected upon the same grounds as in his previous examination. As this " suppression or non-disclosure.of fact" was by and on behalf of a candidate, and not on the part of any official person concerned in the examination, the case does not seem to call for any further remark. It appears, however, that Mr. Matheson, after a medical examination, was subsequently passed by Captains Marciel and Allman acting together. In the case of Peter Mclntyre, who was.examined in December, 1896, for a certificate as master, the candidate was at first rejected for failure to answer a

Marine 99/363.

Evidence, page 152.

Murine 98/M45,

ii