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Extracts from
The Rangoon Gazette Weekly Budget, 1917
Indian Defence Force, WWI
Requests for Exemption from Military Service and
applications to the Selection Committee for exemption
Pls. use ctrl + f to search this page
Extracts from
The Rangoon Gazette Weekly Budget, 1917
Indian Defence Force, WWI
Requests for Exemption from Military Service and
applications to the Selection Committee for exemption
Pls. use ctrl + f to search this page
Burma Exemption Tribunals
Indian Defence Force
"The following brief account of progress and in the organisation of the Indian Defence Force is published for general information. Under the Indian Defence Force Act every European British subject ordinarily resident in India who is between the ages of 18 and 41 and is not excepted or exempted is liable to be called out for general military service in any part of India and to do certain training which comprises preliminary training of 30 to 90 hours, according to a man’s previous efficiency and a periodical training of four hours a week with a musketry course and attendance in camp. Men between the ages of 41 and 50 are liable to local service only and while require to do the same preliminary training and musketry as general service men will on completion of that training perform one hour’s drill per week and will not be required to attend camp. Cadets between 16 and 18 are liable for training only.
Out of the number who submitted registration forms under the registration ordinance it was first necessary to eliminate those who were excepted from liability to military service under the exceptions shown in schedule 2 of the ordinance. In this connection it is desirable to emphasise the distinction between “exception” and an “exemption.” Under the Indian Defence Force Act a person who is excepted by the schedule referred to, such as a soldier of the regular forces, a minister of religion or any person over fifty is absolutely excluded from any liability under the act. The District Magistrate and not the exemption tribunal is the deciding authority whether a man is excepted, exemptions, on the other hand, are granted by tribunals to persons who are not excepted from the provisions of the act.
To decide the question of exemption, tribunals were set up throughout Indian, composed in each case of one civil official, one military member and a non-official and they have now nearly completed their tasks. No attempt was made to dictate to these tribunals the method of performing their quasi-judicial functions, but a military officer was charged to appear before each tribunal and to lay before it the views of the military authorities. The following were the instructions given to the military representative as to the general considerations which the military authorities held should govern the grant of exemptions ..."
"The following brief account of progress and in the organisation of the Indian Defence Force is published for general information. Under the Indian Defence Force Act every European British subject ordinarily resident in India who is between the ages of 18 and 41 and is not excepted or exempted is liable to be called out for general military service in any part of India and to do certain training which comprises preliminary training of 30 to 90 hours, according to a man’s previous efficiency and a periodical training of four hours a week with a musketry course and attendance in camp. Men between the ages of 41 and 50 are liable to local service only and while require to do the same preliminary training and musketry as general service men will on completion of that training perform one hour’s drill per week and will not be required to attend camp. Cadets between 16 and 18 are liable for training only.
Out of the number who submitted registration forms under the registration ordinance it was first necessary to eliminate those who were excepted from liability to military service under the exceptions shown in schedule 2 of the ordinance. In this connection it is desirable to emphasise the distinction between “exception” and an “exemption.” Under the Indian Defence Force Act a person who is excepted by the schedule referred to, such as a soldier of the regular forces, a minister of religion or any person over fifty is absolutely excluded from any liability under the act. The District Magistrate and not the exemption tribunal is the deciding authority whether a man is excepted, exemptions, on the other hand, are granted by tribunals to persons who are not excepted from the provisions of the act.
To decide the question of exemption, tribunals were set up throughout Indian, composed in each case of one civil official, one military member and a non-official and they have now nearly completed their tasks. No attempt was made to dictate to these tribunals the method of performing their quasi-judicial functions, but a military officer was charged to appear before each tribunal and to lay before it the views of the military authorities. The following were the instructions given to the military representative as to the general considerations which the military authorities held should govern the grant of exemptions ..."
Exemption Tribunals
With reference to the Local Government military department notification ... the military officers below have been nominated by the General Officer Commanding Burma Divn. to be members of the exemption tribunals at Rangoon and Mandalay Major C.J.K. Pollard, R.A., for the tribunal at Rangoon and Capt. J.W. Hele, Border Regt. for the tribunal at Mandalay. The General Officer Commanding the Burma Division has selected T.F.R. McDonnell, bar-at-law, of Messrs. Lentaigne, McDonnell and Clifton,
to act as a representative referred to in the Indian Defence Force Rule ...
