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Indian Defence Force
Exemptions from Military Duty
Exemptions from Military Duty
January
Indian Defence Force
The Rangoon Exemption Tribunal held a sitting at the office of the Controller of Munitions, no. 50 Sule Pagoda road ... The tribunal consisted of J.P. Hardiman, I.C.S., President, and D. Robertson, un-official member. Major D. Chambers was unable to attend. T.F.R. McDonnell appeared on behalf of the Military Authorities. Before proceeding with the day’s business the President said that owing to Major Chambers, the Military member, having done away at short notice on Military duty, the tribunal had agreed to consider only the applications which were not of a contentious nature. Any matters of a contentious nature would be adjourned until Major Chambers was present.
Mr J. Smith, Manager of the National Bank of India applied for partial exemption on behalf of two of his assistants, as the firm was working shorthanded. The application was adjourned to the next sitting.
The Hon. Mr E.O. Anderson of Messrs. Bulloch Bros. applied for partial exemption on behalf of Mr W.R. Gunning, Mill Manager.
Mr McDonnell: The general practice has been to keep one assistant at each mill.
Witness said that was so. The tribunal granted the application.
The same firm applied for total exemption for four months for their Mill Engineer, Mr J. Oliphant. This application too the tribunal granted.
There was another application on behalf of the same firm for total exemption in respect of Mr C.H. Samuel, European in charge of the Wolfram concession in Mergui. Mr Samuel took the place of Mr Bateman, who was granted total exemption and who was transferred to Rangoon. Mr Bateman’s total exemption would, therefore, cease and Mr Samuel would be granted total exemption instead.
Mr J. Swan of Messrs. Steel Bros. applied for partial exemption for Mr R.B. Howison, who was recently transferred to Rangoon from Calcutta where he had been granted partial exemption. He took the place of Mr J.M. Michie, who was also granted partial exemption. The tribunal granted Mr Howison partial exemption.
The same company also applied for partial exemption for Mr Michie, who has been transferred from Steel Bros. to the services of a new company formed to work the rice mills of a hostile firm. In this case also the tribunal granted partial exemption.
The same company applied for partial exemption on behalf of Mr S.E. Golding. Mr Golding hitherto had been granted no exemption and was employed imports department, but had now been transferred to be Manager of a mill. Up to the present the tribunal had granted one manager partial exemption in each case and they also granted it to Mr Golding.
The same company made application for total exemption on behalf of Mr E.G. Marriot, Mining Engineer, employed in a Wolfram mine at Tavoy. The tribunal accepted the Deputy Commissioner’s recommendation and granted the total exemption asked for.
Mr E.M. Cotton, Master Mariner, S.S. Glenogle, applied for total exemption on the ground that he was leaving Burma for the Straits to take charge of a special appointment. Mr Cotton said that he had over twenty year’s experience on sea. The tribunal passed the usual order, granting the applicant total exemption for one month within which period he was told to apply to the Chief Secretary to the Burma Government for a passport. The President would obtain a certificate for him.
Mr G. McKenzie applied for total exemption for three months on behalf of two European assistants of Messrs. McKenzie & Company. Mr E. Wigg and Mr J.W. Dunn, who belonged to the Port Defence Corps, on the ground that part of their works was going to be shifted to the Phoenix Coach Works. He had not made any written application but applied verbally. The grounds for his application, said Mr McKenzie, were these. About three months ago they had four European motor mechanics left in their employ. Government pressed them to open a branch at Tavoy so they sent one of their best European mechanics to open a branch there, which they could ill afford here as they were already shorthanded. As, however, the work was of national importance the firm opened a branch at Tavoy. Then the Government of Burma particularly requested them to release Mr R.W. Marris for the commandant-ship of the first Burma Ford Van Company. That was followed by a request from the Government to release Mr C. Colato to go with the Ford an Company as he was the firm’s European motor mechanic. Then they gave up their office and staff to Major Marris on his being made commandant of the company in order to facilitate the getting up of the Burma Ford Van Company’s. Major Marris obtained the commandant-ship on November 10th and was now in Mesopotamia with his company. The firm gave up a lot of their time in helping Major Marris to keep the Ford Van Company together. They had had no exemptions up to the present.
Mr McDonnell: You ask for no drills for three months? Mr McKenzie: Yes. Mr McDonnell: I have no objection.
The President said that the applicants Mr E. Wigg and Mr J.W. Dunn were both on the Rangoon Group Garrison Artillery Electrical Engineer Company and application for total exemption was made on their behalf on the ground that portion of McKenzie’s works was being shifted and their services would be suddenly needed. The two were granted total exemption for three months.
Mr A.E. Desmond, Chief Engineer, Rangoon Electric Tramway and Supply Company applied for total exemption on the ground that Mr Davidson was leaving and he was taking his place.
Mr McDonnell: Has Mr Davidson exemption, do you know? Mr Desmond: Yes, he has. The tribunal granted the application.
The application by Mr J. Robertson, Messrs. Macgregor and Co. for revision of the tribunal’s order refusing him exemption was adjourned to the next meeting.
Mr M. Roach, Manager of Messrs. Lawrence & Mayo, applied for revision of the order passed last month by the tribunal, who totally exempted him until January 15th.
Mr McDonnell: The head office in Bombay asks that you may reasonably apply for exemption from any service which may entail your departure from Rangoon even for a day.
Mr Roach: If you want I can put in my time in the early hours before I go to work. But I must point out that I have only two assistants and the office works from 9 a.m. to 5 p.m.
Mr McDonnell: Why not open the office from 8 a.m. to 4.30 p.m.?
Mr Roach: I am now doing the work of two men. I have to attend to all the work myself and keep late hours after the office is closed in the evening. The optical work for military officers, marine and mercantile and all industries, is under my observation.
Mr McDonnell: Why cannot you attend your four hours drill in the week? Mr Roach: That will interfere with the work in the office. Mr McDonnell: You cannot close half an hour earlier than you do at present?
Mr Roach: I can do it once in a way. Supposing I have got urgent work to get through, the drill will interfere with the office work to some extent. Besides, I have got to attend to the cash and got to work till late. I do not leave the office till 6.30 p.m. We are shorthanded and I have got desides to attend to big indents coming from Wolfram mining firms and other firms.
Mr McDonnell: You say that you leave office at 6.30 p.m. You can go back to office after drill.
Mr Roach: We have got real steady work coming in. I cannot explain to you the nature of my work definitely. I would not mind if I had assistance to depend upon to do the work. I am not shirking military duty. What I wish to point out is that I am in an awkward position.
Mr McDonnell: Being taken away from Rangoon is a different matter. We have got the selection committee to deal with that and I dare say the military authorities will consider that point. But here, you have your own proprietors of the head office writing to the effect that you may reasonably apply for exemption from any service which may entail your departure from Rangoon even for a day. That is all they ask for. The proprietors of your business do not put it higher than that if there is any danger of your going to Madras, for instance, you can always apply to the selection committee, who will consider the matter. I do not object to partial exemption of Mr Roach.
Mr Roach: Even with that, the organisation of the work may be interfered with. I leave it to the tribunal, but the work will suffer. The tribunal granted partial exemption.
The tribunal granted total exemption to eight assistants who were engaged as wireless operators on the application of the Postmaster General, Burma.
The following applicants were granted total exemption on the ground that they were engaged in the Wolfram industry: Mr C.N. deSouza of Tavoy, Mr H.M. James of Tavoy, Mr H.G. Eade of Tavoy, Mr F. McGuire Jones and Mr H. Vertannes.
The application of Mr B.M. Thomas, Superintendent of Excise, for total exemption on the ground of ill-health came next before the tribunal, who remitted the proceedings to the military medical authorities for their opinion.
The tribunal granted the application of Mr W.H. Goodchild, Accountant, Messrs. Finlay Fleming & Co. for partial exemption. Mr Goodchild took the place of Mr Sterling who left to join the forces.
On the recommendation of the Deputy Commissioner, Tavoy the tribunal granted partial exemption for six months to Mr J.C. Unger, Manager of the Hevea Rubber Estate. There were formerly two employees on the estate, one of whom had died and the Deputy Commissioner’s recommendation was to grant partial exemption until another person had been secured to fill the casualty.
The tribunal granted partial exemption to Mr J. Muir, Acting Manager of the Rangoon Para Rubber Estate who had not hitherto applied for any exemptions.
Total exemption was granted to Mr E.J. Catchick, Leading Fireman and Mr G.W. Davies, Second Officer, of the Municipal Fire Brigade, both of whom took the places of officers who were granted total exemptions and had now left the Fire Brigade.
Mr H.E. Hansen, Engineer, applied for total exemption on the ground that he was being appointed Engineer on an Irrawaddy Flotilla Company’s cargo steamer. He had hitherto been employed as an apprentice in the Port Trust and has been granted partial exemption. The tribunal granted the applicant total exemption, the President remarking that the applicant would receive a certificate of exemption in a say or so.
The last application was that of Messrs. T.D. Findlay & Son, Moulmein for total exemption for Mr J.B. Fressanges, employed in the forest at Nyaunglebin and Mr G.S. Harris, employed in the forest at Papun. Mr Harris was granted total exemption for six months, which expired in December and Mr Fressanges was granted total exemption until November 24th. The Revenue Secretary to the Government of Burma wrote supporting the application. The tribunal granted both applicants further six months total exemption dated from the date on which their exemption ceased.
The date of the next meeting will be published when it is fixed by the tribunal.
February
The Rangoon Exemption Tribunal held a sitting ... The tribunal consisted of J.P. Hardiman, I.C.S., President, D. Robertson, un-official member and Major L.D. Chambers. T.F.R. McDonnell appeared on behalf of the Military Authorities.
G. Blackstock on behalf of Mr J. Ritchie, Asst. of the Motor House Co., applied for total exemption on the ground that he was taking the place of an assistant who was gone on military service.
Mr McDonnell: How old is he? Mr Blackstock: He is 31.
Q. You do not say that the work of the Motor House Co. is of national importance? – You have already held that.
Q. On what ground do you base your application? - On the ground of other cases decided by the tribunal.
Q. Do you do any work for Government. - No.
Q. Have you got to do any work for the military authorities? – Yes, we sometimes do.
Q. I mean for military officers? – No.
Q. Why do you say that the work is of national importance? – I do not say it is. You say that.
Q. Certain businesses of motor companies do work of national importance, but your particular Motor House Company you say does not? – No. You have already laid down in this tribunal that the motor trade is of national importance. You have already exempted people engaged in motor works. At the last meeting you exempted two members.
Mr McDowell: They were down in Tavoy.
The President: Mr Blackstock is referring to Mr Eade and Dunne, who were given three months exemption on the ground that they would be engaged in removing part of Mr McKenzie’s workshop elsewhere.
Mr Blackstock said that Mr Linskell, late Manager of the Motor House Company, has gone with the Burma Ford Van Company and they had had to take one of the assistants from Messrs. Rowe and Co. and put him in charge of the Motor House Co. It was absolutely necessary that a European should be in charge. His reason for that was that when Mr Linskell was in charge he had to do several duties. He had to go one day to open a packet in connection with the Ford Van Co. and in his absence over Rs. 1000 were stolen from the safe. They had a business where there was only one man in charge and if he went away the business would have to close.
The President: Can’t you leave it to the selection committee? Mr Blackstock said that the selection committee had nothing to do with the Electrical Company, Port Defence Corps. He belonged to the Electrical Company, Port Defence and he was called upon every month to go to Syriam fort to run the lights and it was only to get him out of that that he wanted exemption.
Mr McDonnell: Is there a shortage of men in the electrical line? – I would not like to go into that question.
The President asked Mr McDonnell what were his views. Mr McDonnell said that he thought that the applicant took the place of a man who had gone away. That made things rather different. Mr Blackstock said he had applied for total exemption in respect of Mr Ritchie.
Mr McDonnell said he was afraid he must oppose the application if it was for dull exemption. Mr Blackstock said that was what he had been asking for.
The President: He (Mr Ritchie) is now mobilised in the local forts. Mr Blackstock said he went to the fort every month.
Mr McDonnell said that no man of the age of 31 should get total exemption. Mr Blackstock said the tribunal had already exempted men who were under 41 from general service.
Mr McDonnell: I do not know that the tribunal has. I leave it to the tribunal. But under instructions I have got from the General I must oppose the application.
In reply to a question by Mr Robertson, the President said that if the man had partial exemption that placed him in the reserve company. He (President) did not know that the reserve company was mobilised.
Mr Blackstock: If he can be taken off from going to Syriam fort I am prepared to withdraw the application. The President: Will it suit you, Mr Blackstock, if we give him partial exemption with liberty to you to apply later again in case you find that Mr Ritchie is not freed from mobilisation?
Mr Blackstock: Yes, that will suit. Mr Ritchie is quite prepared to put in his drills twice a week. I want to clear him off going to Syriam. The tribunal passed orders in the terms of the President’s suggestion.
National Bank of India
Mr Smith, Manager of the National Bank of India, applied for partial exemption for Mr T. Munro and Mr G. Kennedy, assistants.
Mr McDonnell said that his instructions were to agree to one of the two being exempted. Mr Smith could choose which of the two assistants be would have. Mr Smith said that they had eight men before, whereas now they had got only five assistants.
Mr McDonnell: That is a matter which the tribunal will not go into. At present you have four assistants and there is the fifth officer away. In the course of events, on Mr Kennedy being called upon to go to Madras you will have Mr Campbell to take his place. Mr Smith said that Mr Kennedy would have to leave for Madras before Mr Campbell came.
Mr McDonnell: The selection committee will possibly recognise that and put him in a later batch to go away.
The President: What is the case with the other banks? Mr Smith said in the case of the Hongkong bank, they had got two men, Mr Guinness, who was over age and Mr Winter, who he thought had been partially exempted.
The President: What about the Bank of Bengal?
Mr McDonnell said that Government had given them some exemptions.
The President: What about the Chartered Bank? Mr Smith thought that one man from that bank was away.
The President: Your application is for total exemption or partial? Mr Smith: Partial exemption for two men, Mr Munro and Mr Kennedy.
The President: What are your instructions Mr McDonnell? Mr McDonnell said that his instructions were to say that the military authorities had no objection to the exemption of one man and to point out that the bank was working with four assistants. Mr Campbell would be returning, and assuming that another man was taken away for three months, they would still have four assistants. However, would the arguments urged by Mr Smith not apply with greater force to the selection committee?
Mr Smith: That depends upon the selection committee, as to what they think about it. I would rather have the matter settled here.
The President: Don’t you think that you will be in a safer position if the tribunal granted exemption in the case of one assistant and left the case of the other to the selection committee? Mr Smith: Of course, that depends upon what view the selection committee take.
The tribunal granted the application in one instance and left the other to abide by the decision of the selection committee.
The President: Which gentleman will you have partial exemption for? Mr Smith said for Mr Kennedy who was accordingly exempted.
Bulloch Bros.
Messrs. Bulloch Bros. applied for temporary total exemption for four months on behalf of Mr G. Leggat and Mr P. McGregor, Engineers of their Lower Pazundaung rice mill, on behalf of Mr W. Craig, Engineer of their Kemmendine mill and Mr H.E. Mann, Engineer of their Kanoungto mill. Major Chambers asked what the position of the men was. Were they liable for general service? The representative of Bulloch Bros. said that they did local service. The President said that they gave Mr Oliphant partial exemption last week on the ground that the other two engineers would do their drills. Mr McDonnell: I am opposed to total exemption being granted.
The President, in disposing of the application, said that each of the three mills had got three engineers. At the Kanoungto mill two out of the three were not at present liable to military service. The same was the case at Kemmendine. At Pazundaung one of the three engineers was not liable to service and the other two were. The application had been decided by the military member and himself (President) as Mr Robertson, the other member of the tribunal, was a rice miller. The order of the tribunal was that they would grant exemption to Mr Leggat or Mr McGregor at the Lower Pazundaung mill for four months. In the case of Mr Craig and Mr Mann, the tribunal regretted that they could not grant their applications. The application, the President added, was made in view of the fact that the mills were working at hig pressure and milling rice for the Food Controller. Mr Leggat was accepted by Messrs. Bulloch Bros. as the engineer for exemption.
Gillanders Arbuthnot & Co.
Messrs. Gillanders Arbuthnot and Company applied on behalf of Mr A.E. Foster, Assistant in charge of their shipping department, for partial exemption as long as the company were doing work for Government. The military representative did not oppose the application and the tribunal granted the applicant partial exemption for six months.
Finlay Fleming & Co.
The tribunal ranted partial exemption to Mr A.C. De Morgan, who had joined the cotton and produce department in Rangoon of Messrs. Finlay Fleming and Company, who had lost two assistants gone on military duty.
London and Burma Wolfram Co.
The tribunal next considered the applications of Messrs J.J. Timmins and J.H. Elliot, of the London and Burma Wolfram Co., Paungdaw, Tavoy, for exemption on the ground that they were leaving Burma. Both men were granted total exemption for one month.
Medical Applications
Mr B.M. Thomas, Superintendent of Excise, applied for exemption on medical grounds. He had been placed in medical category D, and the President said the tribunal did not think that any certificate was required under the circumstances. Men placed in that category were unfit for military service and would not be called upon to do military duty.
Similar orders were passed by the tribunal on the application for Mr J.P. Gregory of Brooking street, who had been declared medically unfit for military duty and placed in class D.
United Engineers Ltd.
The application of the United Engineers Ltd. for partial exemption on behalf of Mr Pitkeathley, Engineer, was adjourned to the next meeting.
Revision Case
The revision case of Mr J. Robertson of Messrs. Macgregor & Co. from an order recently passed by the tribunal refusing to grant him exemption was the last one for disposal. The President said that Mr Robertson was addressing the government in the matter and had asked for a further adjournment in his case. The case was adjourned to Saturday when the tribunal will sit again at 10.30 a.m.
The Rangoon Exemption Tribunal held a sitting at the office ...
The first application was that of Mr B.O. Marcelline, Stenographer, Revenue Secretary Office, who applied for total exemption on the ground that he was a conscientious objector. The objection was raised in the following letter addressed in the first instance to the Commissioner of Police on 2nd Feb. 1917 : “Sir, I respectfully beg to ask that I may be exempted from rendering military service as required by the registration ordnance of 1917. I beg to state below my reasons for this request and sincerely hope that my prayer may be granted I beg to add for your information that prior to the advent of the registration I wrote to Major Houldey of the Rangoon Rifles (Dist. Magistrate) my reasons for not enlisting when asked to do so in the volunteer force. I am Christian and the chief doctrines which I believe and hold preclude me from bearing arms or rendering personal service in a fighting force. I am a member of the International Bible Students Assoc., organised under the laws of Great Britain, with its chief office at 34 Craven Terrace, London. I subscribe to and am in harmony with the religious doctrines taught by the said association, the chief of which are that all its members avow a full consecration of will, heart and life to God’s service – as footstep followers of the Lord Jesus Christ and the doctrines and teachings concerning his Kingdom of peace and goodwill. I am obliged by my conscience and in the engagement with the said association to follow peace with all men and to do violence or injury to none. That such is in harmony with the teachings of the Master Christ Jesus, that his followers practised non-resistance. While Christians are enjoined to be subject to the “powers the be – Kings, Governors, Magistrates” – this is not to be understood as meaning the renouncement of their fidelity to the King of Kings and the Lord of Lords. He is their over-lord. Their allegiance to earthly laws and powers and their commands are merely to the extent that they do not conflict with the commands of their over-lord. It is not for them to set up standards for others. Conscience is an individual matter. It would be as wrong for Bible students to antagonise earthy governments and to oppose enlistments in the Army and Navy under the call of earthly governments, as it would be wrong for others to force their opinions upon Bible students contrary to their conscience. They are to be subject to these governments for it to appreciate them. But all this should not break their relationship to the Heavenly King and his commands. These come first with bible students, each according to his own conscience in respect to the meeting of the Lord’s word. Yours faithfully etc.”
Mr McDonnell : All that I have got to say about this man is that he claims for exemption on the ground of his being a conscientious objector. This Act does not recognise any such case for exemption. In the United States of America no application is allowed for such exemption. It is only in England.
Major Chambers : The English Act does not apply to India or here.
Mr McDonnell : Under the Indian Defence Force Act no claim for exemption for a conscientious objector is allowed.
The President : There are three grounds on which you can exempt.
Mr McDonnell : Yes. The Chairman : Holy Orders is one and the others? Have you got the act?
Mr McDonnell : I have the act here. The three exceptions were are follows:-
1. Members of his Majesty’s Navy and Military Forces or of the Royal Indian Marine Service other than volunteers enrolled under the Indian Volunteer Act. 1869.
2. Persons in Holy Orders or regular Ministers of any religious domination.
3. Persons who have at any time since the beginning of the war been prisoners of war, captured or interned by the enemy or have been released or exchanged.
The Chairman : Mr Marcelline is not present, is he? Mr McDonnell : No.
In disposing of the application, the President said that the Indian Defence Force Act contained no provision for granting exemption on conscientious grounds and Mr Marcelline did not come within any of the exceptions in the Act. Consequently the tribunal had no alternative but to reject the application.
Revision Case
Mr A. Robertson, Manager, Messrs. Macgregor & Co. applied for revision of the order of the tribunal refusing his application for total exemption on personal grounds.
At the request of the applicant, who had grounds to urge which he considered should not be considered in public, the tribunal heard the application in the President’s chambers. The chief reason that was urged was that the applicant could not in view of his work devote even an hour a week to drill and he would like to be free from drills altogether.
Mr McDonnell said that there was no reason why Mr Robertson should not do an hour’s drill a week.
The President in passing orders said : The application was of Messrs. Macgregor & Co. in revision on behalf of Mr A. Robertson, Manager, who asks for total exemption. The decision of the tribunal is give by the majority, who decide that they are not prepared to revise the earlier order of the tribunal refusing Mr Robertson’s exemption.
London Rangoon Trading Company
Mr Sinclair applied on behalf of four engineers of the London Rangoon Trading Company for temporary total exemption for Mr W.H. James, Engineer, Kanoungto ; for total exemption for six months for Messrs. J.L. Grey, Engineer, Bassein and J.C. Allan, Kemmendine ; and temporary exemption for total exemption for dour months for Mr J.F. Spiers, Engineer at Akyab.
Mr McDonnell : You are asking for exemption on behalf of four engineers? Mr Sinclair : Yes, I am asking for total exemption for one at Akyab. Mr McDonnell : You ask for total exemption for four months on behalf of Mr Spiers during the busy season? Mr Sinclair : Yes.
Mr McDonnell : I have no objection. But is it worth while troubling about that in view of the recent announcement?
The President : The recent announcement is not official, so far as I know. Mr McDonnell : There is the speech of the Viceroy published in the papers.
The tribunal granted the application in the terms of the prayer of the applicant firm.
United Engineers Ltd.
Mr Bray of the United Engineers Ltd. applied for total temporary exemption on behalf of Mr Pitceathley, who had recently come to Rangoon from Penang.
Mr McDonnell : He was there in the volunteer force? Mr Bray : Yes and was declared unfit on account of his eye-sight. The President : Could you not leave it to the selection committee, Mr Bray, to decide the matter? Mr Bray : I would rather like it disposed of here. Mr McDonnell : Are you doing work of national importance? Mr Bray : Yes, we are doing work for railways and other work as well. The President : What are your views Mr McDonnell? Mr McDonnell : I leave it to the tribunal.
The President : The tribunal consider that this matter is one for the selection committee and regret that they cannot accept the application.
Steel Bros.
Mr Swan on behalf of Steel Bros. applied for temporary total exemption on behalf of Mr Hutton, Engineer at Kanoungto, up to April 30th and for Messrs. Gardner and Sutherland up to May 15th 1918.
The tribunal granted the application.
John Dickinson & Co.
Mr T.H. Drier, Manager of Messrs. John Dickinson & Co. applied for partial exemption on behalf of himself on the ground that he was the only European member of the firm in Rangoon.
The President : Don’t you think the selection committee is the proper tribunal to deal with this matter? Mr McDonnell : I think you ought to leave it to the selection committee. The tribunal considered the application was one which should be dealt with by the selection committee.
Mr H.A. Seymour, Marine Engineer, was granted one month’s total exemption on the ground that he was leaving Burma.
Mr J.W. Jury, Engineer employed on Wolfram mines, applied through the High Speeds Alloy Mining Co. for total exemption, which was granted.
Mr J.B. Sutherland, Barrister-at-law, applied for total exemption on medical grounds. Mr McDonnell said the Mr Sutherland was apparently in class C and on that ground he asked for exemption. He should have thought that this was a matter for the medical officer of the corps. He understood that on a previous occasion exemption was granted for six months. The President in disposing of the application said that the tribunal thought that the matter was one for the military medical authorities and that no certificate from them was needed.
The Arracan Co. Ltd. applied on behalf of Mr T. Ellis, Mill Engineer, Daboung, for total exemption for four months. The President said that the application was decided by the military member and himself, as the other member was concerned with the firm applying. The exemption was granted as prayed for.
This was all the business.
The first application was that of Mr B.O. Marcelline, Stenographer, Revenue Secretary Office, who applied for total exemption on the ground that he was a conscientious objector. The objection was raised in the following letter addressed in the first instance to the Commissioner of Police on 2nd Feb. 1917 : “Sir, I respectfully beg to ask that I may be exempted from rendering military service as required by the registration ordnance of 1917. I beg to state below my reasons for this request and sincerely hope that my prayer may be granted I beg to add for your information that prior to the advent of the registration I wrote to Major Houldey of the Rangoon Rifles (Dist. Magistrate) my reasons for not enlisting when asked to do so in the volunteer force. I am Christian and the chief doctrines which I believe and hold preclude me from bearing arms or rendering personal service in a fighting force. I am a member of the International Bible Students Assoc., organised under the laws of Great Britain, with its chief office at 34 Craven Terrace, London. I subscribe to and am in harmony with the religious doctrines taught by the said association, the chief of which are that all its members avow a full consecration of will, heart and life to God’s service – as footstep followers of the Lord Jesus Christ and the doctrines and teachings concerning his Kingdom of peace and goodwill. I am obliged by my conscience and in the engagement with the said association to follow peace with all men and to do violence or injury to none. That such is in harmony with the teachings of the Master Christ Jesus, that his followers practised non-resistance. While Christians are enjoined to be subject to the “powers the be – Kings, Governors, Magistrates” – this is not to be understood as meaning the renouncement of their fidelity to the King of Kings and the Lord of Lords. He is their over-lord. Their allegiance to earthly laws and powers and their commands are merely to the extent that they do not conflict with the commands of their over-lord. It is not for them to set up standards for others. Conscience is an individual matter. It would be as wrong for Bible students to antagonise earthy governments and to oppose enlistments in the Army and Navy under the call of earthly governments, as it would be wrong for others to force their opinions upon Bible students contrary to their conscience. They are to be subject to these governments for it to appreciate them. But all this should not break their relationship to the Heavenly King and his commands. These come first with bible students, each according to his own conscience in respect to the meeting of the Lord’s word. Yours faithfully etc.”
Mr McDonnell : All that I have got to say about this man is that he claims for exemption on the ground of his being a conscientious objector. This Act does not recognise any such case for exemption. In the United States of America no application is allowed for such exemption. It is only in England.
Major Chambers : The English Act does not apply to India or here.
Mr McDonnell : Under the Indian Defence Force Act no claim for exemption for a conscientious objector is allowed.
The President : There are three grounds on which you can exempt.
Mr McDonnell : Yes. The Chairman : Holy Orders is one and the others? Have you got the act?
Mr McDonnell : I have the act here. The three exceptions were are follows:-
1. Members of his Majesty’s Navy and Military Forces or of the Royal Indian Marine Service other than volunteers enrolled under the Indian Volunteer Act. 1869.
2. Persons in Holy Orders or regular Ministers of any religious domination.
3. Persons who have at any time since the beginning of the war been prisoners of war, captured or interned by the enemy or have been released or exchanged.
The Chairman : Mr Marcelline is not present, is he? Mr McDonnell : No.
In disposing of the application, the President said that the Indian Defence Force Act contained no provision for granting exemption on conscientious grounds and Mr Marcelline did not come within any of the exceptions in the Act. Consequently the tribunal had no alternative but to reject the application.
Revision Case
Mr A. Robertson, Manager, Messrs. Macgregor & Co. applied for revision of the order of the tribunal refusing his application for total exemption on personal grounds.
At the request of the applicant, who had grounds to urge which he considered should not be considered in public, the tribunal heard the application in the President’s chambers. The chief reason that was urged was that the applicant could not in view of his work devote even an hour a week to drill and he would like to be free from drills altogether.
Mr McDonnell said that there was no reason why Mr Robertson should not do an hour’s drill a week.
The President in passing orders said : The application was of Messrs. Macgregor & Co. in revision on behalf of Mr A. Robertson, Manager, who asks for total exemption. The decision of the tribunal is give by the majority, who decide that they are not prepared to revise the earlier order of the tribunal refusing Mr Robertson’s exemption.
London Rangoon Trading Company
Mr Sinclair applied on behalf of four engineers of the London Rangoon Trading Company for temporary total exemption for Mr W.H. James, Engineer, Kanoungto ; for total exemption for six months for Messrs. J.L. Grey, Engineer, Bassein and J.C. Allan, Kemmendine ; and temporary exemption for total exemption for dour months for Mr J.F. Spiers, Engineer at Akyab.
Mr McDonnell : You are asking for exemption on behalf of four engineers? Mr Sinclair : Yes, I am asking for total exemption for one at Akyab. Mr McDonnell : You ask for total exemption for four months on behalf of Mr Spiers during the busy season? Mr Sinclair : Yes.
Mr McDonnell : I have no objection. But is it worth while troubling about that in view of the recent announcement?
The President : The recent announcement is not official, so far as I know. Mr McDonnell : There is the speech of the Viceroy published in the papers.
The tribunal granted the application in the terms of the prayer of the applicant firm.
United Engineers Ltd.
Mr Bray of the United Engineers Ltd. applied for total temporary exemption on behalf of Mr Pitceathley, who had recently come to Rangoon from Penang.
Mr McDonnell : He was there in the volunteer force? Mr Bray : Yes and was declared unfit on account of his eye-sight. The President : Could you not leave it to the selection committee, Mr Bray, to decide the matter? Mr Bray : I would rather like it disposed of here. Mr McDonnell : Are you doing work of national importance? Mr Bray : Yes, we are doing work for railways and other work as well. The President : What are your views Mr McDonnell? Mr McDonnell : I leave it to the tribunal.
The President : The tribunal consider that this matter is one for the selection committee and regret that they cannot accept the application.
Steel Bros.
Mr Swan on behalf of Steel Bros. applied for temporary total exemption on behalf of Mr Hutton, Engineer at Kanoungto, up to April 30th and for Messrs. Gardner and Sutherland up to May 15th 1918.
The tribunal granted the application.
John Dickinson & Co.
Mr T.H. Drier, Manager of Messrs. John Dickinson & Co. applied for partial exemption on behalf of himself on the ground that he was the only European member of the firm in Rangoon.
The President : Don’t you think the selection committee is the proper tribunal to deal with this matter? Mr McDonnell : I think you ought to leave it to the selection committee. The tribunal considered the application was one which should be dealt with by the selection committee.
Mr H.A. Seymour, Marine Engineer, was granted one month’s total exemption on the ground that he was leaving Burma.
Mr J.W. Jury, Engineer employed on Wolfram mines, applied through the High Speeds Alloy Mining Co. for total exemption, which was granted.
Mr J.B. Sutherland, Barrister-at-law, applied for total exemption on medical grounds. Mr McDonnell said the Mr Sutherland was apparently in class C and on that ground he asked for exemption. He should have thought that this was a matter for the medical officer of the corps. He understood that on a previous occasion exemption was granted for six months. The President in disposing of the application said that the tribunal thought that the matter was one for the military medical authorities and that no certificate from them was needed.
The Arracan Co. Ltd. applied on behalf of Mr T. Ellis, Mill Engineer, Daboung, for total exemption for four months. The President said that the application was decided by the military member and himself, as the other member was concerned with the firm applying. The exemption was granted as prayed for.
This was all the business.
March
A sitting at 10.30 a.m. on Monday ... was composed of J.P. Hardiiman, I.C.S., President, and D. Robertson and Major D.L. Chambers as members. In the remaining cases F. Watson, took the place of Mr Robertson. T.F.R. McConnell represented the Military Authorities.
The President said that the first case was one of revision by Mr B.O. Marcelline, Stenographer in the Revenue Secretary’s Office. On the last occasion, it will be remembered, the tribunal rejected the application dated 22nd Feb. 1917, which was in the first instance made to the Commissioner of Police on what was considered by the tribunal to be conscientious grounds.
The application for revision dated 14th Feb. 1918 stated that with reference to his claim to exclusion from service in the Indian Defence Force made to the Commissioner of Police at the time registered on 4th Feb. 1917, he respectfully submitted that mistakes appeared to have arisen which tended somewhat to prejudice his chances of a strictly fair hearing. Section 3 (1) of Ordinance 1 of 1917 required every male European British subject to fill up and submit form A for registration, together with a statement of any claim to be within the exceptions of schedule 2. He had availed himself of that ruling and submitted to the Commissioner of Police a very brief statement of his claim and expected (1) to be called upon on application for further particulars as provided for in section 3 (2) ; or (2) that he would be given a careful hearing by the District Magistrate under section 4. He had begun to hope that he had been automatically excluded in the same way as regular Ministers and others engaged on missionary work.
But on 8th Dec. 1917 he was called up at the request of the Military Authorities by the Asst. Commissioner of Police under section 160 of the code for explanation as to why he had not reported himself to the Military Authorities. He explained that his claim for exclusion submitted at the time of registration in February, 1917, had not been decided, but he had nevertheless, rather than be obstructive, complied with the orders of the Military Authorities at Maymyo and also reported his return to Rangoon. That explanation was accepted by the Asst. Commissioner of Police, who told him that he (applicant) had complied, so far as he could see, with all that had so far been required of him and he, (Asst. Commissioner of Police) in his presence telephoned to the Adjutant Rangoon Rifles and said so.
The applicant merely mentioned that incident to prove that up to that date at least, (i.e. ten months after registration) he was still regarded as a civilian by the Military Authorities. On 4th Feb. however, (i.e. exactly one year after registration and submission of his claim to be excluded) without any intimation of any nature he was treated as a Military defaulter, when a Sergeant and two Privates came to the Secretariat to arrest him in the presence of the whole office. He was however, allowed to go alone to headquarters.
On arrival there, he interviewed the officer commanding and the adjutant, Rangoon Rifles, to whom he again explained his position and pointed out that so far as he understood his claim for exclusion under exception (2) of schedule 2 of Ordinance 1 of 1917, should be considered by the Dist. Magistrate and decided before he came under the operations of the Indian Defence Force Act. Moreover he had in his possession a brief note of certain sections of the ordinance, which he submitted to the officer commanding Rangoon Rifles at his request and that officer was good enough to submit it to the general officer commanding Rangoon Brigade.
He understood from them also that he had carried out all that had been so far required of him. He therefore naturally expected some orders and was much surprised to find only five days later a report in the newspapers to the effect that his application had been rejected by the exemption tribunal. He most respectfully begged to submit (1) that he had made no application for exemption to the exemption tribunal ; (2) he did not even know that his case was before the tribunal and was not even given an opportunity of being heard section (7) of notification 471 of 27th Feb. 1917, provided for seven clear days’ notice in cases coming up before the tribunal ; (3) his representation to the Commissioner of Police was but a brief outline of his case as he fully expected to establish his clam later to the District Magistrate under section 4 of Ordinance 1 ; (4) his claim for exclusion under exception (2) of schedule 2 was not based on sentimental grounds, nor merely on conscientious scruples but on a deep settled conviction that constituted as he was (i.e. in holy orders,) of which he hoped to be able to satisfy the District Magistrate he had no option; (5) his reference to “conscience” no doubt led to his being classed as a conscientious objector ; that was not quite correct, as though a man truly in holy orders must be a conscientious objector, a conscientious objector need not necessarily even be a Christian, still less in holy orders.
He respectfully begged to submit that the procedure in his case was ab initio faulty and unjustified by the provisions of either ordinance or the act. Also that the tribunal had no jurisdiction in the matter as the point to be decided first of all was whether he was liable for enrolment in the Indian Defence Force, whereas the tribunal under various circumstances granted exemption from service after enrolment. He accordingly begged to request that the tribunal would kindly cancel their proceedings or take such steps as they might deem necessary to avoid his being unjustly treated.
Mr McDonnell said that he had been asked by the Military Authorities to state that they did not consider the question of Mr Marcelline’s claim to arise on the ground that the question that he was in holy orders or a Minister of some denomination was not one for the tribunal to decide. However, if Mr Marcelline wished to apply to the tribunal for exemption on conscientious grounds he would have no objection to his application being heard then. The position was this. Mr Marcelline originally wrote to the Commissioner of Police in Feb. 1917. In that letter no claim was made on the ground that he came within the term of the Registration Ordinance 1, schedule 2 of 1917.
The President: What is schedule 2? Mr McDonnell said it referred to persons in holy orders, or regular Ministers of any religious denomination.
The President: Are those persons exempted from registration? Mr McDonnell: Yes. Persons in holy orders or regular Ministers are exempted under that schedule.
Mr Marcelline: I should be glad to be given an opportunity to state - The President: Will you please sir down Mr Marcelline while Mr McDonnell is addressing us?
Mr McDonnell said that on 22nd February 1917 the applicant had written to the Commissioner of Police asking to be exempted from military service as required by the registration ordinance 1 of 1917, that he then set forth the grounds upon which he made the application that he was a member of the International Bible Students’ Association, England and his conscience obliged him to comply with a certain line of conduct and he asked that he might be exempted from military service. There was throughout that letter not a single word suggesting that he was either a person in holy orders or a regular Minister of any religious denomination. Therefore he (Mr McDonnell) added, no application was made to the Commissioner of Police asking that the prescribed authority might deal with the matter or that it be referred to the District Magistrate. That letter was sent to the exemption tribunal and in the absence of Mr Marcelline it was treated as an application for exemption and not as an application to be declared a person who was in holy orders or a regular Minister of any religious denomination. It was an application for exemption on conscientious grounds. As Mr Marcelline was not present on the last occasion he had no objection to his being now heard. But what he (Mr McDonnell) submitted was that this tribunal had no jurisdiction at all to deal with the question as to whether he was a person in holy orders or whether he was a regular Minister of any religious denomination.
Mr Marcelline had written again since this tribunal had given its decision and in the second letter dated 14th Feb. he set out a number of facts and made a number of statements. He stated that he hoped he would have been automatically excluded in the same way as regular Ministers and others engaged on missionary work. He suggested that he was in holy orders. Whether that was so or not it was not a matter for the consideration of the exemption tribunal. The question as to whether or not he was in holy orders was one which might be referred by the prescribed authority, to the District Magistrate.
The President: Not to the tribunal? Mr McDonnell: No. The President: Will you kindly read that section? Mr McDonnell read section 3, which provided that every male European British subject, who on February 1st 1917 was ordinarily resident in India or thereafter became a resident and who for the time being attained the age of eighteen years and had not attained the age of forty one years and who was not within the exceptions set out in the schedule of the Act., should be deemed to be enrolled for general military service within the meaning of the Act.
The President: Di you fill the registration form? Mr Marcelline: Yes.
Mr McDonnell then read section 4 which provided that the prescribed authority might apply to the District Magistrate for orders in certain cases. The President: You have been actually registered? Mr Marcelline: Yes.
The President: Will you kindly give me the section? Mr McDonnell said that the section was 9, which provided that if any question arose with reference to the act, whether any person was a European British subject within the meaning of the act, or was an ordinary resident in British India, or was within the exception set out in the schedule, or as to the age of any person, the prescribed authority, or person authorised, on that behalf in writing by authority should apply to the District Magistrate or any officers specially empowered in that behalf in writing.
The President: According to the regulation ordinance, the prescribed authority was the Commissioner of Police and he should have referred the matter. The tribunal cannot refer that question only the military authorities can. Is that your position Mr McDonnell? Mr McDonnell: Yes, I say that the Commissioner of Police is perfectly correct in not referring the case, because Mr Marcelline has no claim to any religious exemption from military service on conscientious grounds. Therefore, as far as the Commissioner of Police and the registration ordinance are concerned, they are not to be considered. In regard to the application under the I.D.F. Act, the tribunal is not the prescribed authority. The General Officer Commanding is the prescribed authority and I am instructed to inform the tribunal and Mr Marcelline that the General Officer Commanding does not consider that the question arises as to whether Mr Marcelline is a person in holy orders.
Mr Marcelline: In that case I should ask to have an opportunity of being heard by the General Officer Commanding or by the District Magistrate.
Mr McDonnell: Mr Marcelline can take any action that he thinks fit. If any further application is made, I am instructed to oppose it. That is the matter so far as the tribunal is concerned. If Mr Marcelline wishes to proceed with his application for exemption before this tribunal on conscientious grounds or other grounds that he may have he can do so.
The President: As far as I can see, first of all, Mr McDonnell, you claim that the tribunal have no jurisdiction to deal with the application. But you have no objection to the application being heard if he bases it on conscientious grounds.
Mr Marcelline: I base my claim on holy orders. Mr McDonnell: Then I say that it cannot be considered. Mr Marcelline: I ask that the matter go before the District Magistrate. It must go before him according to the registration ordinance.
The President: The we shall not pass any orders on your application and we cannot refer it.
Mr Marcelline: It is left to the General Officer Commanding to deal with it. As I was not present on the last occasion, I may state that Mr McDonnell had stated that applications of conscientious objectors were not entertained by the United States Government. I have an article here from an American paper which distinctly states that such objections are allowed in the United States.
Mr McDonnell: Where did you get that? Mr Marcelline: It was reported in the newspapers. Mr McDonnell: I am not accountable for what appears in the newspapers. I know that they are recognised in England. Mr Marcelline: If such claims are recognised in England, why not here and in India? Why should I suffer for that? Mr McDonnell: Don’t ask me that. It is a matter that you can address the Government of India. We are not the legislators of the Act.
Mr Marcelline told the President that he wanted his case to go before the District Magistrate. Mr McDonnell: I understand that he does not claim exemption. Mr Marcelline: After the District Magistrate has decided my case against me I think I have got the right to appeal to the exemption tribunal. The President: We can make no promise about that.
The tribunal then adjourned to deliberate on the matter. After a short absence, the President, in disposing of the case said that the application was one in revision of an order passed by the tribunal on 9th Feb. to cancel the previous proceedings or to take such steps as might be necessary to avoid Mr Marcelline being unjustly treated. The tribunal was not satisfied that the application that came before it on 9th Feb. was not an application with which it could deal. Mr Marcelline’s application commenced as follows:- “I respectfully beg to ask that I may be exempted from rendering military service as required by the registration Ordinance 1 of 1917.” Being of the opinion that there was a prima facie case justifying the tribunal to consider that the matter was within their jurisdiction, the tribunal in revision would not cancel their previous decision. Mr Marcelline should if he so desired take any further step which was apparently open to him for a hearing of his case by the District Magistrate under section 9 of the Indian Defence Force Act.
Other Applications
The tribunal considered an application of Messrs. Ellerman Rice Mills (Burma) for total temporary exemption in respect of two engineers employed at their Tavoy rice mills, Mr R.G. Kay and Mr W. Carr. The application of Mr Kay only for total temporary exemption for four months was granted.
The tribunal granted partial exemption, recommended by the Deputy Commissioner, Tavoy, to Mr A.W. Hothersall and Mr J.E. Ditcher, of the High Speed Alloys Mining Co., Tavoy.
The Deputy Commissioner, Tavoy, also recommended total exemption in respect of Mr V.A.R. Sutherland, of the Tavoy Wolfram Mines Ltd. The tribunal accepted the recommendation.
Mr Eric Williams of Messrs. J.W. Darwood & Co. was granted total exemption for one months on the ground that he was leaving Burma, so as to enable him to apply for passports.
The President said that the first case was one of revision by Mr B.O. Marcelline, Stenographer in the Revenue Secretary’s Office. On the last occasion, it will be remembered, the tribunal rejected the application dated 22nd Feb. 1917, which was in the first instance made to the Commissioner of Police on what was considered by the tribunal to be conscientious grounds.
The application for revision dated 14th Feb. 1918 stated that with reference to his claim to exclusion from service in the Indian Defence Force made to the Commissioner of Police at the time registered on 4th Feb. 1917, he respectfully submitted that mistakes appeared to have arisen which tended somewhat to prejudice his chances of a strictly fair hearing. Section 3 (1) of Ordinance 1 of 1917 required every male European British subject to fill up and submit form A for registration, together with a statement of any claim to be within the exceptions of schedule 2. He had availed himself of that ruling and submitted to the Commissioner of Police a very brief statement of his claim and expected (1) to be called upon on application for further particulars as provided for in section 3 (2) ; or (2) that he would be given a careful hearing by the District Magistrate under section 4. He had begun to hope that he had been automatically excluded in the same way as regular Ministers and others engaged on missionary work.
But on 8th Dec. 1917 he was called up at the request of the Military Authorities by the Asst. Commissioner of Police under section 160 of the code for explanation as to why he had not reported himself to the Military Authorities. He explained that his claim for exclusion submitted at the time of registration in February, 1917, had not been decided, but he had nevertheless, rather than be obstructive, complied with the orders of the Military Authorities at Maymyo and also reported his return to Rangoon. That explanation was accepted by the Asst. Commissioner of Police, who told him that he (applicant) had complied, so far as he could see, with all that had so far been required of him and he, (Asst. Commissioner of Police) in his presence telephoned to the Adjutant Rangoon Rifles and said so.
The applicant merely mentioned that incident to prove that up to that date at least, (i.e. ten months after registration) he was still regarded as a civilian by the Military Authorities. On 4th Feb. however, (i.e. exactly one year after registration and submission of his claim to be excluded) without any intimation of any nature he was treated as a Military defaulter, when a Sergeant and two Privates came to the Secretariat to arrest him in the presence of the whole office. He was however, allowed to go alone to headquarters.
On arrival there, he interviewed the officer commanding and the adjutant, Rangoon Rifles, to whom he again explained his position and pointed out that so far as he understood his claim for exclusion under exception (2) of schedule 2 of Ordinance 1 of 1917, should be considered by the Dist. Magistrate and decided before he came under the operations of the Indian Defence Force Act. Moreover he had in his possession a brief note of certain sections of the ordinance, which he submitted to the officer commanding Rangoon Rifles at his request and that officer was good enough to submit it to the general officer commanding Rangoon Brigade.
He understood from them also that he had carried out all that had been so far required of him. He therefore naturally expected some orders and was much surprised to find only five days later a report in the newspapers to the effect that his application had been rejected by the exemption tribunal. He most respectfully begged to submit (1) that he had made no application for exemption to the exemption tribunal ; (2) he did not even know that his case was before the tribunal and was not even given an opportunity of being heard section (7) of notification 471 of 27th Feb. 1917, provided for seven clear days’ notice in cases coming up before the tribunal ; (3) his representation to the Commissioner of Police was but a brief outline of his case as he fully expected to establish his clam later to the District Magistrate under section 4 of Ordinance 1 ; (4) his claim for exclusion under exception (2) of schedule 2 was not based on sentimental grounds, nor merely on conscientious scruples but on a deep settled conviction that constituted as he was (i.e. in holy orders,) of which he hoped to be able to satisfy the District Magistrate he had no option; (5) his reference to “conscience” no doubt led to his being classed as a conscientious objector ; that was not quite correct, as though a man truly in holy orders must be a conscientious objector, a conscientious objector need not necessarily even be a Christian, still less in holy orders.
He respectfully begged to submit that the procedure in his case was ab initio faulty and unjustified by the provisions of either ordinance or the act. Also that the tribunal had no jurisdiction in the matter as the point to be decided first of all was whether he was liable for enrolment in the Indian Defence Force, whereas the tribunal under various circumstances granted exemption from service after enrolment. He accordingly begged to request that the tribunal would kindly cancel their proceedings or take such steps as they might deem necessary to avoid his being unjustly treated.
Mr McDonnell said that he had been asked by the Military Authorities to state that they did not consider the question of Mr Marcelline’s claim to arise on the ground that the question that he was in holy orders or a Minister of some denomination was not one for the tribunal to decide. However, if Mr Marcelline wished to apply to the tribunal for exemption on conscientious grounds he would have no objection to his application being heard then. The position was this. Mr Marcelline originally wrote to the Commissioner of Police in Feb. 1917. In that letter no claim was made on the ground that he came within the term of the Registration Ordinance 1, schedule 2 of 1917.
The President: What is schedule 2? Mr McDonnell said it referred to persons in holy orders, or regular Ministers of any religious denomination.
The President: Are those persons exempted from registration? Mr McDonnell: Yes. Persons in holy orders or regular Ministers are exempted under that schedule.
Mr Marcelline: I should be glad to be given an opportunity to state - The President: Will you please sir down Mr Marcelline while Mr McDonnell is addressing us?
Mr McDonnell said that on 22nd February 1917 the applicant had written to the Commissioner of Police asking to be exempted from military service as required by the registration ordinance 1 of 1917, that he then set forth the grounds upon which he made the application that he was a member of the International Bible Students’ Association, England and his conscience obliged him to comply with a certain line of conduct and he asked that he might be exempted from military service. There was throughout that letter not a single word suggesting that he was either a person in holy orders or a regular Minister of any religious denomination. Therefore he (Mr McDonnell) added, no application was made to the Commissioner of Police asking that the prescribed authority might deal with the matter or that it be referred to the District Magistrate. That letter was sent to the exemption tribunal and in the absence of Mr Marcelline it was treated as an application for exemption and not as an application to be declared a person who was in holy orders or a regular Minister of any religious denomination. It was an application for exemption on conscientious grounds. As Mr Marcelline was not present on the last occasion he had no objection to his being now heard. But what he (Mr McDonnell) submitted was that this tribunal had no jurisdiction at all to deal with the question as to whether he was a person in holy orders or whether he was a regular Minister of any religious denomination.
Mr Marcelline had written again since this tribunal had given its decision and in the second letter dated 14th Feb. he set out a number of facts and made a number of statements. He stated that he hoped he would have been automatically excluded in the same way as regular Ministers and others engaged on missionary work. He suggested that he was in holy orders. Whether that was so or not it was not a matter for the consideration of the exemption tribunal. The question as to whether or not he was in holy orders was one which might be referred by the prescribed authority, to the District Magistrate.
The President: Not to the tribunal? Mr McDonnell: No. The President: Will you kindly read that section? Mr McDonnell read section 3, which provided that every male European British subject, who on February 1st 1917 was ordinarily resident in India or thereafter became a resident and who for the time being attained the age of eighteen years and had not attained the age of forty one years and who was not within the exceptions set out in the schedule of the Act., should be deemed to be enrolled for general military service within the meaning of the Act.
The President: Di you fill the registration form? Mr Marcelline: Yes.
Mr McDonnell then read section 4 which provided that the prescribed authority might apply to the District Magistrate for orders in certain cases. The President: You have been actually registered? Mr Marcelline: Yes.
The President: Will you kindly give me the section? Mr McDonnell said that the section was 9, which provided that if any question arose with reference to the act, whether any person was a European British subject within the meaning of the act, or was an ordinary resident in British India, or was within the exception set out in the schedule, or as to the age of any person, the prescribed authority, or person authorised, on that behalf in writing by authority should apply to the District Magistrate or any officers specially empowered in that behalf in writing.
The President: According to the regulation ordinance, the prescribed authority was the Commissioner of Police and he should have referred the matter. The tribunal cannot refer that question only the military authorities can. Is that your position Mr McDonnell? Mr McDonnell: Yes, I say that the Commissioner of Police is perfectly correct in not referring the case, because Mr Marcelline has no claim to any religious exemption from military service on conscientious grounds. Therefore, as far as the Commissioner of Police and the registration ordinance are concerned, they are not to be considered. In regard to the application under the I.D.F. Act, the tribunal is not the prescribed authority. The General Officer Commanding is the prescribed authority and I am instructed to inform the tribunal and Mr Marcelline that the General Officer Commanding does not consider that the question arises as to whether Mr Marcelline is a person in holy orders.
Mr Marcelline: In that case I should ask to have an opportunity of being heard by the General Officer Commanding or by the District Magistrate.
Mr McDonnell: Mr Marcelline can take any action that he thinks fit. If any further application is made, I am instructed to oppose it. That is the matter so far as the tribunal is concerned. If Mr Marcelline wishes to proceed with his application for exemption before this tribunal on conscientious grounds or other grounds that he may have he can do so.
The President: As far as I can see, first of all, Mr McDonnell, you claim that the tribunal have no jurisdiction to deal with the application. But you have no objection to the application being heard if he bases it on conscientious grounds.
Mr Marcelline: I base my claim on holy orders. Mr McDonnell: Then I say that it cannot be considered. Mr Marcelline: I ask that the matter go before the District Magistrate. It must go before him according to the registration ordinance.
The President: The we shall not pass any orders on your application and we cannot refer it.
Mr Marcelline: It is left to the General Officer Commanding to deal with it. As I was not present on the last occasion, I may state that Mr McDonnell had stated that applications of conscientious objectors were not entertained by the United States Government. I have an article here from an American paper which distinctly states that such objections are allowed in the United States.
Mr McDonnell: Where did you get that? Mr Marcelline: It was reported in the newspapers. Mr McDonnell: I am not accountable for what appears in the newspapers. I know that they are recognised in England. Mr Marcelline: If such claims are recognised in England, why not here and in India? Why should I suffer for that? Mr McDonnell: Don’t ask me that. It is a matter that you can address the Government of India. We are not the legislators of the Act.
Mr Marcelline told the President that he wanted his case to go before the District Magistrate. Mr McDonnell: I understand that he does not claim exemption. Mr Marcelline: After the District Magistrate has decided my case against me I think I have got the right to appeal to the exemption tribunal. The President: We can make no promise about that.
The tribunal then adjourned to deliberate on the matter. After a short absence, the President, in disposing of the case said that the application was one in revision of an order passed by the tribunal on 9th Feb. to cancel the previous proceedings or to take such steps as might be necessary to avoid Mr Marcelline being unjustly treated. The tribunal was not satisfied that the application that came before it on 9th Feb. was not an application with which it could deal. Mr Marcelline’s application commenced as follows:- “I respectfully beg to ask that I may be exempted from rendering military service as required by the registration Ordinance 1 of 1917.” Being of the opinion that there was a prima facie case justifying the tribunal to consider that the matter was within their jurisdiction, the tribunal in revision would not cancel their previous decision. Mr Marcelline should if he so desired take any further step which was apparently open to him for a hearing of his case by the District Magistrate under section 9 of the Indian Defence Force Act.
Other Applications
The tribunal considered an application of Messrs. Ellerman Rice Mills (Burma) for total temporary exemption in respect of two engineers employed at their Tavoy rice mills, Mr R.G. Kay and Mr W. Carr. The application of Mr Kay only for total temporary exemption for four months was granted.
The tribunal granted partial exemption, recommended by the Deputy Commissioner, Tavoy, to Mr A.W. Hothersall and Mr J.E. Ditcher, of the High Speed Alloys Mining Co., Tavoy.
The Deputy Commissioner, Tavoy, also recommended total exemption in respect of Mr V.A.R. Sutherland, of the Tavoy Wolfram Mines Ltd. The tribunal accepted the recommendation.
Mr Eric Williams of Messrs. J.W. Darwood & Co. was granted total exemption for one months on the ground that he was leaving Burma, so as to enable him to apply for passports.
April
Rangoon Exemption Tribunal
A sitting was held on March 22nd of the Rangoon Exemption Tribunal composed of J.P. Hardiman, I.C.S., President, Major L.D. Chambers, Military member and F. Watson, Civil member. Mr. C.F. Clifton appeared as Military representative in the absence of Mr T.F.R. McDonnell.
The first application was from the Bombay Burma Trading Corpn. for total exemption or by preference, permanent exemption, to Mr J. Briscoe Birch in charge of Keddah operations in the Bassein district. Mr Birch was already in receipt of temporary total exemption, which was granted for the same reasons as those on which the present application was made, namely, that he was in sole charge of the operations. It was now represented that the operations were not at an end and it was necessary for Mr Birch to remain in charge for a further period of one year. The tribunal granted exemption for further period of one year.
Steel Bros. applied for total temporary exemption up to the end of May in respect of two engineers, Mr J. Crawford and Mr T. Cumming, who were proceeding to Akyab in charge of a mill recently started milling for the Royal Commissioner on Wheat Supplies. The application was granted.
Mining Applications
Mr A.R.H. Ady applied for total exemption on behalf of W.T. Wicox and G.C. Benson, mine Managers at Tavoy. As the application concerned the tungsten industry the tribunal granted the exemption asked for.
Burma Railways
The Agent, Burma Railways, applied for permanent exemption from general military service for Mr H.E. Stevenson, Mr B. Taylor and Mr S. Reuben, drivers at Malagon. The tribunal granted partial exemption.
The Agent of the Burma Railways also applied for total temporary exemption in respect of Mr A.J. Cohen, Engineer in charge of the Aungban Railway extension of the Southern Shan States railway. Mr Cohen’s presence, it was represented, was needed at the time the work was being carried out. The tribunal granted total temporary exemption for six months.
Another application for temporary total exemption for six months by the Agent, Burma Railways was made on behalf of Mr G.A. Hicks, Dist. Engineer and Mr A.G. Van Den (sic) Beck, Asst. Engineer, who were constructing the loop-line at Togyaunggale. The tribunal granted the applicants temporary total exemption for six months as they were unable to attend parades.
Other Applications
The tribunal granted the application of the Postmaster-General, Burma, for temporary total exemption on behalf of Privates T.M. Eason and W.H. Whitbread, Telegraphists, so long as they ere on duty at look-out stations.
Messrs. Bryan Smith & Co. applied for exemption for three months on behalf of Mr G.F. Mitchell, whose services were necessary for supervision at the removal of their rope works from Twante and re-erection at Rangoon. The tribunal considered that it may be possible to arrange for Mr Mitchell’s drills on certain days in the week between the military authorities and the corps to which he was attached. Consequently the tribunal did not see their way to granting the application.
The tribunal granted L.N. D’Castro, student at St. John’s College, who was leaving Burma, one month’s total exemption to enable him to apply for his passport.
Bank Applications
The tribunal considered an application of the Alliance Bank of Simla for temporary total exemption for six months for Mr A.J. Elder, who was acting during Mr P.A. Churchward’s absence in India. The tribunal understood that Mr Elder was at present the only European in the bank. They granted him temporary total exemprtion for two months. After that, if circumstances were not altered, the bank would be able to move in the matter again.
Military Police Officers
The Chief Secretary to the Burma Government applied for temporary total exemption on behalf of thirteen officers of the Burma Military Police. They were already engaged on military duties and the tribunal granted the application. The officers were: R.G.B. Lawson, A.S.P. ; H.R. Alexander, D.S.P. ; H.W. Derney, A.S.P. ; F.H.F. Whittingstall, A.S.P. ; G.J. Harvey, A.S.P. ; R.G.B. Prescott, A.S.P. ; A.G. Adams, A.S.P. ; H.D. Grantham, D.S.P. ; M.O. Tanner, A.S.P. ; C.W. Molesworth, D.S.P. ; L.D. Wilson, Asst. Commandant ; R.D. Burne, offg. Battn. Commandant, Extra Asst. Commissioner ; A.J. Walsh, Asst. Commandant, Extra Asst. Conservator of Forests.
Deputy Commissioner’s Exemption
The Chief Secretary to the Govt. of Burma applied for modification of the certificate of exemption granted in the case of Mr B.W. Perkins, Deputy Commissioner, Amherst. The earlier exemption granted to Mr Perkins was to the effect that he would receive partial exemption but would be liable for general service training, that was to say, he would be liable to perform drills four days a week. The Chief Secretary now represented to the tribunal that Mr Perkins was a hard working officer and unable to do more than one hour a week drill. The military representative had received no instructions to oppose the application. The certificate of exemption would be accordingly modified in the terms of the application for total exemption, which was granted.
Exemption of Religious Grounds
The Dist. Magistrate on Monday disposed of the application for exemption filed before him by Mr O.B. Marcelline, Stenographer in the Office of the Revenue Secretary to the Govt. of Burma, on religious grounds. His worship, after reading he written statement of Mr O.B. Marcelline and Govt. of India, Army Dept., no. 4256 said: Under the Registration Ordnance of 1917 Mr Marcelline sent in his name for registration but applied for exemption on the ground that his conscience forbade him to do violence or injury to anyone but directed him to practise non-resistance as enjoined by Jesus Christ. For some reason this application (filed in these proceedings) was overlooked. Mr Clifton as the prescribed authority under section 5 (1) of the registration Rules 1917 had now been directed to apply to his worship for decision whether Mr Marcelline’s case came within the exemptions set out in schedule II of the ordinance. Mr Marcelline’s written statement contained very careful arguments to show that from the true Christian stand-point he may be regarded as being in Holy Orders or at any rate having ordination equal with that of a regular Minister of a recognised British denomination. Mr Marcelline belonged to the International Bible Students’ Assoc. and claimed to do a good deal of missionary work ; he claimed also that the occupation by which he earned a livelihood was not to be regarded as the service to which his life was devoted – that being in the service of Jesus Christ – but merely the means of keeping him alive and able to work in the service to which he was truly bound. To discuss Mr Marcelline’s arguments would involve his worship in questions of religion and he should inevitably find himself bound to made remarks which might hurt the religious susceptibilities of others. Fortunately it was not necessary for him to do so. Mr Marcelline’s arguments, granted his premises, may be invincible, but they were in his worship’s opinion not relevant. They had here to deal with words (his worship was referring to the words used in exception 2 of schedule II) which have a fairly well known and recognised meaning. In interpreting phrases in the ordinance which were also in common use they obviously could not put into them meanings which they could have only for a small number of persons who held views different from those of the majority of their fellow citizens. Only by persons of Marcelline’s way of thinking could the expression “Persons in Holy Orders” be held to include persons who believed themselves ordained by an anointing of the Holy Spirit. It was unnecessary to waste time in pointing out that the phrase referred to Episcopal ordination. Mr Marcelline did not seem to claim to be a regular Minister of any British denomination although some passages in his statement might be construed to make a tentative claim of that nature. His worship thought it was clear that he could not claim to be such.
The definition contained in the Army Dept. letter quoted at the beginning of this order was reasonable and must be applied. It was that the expression may be taken for the purposed of the ordinance to include all persons whose professions in and whose livelihood arose from performing ministrations of religion. The letter stated that the phrase would not include a lay reader whose livelihood depended on other sources, not a soldier in the Salvation Army, not a secretary of a Y.M.C.A. The expression “ regular” the letter continued, as applied to a minister necessarily implied that he was attached to some regular denomination. Mr Marcelline’s position, his worship imagined, corresponded very closely with that of a lay reader or of a soldier in the Salvation Army. He was clearly no more a Minister than were other members of his association.
The ordnance has made no reference to “conscience objectors” and it did not appear possible to his worship to being them in under this exception as Mr Marcelline had endeavoured to do. His worship must hold on the reference made to him that Mr Marcelline was not entitled to exemption from the provision of the registration ordinance under exception 2 of schedule II. His worship understood that the military authorities did not intend to press with severity on Mr Marcelline but were ready to allot him non-combatant duties. In that event his worship really failed to see how his conscientious objections were not satisfied,
As a Government servant he was indirectly and must often be directly aiding and abetting the war and in doing non-combative service he would scarcely be doing more. His only way of not aiding in the war was to remove himself from the community completely.
His worship found that Mr Marcelline might easily with some right claim not to be a European British subject. Unless he was out for martyrdom at all costs his worship could not understand why he had not applied for exemption on those grounds.
Mr Clifton appeared on behalf of the military authorities. Mr Marcelline, in the course of his address to the court, mentioned that his father was a Frenchman and that he (applicant) was born in Calcutta.
A sitting was held on March 22nd of the Rangoon Exemption Tribunal composed of J.P. Hardiman, I.C.S., President, Major L.D. Chambers, Military member and F. Watson, Civil member. Mr. C.F. Clifton appeared as Military representative in the absence of Mr T.F.R. McDonnell.
The first application was from the Bombay Burma Trading Corpn. for total exemption or by preference, permanent exemption, to Mr J. Briscoe Birch in charge of Keddah operations in the Bassein district. Mr Birch was already in receipt of temporary total exemption, which was granted for the same reasons as those on which the present application was made, namely, that he was in sole charge of the operations. It was now represented that the operations were not at an end and it was necessary for Mr Birch to remain in charge for a further period of one year. The tribunal granted exemption for further period of one year.
Steel Bros. applied for total temporary exemption up to the end of May in respect of two engineers, Mr J. Crawford and Mr T. Cumming, who were proceeding to Akyab in charge of a mill recently started milling for the Royal Commissioner on Wheat Supplies. The application was granted.
Mining Applications
Mr A.R.H. Ady applied for total exemption on behalf of W.T. Wicox and G.C. Benson, mine Managers at Tavoy. As the application concerned the tungsten industry the tribunal granted the exemption asked for.
Burma Railways
The Agent, Burma Railways, applied for permanent exemption from general military service for Mr H.E. Stevenson, Mr B. Taylor and Mr S. Reuben, drivers at Malagon. The tribunal granted partial exemption.
The Agent of the Burma Railways also applied for total temporary exemption in respect of Mr A.J. Cohen, Engineer in charge of the Aungban Railway extension of the Southern Shan States railway. Mr Cohen’s presence, it was represented, was needed at the time the work was being carried out. The tribunal granted total temporary exemption for six months.
Another application for temporary total exemption for six months by the Agent, Burma Railways was made on behalf of Mr G.A. Hicks, Dist. Engineer and Mr A.G. Van Den (sic) Beck, Asst. Engineer, who were constructing the loop-line at Togyaunggale. The tribunal granted the applicants temporary total exemption for six months as they were unable to attend parades.
Other Applications
The tribunal granted the application of the Postmaster-General, Burma, for temporary total exemption on behalf of Privates T.M. Eason and W.H. Whitbread, Telegraphists, so long as they ere on duty at look-out stations.
Messrs. Bryan Smith & Co. applied for exemption for three months on behalf of Mr G.F. Mitchell, whose services were necessary for supervision at the removal of their rope works from Twante and re-erection at Rangoon. The tribunal considered that it may be possible to arrange for Mr Mitchell’s drills on certain days in the week between the military authorities and the corps to which he was attached. Consequently the tribunal did not see their way to granting the application.
The tribunal granted L.N. D’Castro, student at St. John’s College, who was leaving Burma, one month’s total exemption to enable him to apply for his passport.
Bank Applications
The tribunal considered an application of the Alliance Bank of Simla for temporary total exemption for six months for Mr A.J. Elder, who was acting during Mr P.A. Churchward’s absence in India. The tribunal understood that Mr Elder was at present the only European in the bank. They granted him temporary total exemprtion for two months. After that, if circumstances were not altered, the bank would be able to move in the matter again.
Military Police Officers
The Chief Secretary to the Burma Government applied for temporary total exemption on behalf of thirteen officers of the Burma Military Police. They were already engaged on military duties and the tribunal granted the application. The officers were: R.G.B. Lawson, A.S.P. ; H.R. Alexander, D.S.P. ; H.W. Derney, A.S.P. ; F.H.F. Whittingstall, A.S.P. ; G.J. Harvey, A.S.P. ; R.G.B. Prescott, A.S.P. ; A.G. Adams, A.S.P. ; H.D. Grantham, D.S.P. ; M.O. Tanner, A.S.P. ; C.W. Molesworth, D.S.P. ; L.D. Wilson, Asst. Commandant ; R.D. Burne, offg. Battn. Commandant, Extra Asst. Commissioner ; A.J. Walsh, Asst. Commandant, Extra Asst. Conservator of Forests.
Deputy Commissioner’s Exemption
The Chief Secretary to the Govt. of Burma applied for modification of the certificate of exemption granted in the case of Mr B.W. Perkins, Deputy Commissioner, Amherst. The earlier exemption granted to Mr Perkins was to the effect that he would receive partial exemption but would be liable for general service training, that was to say, he would be liable to perform drills four days a week. The Chief Secretary now represented to the tribunal that Mr Perkins was a hard working officer and unable to do more than one hour a week drill. The military representative had received no instructions to oppose the application. The certificate of exemption would be accordingly modified in the terms of the application for total exemption, which was granted.
Exemption of Religious Grounds
The Dist. Magistrate on Monday disposed of the application for exemption filed before him by Mr O.B. Marcelline, Stenographer in the Office of the Revenue Secretary to the Govt. of Burma, on religious grounds. His worship, after reading he written statement of Mr O.B. Marcelline and Govt. of India, Army Dept., no. 4256 said: Under the Registration Ordnance of 1917 Mr Marcelline sent in his name for registration but applied for exemption on the ground that his conscience forbade him to do violence or injury to anyone but directed him to practise non-resistance as enjoined by Jesus Christ. For some reason this application (filed in these proceedings) was overlooked. Mr Clifton as the prescribed authority under section 5 (1) of the registration Rules 1917 had now been directed to apply to his worship for decision whether Mr Marcelline’s case came within the exemptions set out in schedule II of the ordinance. Mr Marcelline’s written statement contained very careful arguments to show that from the true Christian stand-point he may be regarded as being in Holy Orders or at any rate having ordination equal with that of a regular Minister of a recognised British denomination. Mr Marcelline belonged to the International Bible Students’ Assoc. and claimed to do a good deal of missionary work ; he claimed also that the occupation by which he earned a livelihood was not to be regarded as the service to which his life was devoted – that being in the service of Jesus Christ – but merely the means of keeping him alive and able to work in the service to which he was truly bound. To discuss Mr Marcelline’s arguments would involve his worship in questions of religion and he should inevitably find himself bound to made remarks which might hurt the religious susceptibilities of others. Fortunately it was not necessary for him to do so. Mr Marcelline’s arguments, granted his premises, may be invincible, but they were in his worship’s opinion not relevant. They had here to deal with words (his worship was referring to the words used in exception 2 of schedule II) which have a fairly well known and recognised meaning. In interpreting phrases in the ordinance which were also in common use they obviously could not put into them meanings which they could have only for a small number of persons who held views different from those of the majority of their fellow citizens. Only by persons of Marcelline’s way of thinking could the expression “Persons in Holy Orders” be held to include persons who believed themselves ordained by an anointing of the Holy Spirit. It was unnecessary to waste time in pointing out that the phrase referred to Episcopal ordination. Mr Marcelline did not seem to claim to be a regular Minister of any British denomination although some passages in his statement might be construed to make a tentative claim of that nature. His worship thought it was clear that he could not claim to be such.
The definition contained in the Army Dept. letter quoted at the beginning of this order was reasonable and must be applied. It was that the expression may be taken for the purposed of the ordinance to include all persons whose professions in and whose livelihood arose from performing ministrations of religion. The letter stated that the phrase would not include a lay reader whose livelihood depended on other sources, not a soldier in the Salvation Army, not a secretary of a Y.M.C.A. The expression “ regular” the letter continued, as applied to a minister necessarily implied that he was attached to some regular denomination. Mr Marcelline’s position, his worship imagined, corresponded very closely with that of a lay reader or of a soldier in the Salvation Army. He was clearly no more a Minister than were other members of his association.
The ordnance has made no reference to “conscience objectors” and it did not appear possible to his worship to being them in under this exception as Mr Marcelline had endeavoured to do. His worship must hold on the reference made to him that Mr Marcelline was not entitled to exemption from the provision of the registration ordinance under exception 2 of schedule II. His worship understood that the military authorities did not intend to press with severity on Mr Marcelline but were ready to allot him non-combatant duties. In that event his worship really failed to see how his conscientious objections were not satisfied,
As a Government servant he was indirectly and must often be directly aiding and abetting the war and in doing non-combative service he would scarcely be doing more. His only way of not aiding in the war was to remove himself from the community completely.
His worship found that Mr Marcelline might easily with some right claim not to be a European British subject. Unless he was out for martyrdom at all costs his worship could not understand why he had not applied for exemption on those grounds.
Mr Clifton appeared on behalf of the military authorities. Mr Marcelline, in the course of his address to the court, mentioned that his father was a Frenchman and that he (applicant) was born in Calcutta.
May
Exemption from Military Service
The District Magistrate on Tuesday disposed of the application of Private W. Thompson, Fireman in the Burma Railways, for exemption from military service on grounds of nationality. On the Adjutant, 21st Battalion, Indian Defence Force, reporting that Private Thompson had left the Burma Railways and his address was unknown, his worship dismissed the application for default. A copy of this order was forwarded to Mr C.F. Clifton, the military representative for information.
The District Magistrate on Tuesday disposed of the application of Private W. Thompson, Fireman in the Burma Railways, for exemption from military service on grounds of nationality. On the Adjutant, 21st Battalion, Indian Defence Force, reporting that Private Thompson had left the Burma Railways and his address was unknown, his worship dismissed the application for default. A copy of this order was forwarded to Mr C.F. Clifton, the military representative for information.
June - August - NIL
September
Rangoon Exemption Tribunal
After a lapse of several weeks, a meeting of the Rangoon Exemption Tribunal, composed of Mr J.P. Hardiman, as President, Major L.D. Chambers, the official Military member and Mr G.W. Wilson, the non-official member, was held at the Secretariat buildings on Saturday ... Mr T.F.R. McDonnell represented the Military Authorities. A number of applications were disposed of.
The first application was that of the Tavoy Wolfram Mines Ltd. for total exemption in respect of Mr J.W. Concannon, Assistant at Taungpila and Mr G. LaBouchardiere, Mines Manager. Both applications were recommended by the Deputy Commissioner of Tavoy. The tribunal granted the applications.
The next was an application in revision by Mr J.J.A. Page, Mining Prospector at Tavoy, for permanent exemption on the ground that the nature of his profession made it impossible for him to perform any military service. The President said that the matter had been referred to the Deputy Commissioner, Tavoy, whose advice was that in Tavoy members of the Indian Defence Force were permitted to put in their parades, or a good many of them, during the rains and Mr Page could probably make arrangements for putting in nearly all his parades during August and September when there was very little outside work to be done. The Deputy Commissioner anticipated no difficulty if the officer commanding the detachment continued to grant leave of absence, when the necessity for it was represented. Under the circumstances the tribunal rejected the application of Mr page for further exemption.
Applicants leaving Burma
Mr P.F. Gordon, Chemist, of the Indo-Burma Petroleum Co., Seikkyi, applied for total exemption on the ground that he was leaving Burma and going to reside permanently in Scotland.
Mr McDonnell: What are you going to do when you go home? Applicant: I cannot say just yet. I am going to reside in Scotland.
Mr McDonnell: Are you not doing work of national importance? Applicant: I am not in employment now. I finished my agreement with the company on the 14th August and during the last two weeks I have remained on from day to day because I did not know when the tribunal would meet. On the 27th August I drew my salary and completed my services with them. I am now out of employment.
The President: How does your company replace you? Have they found any Chemist to take up your place. The Applicant: I gave them notice six months ago. They wrote home for a man I think. What they have done, I do not know.
Mr McDonnell: Have you been before the military medical board? Applicant: Yes, I wrote to the general officer commanding the division and I was ordered to go before a medical board at the station hospital. When I went there they were examining applicants for commission in the Indian Army Reserve of Officers. As I was not applying for a commission, they refused to examine me. The officer in charge stated that a special board would be formed to examine me and I then went back to the Port Defence headquarters and reported myself. They then received a further order directing me to go before a medical officer at the station hospital. They certified me as being fit for the I.A.R.O. Then I was ordered to go before Major General Young, who stated that in view of the fact that I have been ill he had no objection to my leaving Burma. I have also stated in my application that I had been duly rejected by the military authorities at home.
Mr Wilson: Have you done any service in the I.D.F. The applicant said he had.
The President in disposing of the application said the military authorities having no objection, the tribunal would grant Mr Gordon exemption for one month in order to enable him to obtain a passport.
Mr J.O. Wells applied for total exemption on the ground that he was leaving Burma. He would be 50 years of age in July 1919 but that was not his reason for the application. His chief reason was that he had not been able to secure employment here and he was about to leave for Penang where he had a brother who had asked him to come over. When the war started he had volunteered for the front and was rejected on account of his age. The tribunal granted Mr Wells total exemption for one month and told him to apply for a passport.
The tribunal granted total exemption for one month to the following on the ground that they were leaving Burma: Mr A.J. Robertson, Mariner ; Mr Htin Se of the Baptist College ; Mr B. Inkster, Seafaring man ; Mr A.A. Bolton, Mr S. Jacob, Mr Son Levy (exemption till Oct. 6th) ; Mr A.E. Cooper.
Other Applications
The Burma Railways Co. applied for and obtained partial exemption for Mr J.W. Grinnol, Engine Driver.
Mr J.G. Carron, Proprietor of the Mechanical and Motor Works, Sparks street, applied for total exemption on medical grounds. He had already been exempted for six months and then for three months. Mr McDonnell: You have been here before? The applicant: Yes. Mr McDonnell: Where are you employed? The applicant: I have got a motor works business in Sparks street. Mr McDonnell: You came up before and you were refused exemption? The applicant: I was told to get a medical certificate. I then got exemption for six months and a further three months later. Mr McDonnell: Has the doctor now said you are all right? The applicant: I am still sick. Major Chambers: You got six months exemption before? The applicant: Yes. I did not lay my case fully before. It is fully laid out now before you. You will see the number of certificates there are with the application. The tribunal asked Mr Carron to present himself to the station hospital for examination by the military medical authorities. The case was in the meantime adjourned for one month. The applicant: Excuse me Sir, I am doing a lot of Government transport work just now. The President: If you are sick, as you say you are, you mwill have no difficulty in getting a medical certificate.
The application of the Irrawaddy Flotilla Co. for total exemption in respect of Messrs. Grant, Backhurst and Mellican, the first two Engineers and the third an officer on board one of their steamers, was granted. In respect of Mr Stokes, Engineer, the application was kept pending until the next meeting.
Total exemption was granted to the following applicants who were engaged on mining work in Tavoy: Messrs. H. Cartwright, P. Madison of the B.B.T. Corpn., J.F. Hayes of the Hermyingyi Mining Co. and G. Benson of the London-Burma Wolfram Co.
Mr A.J. Salvador of Yangyaik applied for total exemption on the ground of ill health. The tribunal decided that the application would be reconsidered at the next meeting. In the meantime Mr Salvador must present himself at the station hospital for medical examination.
The application of Messrs. Bulloch Bros. for total exemption in respect of Mr E. Vauze, Engineer in charge of the launch travelling between Tavoy anchorage and Tavoy Town was kept in abeyance pending the advice of the Deputy Commissioner, Tavoy.
Government Applications
Several applications from the Chief Secretary to the Government of Burma were considered for total exemption. The first was that of Mr R.M. Kavanagh, Dist. Forest Depot Division, Bassein, for exemption on the ground that his time was fully occupied in the supply of timber required in connection with the war. The application was granted.
The other applications were on behalf of the Hon. Mr H.S. Pratt, Messrs. C. Lachley, T. Pearson, V.C. Danker and C.J. Forbes, Dist. Superintendent of Police.
Mr A.E. Sherard, who had total exemption at the instance of Government previously, having been transferred, the concession was withdrawn from him.
Mr A. Thompson, Senior Electrician, Rangoon General Hospital, was granted total exemption for two months.
On the recommendation of the Deputy Commissioner, Tavoy, total exemption was granted to Mr N. Goss and Mr L. Beale, Miners, Tavoy.
Temporary total exemption was granted to Mr G. Overt, Mr F.A. Edwards, Mr C.J. Caldecott who were engage on work in connection with the supply of timber for the munitions board. Being also Controller of Munitions, Burma, the President took no part in the consideration of these applications, which were dealt with by the other members of the tribunal.
On the recommendation of the Deputy Commissioner, Tavoy, total exemption was granted to Messrs. H.B. Meton and M.K. Clarke, both engaged in mining work at Tavoy for Messrs. Steel Bros. On the application of the same firm total exemption for one month was granted to Mr G.D. Martin, who was employed at their rice mill, Bassein.
The applications of the Postmaster-General, Burma, for total exemption on behalf of Mr A.B. Misquita, Telegraphist, so long as he was employed at the look-out station, Tavoy and on behalf of Mr E.V.H. Doyle, Telegraphist on the vessel of war at Tavoy, were granted.
The tribunal granted total exemption to H.M. Whitburn and W. Parry of Finlay Fleming & Co. who were engaged on the oil tankard.
Messrs. Finlay Fleming & Co applied from total exemption on behalf of Mr Durham, who took the place of Mr W.H. Farmer at the tankard moorings. Mr Farmer who was previously granted total exemption, had left their service. Mr Durham was granted total exemption.
The Rangoon Electric Tramway and Supply Co. applied for total exemption on behalf of Mr C. George, who had taken the place of Mr C.S. Tilly, who had been granted total exemption previously and had now been transferred. Mr George was granted total exemption. Mr G.R.C. Lewty of the same company was granted total exemption previously. Mr W. Lewty having his place, the company applied for total exemption for seven months on behalf of the latter. The application was granted.
The application of the Chief Officer, Fire Brigade, for total exemption on behalf of Mr W. Reilly Leading Fireman, was granted.
A similar application was granted, being made [by] the Garrison Engineer, on behalf of T.G. Hall, Accountant in his office.
Total exemption for six months was granted to Messrs. Fressanges and Harris, members on the staff of Messrs. T.D. Findlay & Sons.
The tribunal had before them the application of the British Burma Petroleum Co. for partial exemption on behalf of P.B. Morison and W. Vesey, Engineers. Mr McDonnell said he should like to forward these applications to the military authorities for their opinion. The tribunal decided to keep the applications pending for one month in order to obtain the advice of the military authorities.
Mr A.C. Martin & Co. applied for total exemption in respect of Mr A. Persevich who was said to be engaged on antimony smelting at Kamayut for the firm. The tribunal did not consider the reason given adequate and could not see their way to granting the application, which was accordingly rejected.
Mr May Hla Oung applied on behalf of Mr F.A. Boog, employed at the mines in the Amherst and Thaton districts, for total exemption. The application will be kept pending in order that the advice of the Deputy Commissioner concerned may be obtained.
The President said that the Secretary of the Burma Boiler Commission applied for partial exemption in respect of J. Campbell, whose duties took him out of Rangoon at frequent intervals for indefinite periods. If Mr Campbell found that he could not perform the regular parades required by the rules, he should apply to the military authorities for special arrangements to be made to enable him to do the military training necessary. The tribunal on the facts before it was not prepared to grant exemption and the application was therefore rejected,
Total exemption was granted to T. E. Parry, Senior Inspector of customs, Preventive Service, on the application of the Financial Commissioner, Burma.
The same order was passed by the tribunal on the application of the Hindu Chaung and Tin Dredging Co., Tavoy, on behalf of S.J. Welson, and on the application of the High Speed Steel Alloys in respect of Mr E.H. Paul.
The R.E.T. & S. Company applied for total exemption in respect of J.L. Dyson, Chief Engineer and General Manager, who was understood to be over 41 years of age. The tribunal considered that it should be possible for him to do one drill per week and regretted that they could not grant the exemption asked for.
Messrs. W.J. Owens, H.M. Power, C.F. Carey and G. Rees, applied for total exemption in order to enable them to secure appointments in the Irrawaddy Flotilla Co. In the absence of an official intimation from the company to the effect that these applicants had received appointments in the company the tribunal could not see their way to grant the exemptions asked for.
G.A. Federico applied for exemption on the ground that he could not obtain employment until he had received total exemption. The tribunal decided to reconsider the application at the next meeting, the date of which, the President said, would be announced in the papers in the usual manner.
This was all the business before the tribunal.
Rangoon Exemption Tribunal
A meeting of the Rangoon Exemption Tribunal composed of Mr J.P. Hardiman as President, Major L.D. Chambers, the official Military member and Mr G.R. Wilson, the non-official member, was held at the Secretariat buildings on Monday at 9.30 a.m. Mr T.F.R. McDonnell represented the Military Authorities.
R.E.T. Application
The first application was that of Mr J.L. Dyson, Chief Engineer, Rangoon Electric Tramway & Supply Company, who appealed against the order of the tribunal declining to grant him exemption on the ground of the nature of his duties. As the records of the various cases to be dealt with by the tribunal had not arrived, the President inquired of Mr Dyson as to the contents of the letter sent in by him. Mr Dyson, in reply to the President, said that the letter that was sent on his behalf did not give much in the way of explanation because it was assumed that the previous proceedings in regard to applications for a number of other men of the company were in the recollection of the tribunal. He thought that it was stated in the letter that he was the Superintending Engineer of the company and that since the previous exemptions had been granted a number of the company’s men had left. One Engineer in particular, Mr Sherard had gone.
Mr McDonnell: I think that you also said that in the event of there being any local disturbance your services would be required. Mr C.W. Darwood, who was also present with Mr Dyson, said that that was so.
Mr McDonnell: I think that is your main ground. Mr Darwood: Yes, that is the main ground for application.
The President: Did you have any sort of exemption before Mr Dyson? Mr Dyson: When I went home the I.D.F. had not been formed.
The President: You went on leave in 1914? Mr Dyson: I went home in 1916. The R.V.R. was still in existence. Then the I.D.F. business came in. I was not here then.
The President: I think as a fact you are only liable to military duty as men are of the age of 41? Mr Dyson: I presume so.
The President: I think one parade a week and six days in camp.
Mr McDonnell: In Mr Dyson’s case the question of attending camp will have to be considered.
The President: Yes, your position about attending camp will have to be considered.
Mr McDonnell: Supposing when there is an emergency you obtained leave from the officer commanding your corps to attend to your business in the firm. Even so, the military authorities consider that you ought to serve in the I.D.F. as another man training and by training yourself you assist in the training of others. Practically, what Mr Dyson says now is that in case of emergency his services, as far as I can gather, will be required at his own appointment. I have got Mr Dyson’s letter which may I hand in? My instructions are to say that he should serve his military duty, although, most probably, if there was any emergency in Rangoon, he would be allowed to do his work with the company. That is a matter for arrangement with his commanding officer.
The President: Who did your particular duties when you were away? Mr Dyson: Mr Taylor, my Assistant, was acting. Mr Williams was running the business.
The President: What exemption did these gentlemen get? Mr Dyson: Mr Taylor was not exempted. Mr Williams was totally exempted.
The President: For what reason was Mr William’s exempted? Was it for the same reason as you are applying for? Mr Dyson: Yes.
The President: It was not because he was ill? Mr Dyson: No, he has not been ill. I do not think the medical category would exclude him.
Mr Mc Donnell: Mr Taylor is under 41? Mr Dyson: Yes. Mr McDonnell: Is he now here? Mr Dyson: Yes. Mr McDonnell: Practically you will have Mr Taylor’s services.
The President: Is there anything more you would like to being forward before the tribunal Mr Dyson? Mr Darwood: Yes, I should like to say that Mr Dyson is working with a very much reduced staff at present. There is another man, Mr Davidson, who is away and Mr Meikle, the Traffic Manager, who was not exempted by the tribunal, has also gone.
The President: Then have you got substitutes for those men? Mr Darwood: They are all new men. In the case of Mr Davidson we have got a substitute, not in the case of Mr Meikle. The President: How many total exemptions have you got altogether? You will have a fair number. Mr Dyson: We have got a fair number. The President: A fair number? Mr Dyson: I cannot tell you. My recollection is that there is a fair number of exemptions.
Mr Darwood: We are greatly handicapped in Mr Dyson’s case on account of his high technical knowledge of the work. The President: Mr Dyson’s duties do not necessitate his living on the company’s premises? Mr Darwood: You see that on account of the cables he has got to be here, there and everywhere in case of breakdowns.
Major Chambers: Are Mr Taylor and Mr Williams both available? Mr Dyson: Mr Williams has gone home. Mr Taylor is here. He is my Assistant. He is engaged in Government work. Major Chambers: He has total exemption? Mr Dyson: Yes.
The President: On account of the nature of his duties? Mr Dyson: It is an occupation exemption. I do not think it is a medical exemption.
Mr McDonnell pointed out that Mr Taylor was under 41 years of age and exemption was granted him at a time when larger claims were made for men under that age. Since then real claims for exemption were stronger in the case of men over 41. He further pointed out that exemption from attending camp could be given not by the tribunal but by the commanding officer of the corps.
The tribunal retired for a few minutes to consider their decision. After their deliberations the President said: This is an appeal of Mr Dyson, Chief Engineer of the Rangoon Electric Tramway & Supply Company, against the order of the tribunal declining to grant him exemption. The tribunal consider that they would not be justified in granting both Mr Dyson, Chief Engineer and Mr Taylor, Asst. Chief Engineer exemption. Mr Taylor has already had exemption. If the company desire to apply that the exemption already enjoyed by the Asst. Chief Engineer should be transferred to Mr Dyson, the tribunal will be willing to consider that application. But, as matters stand, they do not feel prepared to give Mr Dyson additional exemption.
Mr Darwood: Do you want us to decide that now? The President: You can consider that matter. Mr Darwood: That means merely that it is one exemption.
Mr Dyson: In considering that alternative, may we take it that if I serve it will apply just to the drills and not to special occasions? The President: That is a matter on which the tribunal is not able to pass orders now. Mr Dyson: That will make a considerable difference. I mean, that if it is attending one drill a week I do not mind. The President: I should suggest that you address the commander of your corps on the subject. I think you could get off if you could not possibly do six days in camp. Mr Dyson: If it is a mere question of attending drill on Friday, and that is our day, I do not object to the thing. Personally, I think I can do a drill a week. It is the taking away of members of the staff of the company at the time when they are most likely to be wanted, that I looked to. The President: On that point we cannot advise you. I think you can probably get an expression of opinion from the officer commanding the corps and if necessary I shall ask him to address the officer commanding Rangoon Division. Mr Dyson: That will do. The President: If you agree to come up before us again, you must clear up two aspects of the case (1) the category in which the assistant engineer is, and (2) the concession you may get in the matter of emergency and in the matter of weekly courses in camp. These are two things we want to know.
Other Applications
The tribunal granted the application of H.G. Mardell, 3rd R.G.G.A. for one month’s total exemption on the ground that he was leaving Burma to attend Crystal Palace, England, for the Mercantile Gunnery Course in November.
The tribunal rejected the application of Messrs. Watson & Son in respect of Mr M. Pope, for exemption from attendance at the fort for military duty. That was a matter, the tribunal considered, which concerned the military authorities, and one that the tribunal could not deal with.
Messrs. Bulloch Bros. applied for total exemption in regard to Mr E.C. Vaz, Engineer of the steam launch Yaunggua, plying between Tavoy town and Tavoy anchorage. The Deputy Commissioner, Tavoy to whom the application was referred, intimated that Mr Vaz was in D class, so that no application, in the opinion of the President, appeared to be necessary.
The tribunal considered an application from Mrs M. Hla Oung on behalf of Mr F.A. Boog, Mining Engineer, Moulmein, for total exemption from military duty. This was rejected.
The case for exemption on medical grounds of Mr J.E. Carron, who was asked on the last occasion to be medically examined by the military authorities, was next considered. Mr McDonnell said that this gentleman was asked to be examined by the military medical authorities and his application was adjourned pending the result of that examination. The President said that no further information was available and the tribunal accordingly rejected the application.
Mr G. Federico applied for exemption on the ground that unless he got exemption he could not get civil employment. Mr McDonnell considered that this was an extraordinary application and he wanted to look into it. The tribunal adjourned the consideration of the applicant until the next meeting.
The British Burma Petroleum Co. applied for partial exemption in respect of Mr P.B. Morrison and Mr W. Visey, Engineers, stationed at the Thilawa refinery. The tribunal regarded the production of the mineral of the company as a work of national importance and granted the exemption asked for.
The Irrawaddy Flotilla Co. applied for total exemption in respect of Mr R.O.S. Stokes, Engineer. Mr McDonnell: My instructions are not to oppose any application for grant of exemption to men engaged on steamers. The application was granted.
The last application was that of Mr A.J. Salvador for total exemption on the ground of ill-health. The President said that Mr Salvador was requested to produce a certificate from the military medical officer. He had not done so and his application must therefore be rejected.
That concluded the business before the meeting. The date of the next meeting, the President said, would be published in the press as usual.
After a lapse of several weeks, a meeting of the Rangoon Exemption Tribunal, composed of Mr J.P. Hardiman, as President, Major L.D. Chambers, the official Military member and Mr G.W. Wilson, the non-official member, was held at the Secretariat buildings on Saturday ... Mr T.F.R. McDonnell represented the Military Authorities. A number of applications were disposed of.
The first application was that of the Tavoy Wolfram Mines Ltd. for total exemption in respect of Mr J.W. Concannon, Assistant at Taungpila and Mr G. LaBouchardiere, Mines Manager. Both applications were recommended by the Deputy Commissioner of Tavoy. The tribunal granted the applications.
The next was an application in revision by Mr J.J.A. Page, Mining Prospector at Tavoy, for permanent exemption on the ground that the nature of his profession made it impossible for him to perform any military service. The President said that the matter had been referred to the Deputy Commissioner, Tavoy, whose advice was that in Tavoy members of the Indian Defence Force were permitted to put in their parades, or a good many of them, during the rains and Mr Page could probably make arrangements for putting in nearly all his parades during August and September when there was very little outside work to be done. The Deputy Commissioner anticipated no difficulty if the officer commanding the detachment continued to grant leave of absence, when the necessity for it was represented. Under the circumstances the tribunal rejected the application of Mr page for further exemption.
Applicants leaving Burma
Mr P.F. Gordon, Chemist, of the Indo-Burma Petroleum Co., Seikkyi, applied for total exemption on the ground that he was leaving Burma and going to reside permanently in Scotland.
Mr McDonnell: What are you going to do when you go home? Applicant: I cannot say just yet. I am going to reside in Scotland.
Mr McDonnell: Are you not doing work of national importance? Applicant: I am not in employment now. I finished my agreement with the company on the 14th August and during the last two weeks I have remained on from day to day because I did not know when the tribunal would meet. On the 27th August I drew my salary and completed my services with them. I am now out of employment.
The President: How does your company replace you? Have they found any Chemist to take up your place. The Applicant: I gave them notice six months ago. They wrote home for a man I think. What they have done, I do not know.
Mr McDonnell: Have you been before the military medical board? Applicant: Yes, I wrote to the general officer commanding the division and I was ordered to go before a medical board at the station hospital. When I went there they were examining applicants for commission in the Indian Army Reserve of Officers. As I was not applying for a commission, they refused to examine me. The officer in charge stated that a special board would be formed to examine me and I then went back to the Port Defence headquarters and reported myself. They then received a further order directing me to go before a medical officer at the station hospital. They certified me as being fit for the I.A.R.O. Then I was ordered to go before Major General Young, who stated that in view of the fact that I have been ill he had no objection to my leaving Burma. I have also stated in my application that I had been duly rejected by the military authorities at home.
Mr Wilson: Have you done any service in the I.D.F. The applicant said he had.
The President in disposing of the application said the military authorities having no objection, the tribunal would grant Mr Gordon exemption for one month in order to enable him to obtain a passport.
Mr J.O. Wells applied for total exemption on the ground that he was leaving Burma. He would be 50 years of age in July 1919 but that was not his reason for the application. His chief reason was that he had not been able to secure employment here and he was about to leave for Penang where he had a brother who had asked him to come over. When the war started he had volunteered for the front and was rejected on account of his age. The tribunal granted Mr Wells total exemption for one month and told him to apply for a passport.
The tribunal granted total exemption for one month to the following on the ground that they were leaving Burma: Mr A.J. Robertson, Mariner ; Mr Htin Se of the Baptist College ; Mr B. Inkster, Seafaring man ; Mr A.A. Bolton, Mr S. Jacob, Mr Son Levy (exemption till Oct. 6th) ; Mr A.E. Cooper.
Other Applications
The Burma Railways Co. applied for and obtained partial exemption for Mr J.W. Grinnol, Engine Driver.
Mr J.G. Carron, Proprietor of the Mechanical and Motor Works, Sparks street, applied for total exemption on medical grounds. He had already been exempted for six months and then for three months. Mr McDonnell: You have been here before? The applicant: Yes. Mr McDonnell: Where are you employed? The applicant: I have got a motor works business in Sparks street. Mr McDonnell: You came up before and you were refused exemption? The applicant: I was told to get a medical certificate. I then got exemption for six months and a further three months later. Mr McDonnell: Has the doctor now said you are all right? The applicant: I am still sick. Major Chambers: You got six months exemption before? The applicant: Yes. I did not lay my case fully before. It is fully laid out now before you. You will see the number of certificates there are with the application. The tribunal asked Mr Carron to present himself to the station hospital for examination by the military medical authorities. The case was in the meantime adjourned for one month. The applicant: Excuse me Sir, I am doing a lot of Government transport work just now. The President: If you are sick, as you say you are, you mwill have no difficulty in getting a medical certificate.
The application of the Irrawaddy Flotilla Co. for total exemption in respect of Messrs. Grant, Backhurst and Mellican, the first two Engineers and the third an officer on board one of their steamers, was granted. In respect of Mr Stokes, Engineer, the application was kept pending until the next meeting.
Total exemption was granted to the following applicants who were engaged on mining work in Tavoy: Messrs. H. Cartwright, P. Madison of the B.B.T. Corpn., J.F. Hayes of the Hermyingyi Mining Co. and G. Benson of the London-Burma Wolfram Co.
Mr A.J. Salvador of Yangyaik applied for total exemption on the ground of ill health. The tribunal decided that the application would be reconsidered at the next meeting. In the meantime Mr Salvador must present himself at the station hospital for medical examination.
The application of Messrs. Bulloch Bros. for total exemption in respect of Mr E. Vauze, Engineer in charge of the launch travelling between Tavoy anchorage and Tavoy Town was kept in abeyance pending the advice of the Deputy Commissioner, Tavoy.
Government Applications
Several applications from the Chief Secretary to the Government of Burma were considered for total exemption. The first was that of Mr R.M. Kavanagh, Dist. Forest Depot Division, Bassein, for exemption on the ground that his time was fully occupied in the supply of timber required in connection with the war. The application was granted.
The other applications were on behalf of the Hon. Mr H.S. Pratt, Messrs. C. Lachley, T. Pearson, V.C. Danker and C.J. Forbes, Dist. Superintendent of Police.
Mr A.E. Sherard, who had total exemption at the instance of Government previously, having been transferred, the concession was withdrawn from him.
Mr A. Thompson, Senior Electrician, Rangoon General Hospital, was granted total exemption for two months.
On the recommendation of the Deputy Commissioner, Tavoy, total exemption was granted to Mr N. Goss and Mr L. Beale, Miners, Tavoy.
Temporary total exemption was granted to Mr G. Overt, Mr F.A. Edwards, Mr C.J. Caldecott who were engage on work in connection with the supply of timber for the munitions board. Being also Controller of Munitions, Burma, the President took no part in the consideration of these applications, which were dealt with by the other members of the tribunal.
On the recommendation of the Deputy Commissioner, Tavoy, total exemption was granted to Messrs. H.B. Meton and M.K. Clarke, both engaged in mining work at Tavoy for Messrs. Steel Bros. On the application of the same firm total exemption for one month was granted to Mr G.D. Martin, who was employed at their rice mill, Bassein.
The applications of the Postmaster-General, Burma, for total exemption on behalf of Mr A.B. Misquita, Telegraphist, so long as he was employed at the look-out station, Tavoy and on behalf of Mr E.V.H. Doyle, Telegraphist on the vessel of war at Tavoy, were granted.
The tribunal granted total exemption to H.M. Whitburn and W. Parry of Finlay Fleming & Co. who were engaged on the oil tankard.
Messrs. Finlay Fleming & Co applied from total exemption on behalf of Mr Durham, who took the place of Mr W.H. Farmer at the tankard moorings. Mr Farmer who was previously granted total exemption, had left their service. Mr Durham was granted total exemption.
The Rangoon Electric Tramway and Supply Co. applied for total exemption on behalf of Mr C. George, who had taken the place of Mr C.S. Tilly, who had been granted total exemption previously and had now been transferred. Mr George was granted total exemption. Mr G.R.C. Lewty of the same company was granted total exemption previously. Mr W. Lewty having his place, the company applied for total exemption for seven months on behalf of the latter. The application was granted.
The application of the Chief Officer, Fire Brigade, for total exemption on behalf of Mr W. Reilly Leading Fireman, was granted.
A similar application was granted, being made [by] the Garrison Engineer, on behalf of T.G. Hall, Accountant in his office.
Total exemption for six months was granted to Messrs. Fressanges and Harris, members on the staff of Messrs. T.D. Findlay & Sons.
The tribunal had before them the application of the British Burma Petroleum Co. for partial exemption on behalf of P.B. Morison and W. Vesey, Engineers. Mr McDonnell said he should like to forward these applications to the military authorities for their opinion. The tribunal decided to keep the applications pending for one month in order to obtain the advice of the military authorities.
Mr A.C. Martin & Co. applied for total exemption in respect of Mr A. Persevich who was said to be engaged on antimony smelting at Kamayut for the firm. The tribunal did not consider the reason given adequate and could not see their way to granting the application, which was accordingly rejected.
Mr May Hla Oung applied on behalf of Mr F.A. Boog, employed at the mines in the Amherst and Thaton districts, for total exemption. The application will be kept pending in order that the advice of the Deputy Commissioner concerned may be obtained.
The President said that the Secretary of the Burma Boiler Commission applied for partial exemption in respect of J. Campbell, whose duties took him out of Rangoon at frequent intervals for indefinite periods. If Mr Campbell found that he could not perform the regular parades required by the rules, he should apply to the military authorities for special arrangements to be made to enable him to do the military training necessary. The tribunal on the facts before it was not prepared to grant exemption and the application was therefore rejected,
Total exemption was granted to T. E. Parry, Senior Inspector of customs, Preventive Service, on the application of the Financial Commissioner, Burma.
The same order was passed by the tribunal on the application of the Hindu Chaung and Tin Dredging Co., Tavoy, on behalf of S.J. Welson, and on the application of the High Speed Steel Alloys in respect of Mr E.H. Paul.
The R.E.T. & S. Company applied for total exemption in respect of J.L. Dyson, Chief Engineer and General Manager, who was understood to be over 41 years of age. The tribunal considered that it should be possible for him to do one drill per week and regretted that they could not grant the exemption asked for.
Messrs. W.J. Owens, H.M. Power, C.F. Carey and G. Rees, applied for total exemption in order to enable them to secure appointments in the Irrawaddy Flotilla Co. In the absence of an official intimation from the company to the effect that these applicants had received appointments in the company the tribunal could not see their way to grant the exemptions asked for.
G.A. Federico applied for exemption on the ground that he could not obtain employment until he had received total exemption. The tribunal decided to reconsider the application at the next meeting, the date of which, the President said, would be announced in the papers in the usual manner.
This was all the business before the tribunal.
Rangoon Exemption Tribunal
A meeting of the Rangoon Exemption Tribunal composed of Mr J.P. Hardiman as President, Major L.D. Chambers, the official Military member and Mr G.R. Wilson, the non-official member, was held at the Secretariat buildings on Monday at 9.30 a.m. Mr T.F.R. McDonnell represented the Military Authorities.
R.E.T. Application
The first application was that of Mr J.L. Dyson, Chief Engineer, Rangoon Electric Tramway & Supply Company, who appealed against the order of the tribunal declining to grant him exemption on the ground of the nature of his duties. As the records of the various cases to be dealt with by the tribunal had not arrived, the President inquired of Mr Dyson as to the contents of the letter sent in by him. Mr Dyson, in reply to the President, said that the letter that was sent on his behalf did not give much in the way of explanation because it was assumed that the previous proceedings in regard to applications for a number of other men of the company were in the recollection of the tribunal. He thought that it was stated in the letter that he was the Superintending Engineer of the company and that since the previous exemptions had been granted a number of the company’s men had left. One Engineer in particular, Mr Sherard had gone.
Mr McDonnell: I think that you also said that in the event of there being any local disturbance your services would be required. Mr C.W. Darwood, who was also present with Mr Dyson, said that that was so.
Mr McDonnell: I think that is your main ground. Mr Darwood: Yes, that is the main ground for application.
The President: Did you have any sort of exemption before Mr Dyson? Mr Dyson: When I went home the I.D.F. had not been formed.
The President: You went on leave in 1914? Mr Dyson: I went home in 1916. The R.V.R. was still in existence. Then the I.D.F. business came in. I was not here then.
The President: I think as a fact you are only liable to military duty as men are of the age of 41? Mr Dyson: I presume so.
The President: I think one parade a week and six days in camp.
Mr McDonnell: In Mr Dyson’s case the question of attending camp will have to be considered.
The President: Yes, your position about attending camp will have to be considered.
Mr McDonnell: Supposing when there is an emergency you obtained leave from the officer commanding your corps to attend to your business in the firm. Even so, the military authorities consider that you ought to serve in the I.D.F. as another man training and by training yourself you assist in the training of others. Practically, what Mr Dyson says now is that in case of emergency his services, as far as I can gather, will be required at his own appointment. I have got Mr Dyson’s letter which may I hand in? My instructions are to say that he should serve his military duty, although, most probably, if there was any emergency in Rangoon, he would be allowed to do his work with the company. That is a matter for arrangement with his commanding officer.
The President: Who did your particular duties when you were away? Mr Dyson: Mr Taylor, my Assistant, was acting. Mr Williams was running the business.
The President: What exemption did these gentlemen get? Mr Dyson: Mr Taylor was not exempted. Mr Williams was totally exempted.
The President: For what reason was Mr William’s exempted? Was it for the same reason as you are applying for? Mr Dyson: Yes.
The President: It was not because he was ill? Mr Dyson: No, he has not been ill. I do not think the medical category would exclude him.
Mr Mc Donnell: Mr Taylor is under 41? Mr Dyson: Yes. Mr McDonnell: Is he now here? Mr Dyson: Yes. Mr McDonnell: Practically you will have Mr Taylor’s services.
The President: Is there anything more you would like to being forward before the tribunal Mr Dyson? Mr Darwood: Yes, I should like to say that Mr Dyson is working with a very much reduced staff at present. There is another man, Mr Davidson, who is away and Mr Meikle, the Traffic Manager, who was not exempted by the tribunal, has also gone.
The President: Then have you got substitutes for those men? Mr Darwood: They are all new men. In the case of Mr Davidson we have got a substitute, not in the case of Mr Meikle. The President: How many total exemptions have you got altogether? You will have a fair number. Mr Dyson: We have got a fair number. The President: A fair number? Mr Dyson: I cannot tell you. My recollection is that there is a fair number of exemptions.
Mr Darwood: We are greatly handicapped in Mr Dyson’s case on account of his high technical knowledge of the work. The President: Mr Dyson’s duties do not necessitate his living on the company’s premises? Mr Darwood: You see that on account of the cables he has got to be here, there and everywhere in case of breakdowns.
Major Chambers: Are Mr Taylor and Mr Williams both available? Mr Dyson: Mr Williams has gone home. Mr Taylor is here. He is my Assistant. He is engaged in Government work. Major Chambers: He has total exemption? Mr Dyson: Yes.
The President: On account of the nature of his duties? Mr Dyson: It is an occupation exemption. I do not think it is a medical exemption.
Mr McDonnell pointed out that Mr Taylor was under 41 years of age and exemption was granted him at a time when larger claims were made for men under that age. Since then real claims for exemption were stronger in the case of men over 41. He further pointed out that exemption from attending camp could be given not by the tribunal but by the commanding officer of the corps.
The tribunal retired for a few minutes to consider their decision. After their deliberations the President said: This is an appeal of Mr Dyson, Chief Engineer of the Rangoon Electric Tramway & Supply Company, against the order of the tribunal declining to grant him exemption. The tribunal consider that they would not be justified in granting both Mr Dyson, Chief Engineer and Mr Taylor, Asst. Chief Engineer exemption. Mr Taylor has already had exemption. If the company desire to apply that the exemption already enjoyed by the Asst. Chief Engineer should be transferred to Mr Dyson, the tribunal will be willing to consider that application. But, as matters stand, they do not feel prepared to give Mr Dyson additional exemption.
Mr Darwood: Do you want us to decide that now? The President: You can consider that matter. Mr Darwood: That means merely that it is one exemption.
Mr Dyson: In considering that alternative, may we take it that if I serve it will apply just to the drills and not to special occasions? The President: That is a matter on which the tribunal is not able to pass orders now. Mr Dyson: That will make a considerable difference. I mean, that if it is attending one drill a week I do not mind. The President: I should suggest that you address the commander of your corps on the subject. I think you could get off if you could not possibly do six days in camp. Mr Dyson: If it is a mere question of attending drill on Friday, and that is our day, I do not object to the thing. Personally, I think I can do a drill a week. It is the taking away of members of the staff of the company at the time when they are most likely to be wanted, that I looked to. The President: On that point we cannot advise you. I think you can probably get an expression of opinion from the officer commanding the corps and if necessary I shall ask him to address the officer commanding Rangoon Division. Mr Dyson: That will do. The President: If you agree to come up before us again, you must clear up two aspects of the case (1) the category in which the assistant engineer is, and (2) the concession you may get in the matter of emergency and in the matter of weekly courses in camp. These are two things we want to know.
Other Applications
The tribunal granted the application of H.G. Mardell, 3rd R.G.G.A. for one month’s total exemption on the ground that he was leaving Burma to attend Crystal Palace, England, for the Mercantile Gunnery Course in November.
The tribunal rejected the application of Messrs. Watson & Son in respect of Mr M. Pope, for exemption from attendance at the fort for military duty. That was a matter, the tribunal considered, which concerned the military authorities, and one that the tribunal could not deal with.
Messrs. Bulloch Bros. applied for total exemption in regard to Mr E.C. Vaz, Engineer of the steam launch Yaunggua, plying between Tavoy town and Tavoy anchorage. The Deputy Commissioner, Tavoy to whom the application was referred, intimated that Mr Vaz was in D class, so that no application, in the opinion of the President, appeared to be necessary.
The tribunal considered an application from Mrs M. Hla Oung on behalf of Mr F.A. Boog, Mining Engineer, Moulmein, for total exemption from military duty. This was rejected.
The case for exemption on medical grounds of Mr J.E. Carron, who was asked on the last occasion to be medically examined by the military authorities, was next considered. Mr McDonnell said that this gentleman was asked to be examined by the military medical authorities and his application was adjourned pending the result of that examination. The President said that no further information was available and the tribunal accordingly rejected the application.
Mr G. Federico applied for exemption on the ground that unless he got exemption he could not get civil employment. Mr McDonnell considered that this was an extraordinary application and he wanted to look into it. The tribunal adjourned the consideration of the applicant until the next meeting.
The British Burma Petroleum Co. applied for partial exemption in respect of Mr P.B. Morrison and Mr W. Visey, Engineers, stationed at the Thilawa refinery. The tribunal regarded the production of the mineral of the company as a work of national importance and granted the exemption asked for.
The Irrawaddy Flotilla Co. applied for total exemption in respect of Mr R.O.S. Stokes, Engineer. Mr McDonnell: My instructions are not to oppose any application for grant of exemption to men engaged on steamers. The application was granted.
The last application was that of Mr A.J. Salvador for total exemption on the ground of ill-health. The President said that Mr Salvador was requested to produce a certificate from the military medical officer. He had not done so and his application must therefore be rejected.
That concluded the business before the meeting. The date of the next meeting, the President said, would be published in the press as usual.
October
Exemption Tribunal
The exemption tribunal with Mr J.P. Hardiman, I.C.S., as President, Major L.D. Chambers, Rifle Brigade, as Military member, T.F.R. McDonnell, as Military representative and G.W. Wilson of Messrs. J.& F. Graham & Co. as non-official members, yesterday sat to consider applications for exemption.
The application of the Chief Secretary to Government for the total exemption for Messrs, Wiskens and Honeyburn, Sergeants in the Rangoon Town Police, was granted.
The application of the Chief Secretary for the total exemption for one year from Oct. 31st 1918, in respect of Messrs. D. Innes, Executive Engineer and Hall Jones, temporary upper Subordinate, P.W.D., Tavoy, was also granted.
The application of G. Federico for total exemption on the ground that if he did not receive total exemption he could not obtain employment was considered. The application was originally adjourned in order that the tribunal may personally interview Mr Federico. Mr Federico had in the meantime withdrawn his application. It was therefore formally rejected.
The application of the Director of Telegraphs for exemption of Mr E.B.H. Doyle, whilst employed on telegraph duty was considered. Total exemption was granted.
The application of Mr F.L. Garood for total exemption for one year on the ground that he was engaged in salvage of a vessel which had stranded on the coast of Burma was considered. Total exemption up to June 30th 1919 was granted.
The application of the Chief Secretary for the total exemption of J.A.P. Stuart, Dist. Superintendent of Police was granted.
The applications of Messrs. F. Milendez and G. Middleton for total exemption on the ground that they wanted to leave Burma for employment at sea was considered. Total exemption for one month was granted.
The applications of Messrs. W.C. Richardson and J. Dotterer of the Royal Hotel for total exemption on the ground of leaving Burma were considered. Total exemption for one month was granted to the applicants.
The application of the Irrawaddy Flotilla Co. for total exemption in respect of C.A. Rees, Supercargo and A.C. Hansen, A. Bellety, C. Fenn, Engineers, was granted. Total exemption was granted to all.
The application of Messrs. E.M. De Souza & Co. for temporary total exemption for two months for Mr Brown, Chemist, in charge of the technical side of their shop during the absence on leave of the manager, was considered. Temporary total exemption for two months was granted.
The application of Messrs. Finlay Fleming & Co. for total exemption of C.E. Rees and B. Moses, Inspectors, whose duties it was to tour Burma and satisfy themselves among other things that the authorised prices on the products of the firm had not been enhanced by the sub-agencies. They were to protect the public against enhanced prices on the produce of the firm. Major Chambers: Are they to protect the public from the increase of prices on oil? Mr McDonnell: That is correct. The tribunal considered that the supervision of the sub-agencies was necessary in order to protect the public against the enhancement of prices and for that reason granted total exemption.
The application of Messrs. Watson & Son for exemption of Mr H. Pope, the Manager of the garage, was considered. Mr Penn said they were absolutely handicapped. They had previously five men in the motor business. The two Watson lads, Messrs. Browett and Bennison and Mr Pope. Mr Browett had joined the Motor House, Mr Bennison had joined the I.A.R.O., the younger Mr Watson had gone to American and the elder left to join the I.A.R.O. a few days ago. They had no one capable of taking charge of the garage. Mr Hardiman: Has not your business been curtailed owing to the inability to import cars? Mr Penn said their work on the other hand had increased owing to the repairs. There were more repairs and less sale of cars. Besides, they could not now get spare parts and had to make them. They were trying to get two men out from England. Mr Pope was constantly called away with the Electric Co. Mr McDonnell: Temporary exemption for six months would do you? Mr Penn: Do us very well. Mr McDonnell: It is important that motor cars should be kept in a state of repair. The President said this was an application of Messrs. Watson & Son for total exemption in respect of Mr Pope, Manager of their motor garage. Mr Pope was the only member of the staff left to supervise the running of the motor department. They had tried to get further assistance from England. Therefore temporary exemption would be given for three months and after that time the application could come up again if their endeavours had not been successful.
The application of Maung Ni Toe, of Tavoy, for total exemption for six weeks for Mr F.M. Keyworth, Surveyor, was considered. The Deputy Commissioner had granted Mr Keyworth leave and there was no necessity for this application, which was rejected.
The application of the Tramway Co. was considered for total exemption of Mr L.M. Abreu, Switchboard Attendant, who was posted to town in place of Mr E. Goodger. Mr Goodger was in receipt of total exemption and had been transferred to the workshop. The transfer was allowed and sanction given to the application.
The application of the Tramway Co. for exemption in respect of G.R.C. Lewty was considered. The tribunal granted exemption till the end of March 1919 in view of the changes at the power house.
The application of G.H. Richards of 56, 38th street, for total exemption on the ground of ill health was considered. The President said the applicant had been placed in class D by the military medical authorities. Total exemption was granted. The applicant in this case, the President said, stated that his waist was weak and limbs were not firm. All his joints seemed to be loose. His brain was feeble and he was forgetful. (Laughter.)
The application of Messrs. Steel Bros. for total exemption to the end of June 1919 for J.S. Nisbet, their Forest Manager, was granted.
This was all the business.
The exemption tribunal with Mr J.P. Hardiman, I.C.S., as President, Major L.D. Chambers, Rifle Brigade, as Military member, T.F.R. McDonnell, as Military representative and G.W. Wilson of Messrs. J.& F. Graham & Co. as non-official members, yesterday sat to consider applications for exemption.
The application of the Chief Secretary to Government for the total exemption for Messrs, Wiskens and Honeyburn, Sergeants in the Rangoon Town Police, was granted.
The application of the Chief Secretary for the total exemption for one year from Oct. 31st 1918, in respect of Messrs. D. Innes, Executive Engineer and Hall Jones, temporary upper Subordinate, P.W.D., Tavoy, was also granted.
The application of G. Federico for total exemption on the ground that if he did not receive total exemption he could not obtain employment was considered. The application was originally adjourned in order that the tribunal may personally interview Mr Federico. Mr Federico had in the meantime withdrawn his application. It was therefore formally rejected.
The application of the Director of Telegraphs for exemption of Mr E.B.H. Doyle, whilst employed on telegraph duty was considered. Total exemption was granted.
The application of Mr F.L. Garood for total exemption for one year on the ground that he was engaged in salvage of a vessel which had stranded on the coast of Burma was considered. Total exemption up to June 30th 1919 was granted.
The application of the Chief Secretary for the total exemption of J.A.P. Stuart, Dist. Superintendent of Police was granted.
The applications of Messrs. F. Milendez and G. Middleton for total exemption on the ground that they wanted to leave Burma for employment at sea was considered. Total exemption for one month was granted.
The applications of Messrs. W.C. Richardson and J. Dotterer of the Royal Hotel for total exemption on the ground of leaving Burma were considered. Total exemption for one month was granted to the applicants.
The application of the Irrawaddy Flotilla Co. for total exemption in respect of C.A. Rees, Supercargo and A.C. Hansen, A. Bellety, C. Fenn, Engineers, was granted. Total exemption was granted to all.
The application of Messrs. E.M. De Souza & Co. for temporary total exemption for two months for Mr Brown, Chemist, in charge of the technical side of their shop during the absence on leave of the manager, was considered. Temporary total exemption for two months was granted.
The application of Messrs. Finlay Fleming & Co. for total exemption of C.E. Rees and B. Moses, Inspectors, whose duties it was to tour Burma and satisfy themselves among other things that the authorised prices on the products of the firm had not been enhanced by the sub-agencies. They were to protect the public against enhanced prices on the produce of the firm. Major Chambers: Are they to protect the public from the increase of prices on oil? Mr McDonnell: That is correct. The tribunal considered that the supervision of the sub-agencies was necessary in order to protect the public against the enhancement of prices and for that reason granted total exemption.
The application of Messrs. Watson & Son for exemption of Mr H. Pope, the Manager of the garage, was considered. Mr Penn said they were absolutely handicapped. They had previously five men in the motor business. The two Watson lads, Messrs. Browett and Bennison and Mr Pope. Mr Browett had joined the Motor House, Mr Bennison had joined the I.A.R.O., the younger Mr Watson had gone to American and the elder left to join the I.A.R.O. a few days ago. They had no one capable of taking charge of the garage. Mr Hardiman: Has not your business been curtailed owing to the inability to import cars? Mr Penn said their work on the other hand had increased owing to the repairs. There were more repairs and less sale of cars. Besides, they could not now get spare parts and had to make them. They were trying to get two men out from England. Mr Pope was constantly called away with the Electric Co. Mr McDonnell: Temporary exemption for six months would do you? Mr Penn: Do us very well. Mr McDonnell: It is important that motor cars should be kept in a state of repair. The President said this was an application of Messrs. Watson & Son for total exemption in respect of Mr Pope, Manager of their motor garage. Mr Pope was the only member of the staff left to supervise the running of the motor department. They had tried to get further assistance from England. Therefore temporary exemption would be given for three months and after that time the application could come up again if their endeavours had not been successful.
The application of Maung Ni Toe, of Tavoy, for total exemption for six weeks for Mr F.M. Keyworth, Surveyor, was considered. The Deputy Commissioner had granted Mr Keyworth leave and there was no necessity for this application, which was rejected.
The application of the Tramway Co. was considered for total exemption of Mr L.M. Abreu, Switchboard Attendant, who was posted to town in place of Mr E. Goodger. Mr Goodger was in receipt of total exemption and had been transferred to the workshop. The transfer was allowed and sanction given to the application.
The application of the Tramway Co. for exemption in respect of G.R.C. Lewty was considered. The tribunal granted exemption till the end of March 1919 in view of the changes at the power house.
The application of G.H. Richards of 56, 38th street, for total exemption on the ground of ill health was considered. The President said the applicant had been placed in class D by the military medical authorities. Total exemption was granted. The applicant in this case, the President said, stated that his waist was weak and limbs were not firm. All his joints seemed to be loose. His brain was feeble and he was forgetful. (Laughter.)
The application of Messrs. Steel Bros. for total exemption to the end of June 1919 for J.S. Nisbet, their Forest Manager, was granted.
This was all the business.
November - December - NIL