With reference to the Local Government military department notification ... the military officers below have been nominated by the General Officer Commanding Burma Divn. to be members of the exemption tribunals at Rangoon and Mandalay Major C.J.K. Pollard, R.A., for the tribunal at Rangoon and Capt. J.W. Hele, Border Regt. for the tribunal at Mandalay. The General Officer Commanding the Burma Division has selected T.F.R. McDonnell, bar-at-law, of Messrs. Lentaigne, McDonnell and Clifton,
to act as a representative referred to in the Indian Defence Force Rule ...
The Mandalay Tribunal
The Local Government has framed the following list on non-official European British subjects from among whom the President of the Exemption Tribunal at Mandalay shall from time to time nominate the non-official member of the tribunal:-
The Local Government has framed the following list on non-official European British subjects from among whom the President of the Exemption Tribunal at Mandalay shall from time to time nominate the non-official member of the tribunal:-
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R.C.J. Swinhoe, Advocate
H.M. Lutter, Advocate A.H. Hill, Bombay Burma Trading Corpn. J.H. Bloxam, Bombay Burma Trading Corpn. V.B. Webber, Dist. Engineer, Burma Railways E. West, Messrs. Curtis & Co. A.H. Burbridge, Burma Electric Tramways & Lighting Co. |
C.W. Layard, Steel Bros.
R.H. Wakefield, Whiteaway Laidlaw & Co. J. Watson, Irrawaddy Match Factory J.C. Melville, Irrawaddy Flotilla Co. R.J. Stevens, Head Clerk & Accountant, Municipal Office J.H. Neal, Principal and Headmaster, Royal School H.C. Noyce |
Rangoon Tribunal
With reference to the Local Government’s Military Dept. Notification no. ... the following list of non-official European British subjects from among whom the President of the Exemption Tribunal at Rangoon shall from time to time nominate the non-official member of that tribunal:-
With reference to the Local Government’s Military Dept. Notification no. ... the following list of non-official European British subjects from among whom the President of the Exemption Tribunal at Rangoon shall from time to time nominate the non-official member of that tribunal:-
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D. Robertson, The Arracan Co. Ltd.
A.R. Finlay, J.A. Begbie & Co. Sir Arthur Binning, Binning & Co. E.J. Holberton, The Bombay Burmah Trading Corpn. R.H. Trench, The British Burma Petroleum Co. E.O. Anderson, Bulloch Bros. W. Buchanan, Finlay Fleming & Co. E.R. Holdsworth, Craig, Gardner & Harris W. Archbald, George Gillespie & Co. J.W. Wilson, J. & F. Graham & Co. A.P. Cotterell, Joseph Heap & Sons |
J.A. Polson, The Irrawaddy Flotilla Co.
J.A. Swan, Steel Bros. J. Meikle, Stork & Co. R.G. Nicoll, The Mercantile Bank of India F. Watson, Watson & Son F.F. Goodliffe, Barnett Bros. Ltd. G. Blackstock, Rowe & Co. J. McGeachin, Rowe & Co. T.R. Calvert, Whiteaway Laidlaw & Co. C.H. Campagnac, bar-at-law R.S. Giles, bar-at-law |
Exemption
Tomorrow is notified to be the last day on which application for exemption from military service under the Indian Defence Act can be made, unless there has been special reason for the delay. For the last ten days heads of various European firms have been calculating what would happen if this and that man were taken ; what effect their absence would have, ... We are working in the dark at present. No one, however, can fail to recognise the eminently practical spirit in which the authorities have constituted the local tribunal. Major Pollard and Mr Hardiman are both men who know a good deal of commercial life and conditions in Rangoon. It is certainly what Mr Bottomley would call a “business” tribunal.
Rangoon
The Rangoon exemption tribunals commenced sittings ... composed of J.P. Hardiman, I.C.S., President, with Major C.J.K. Pollard, R.A. and Mr R.H. Trench as members. Pleaders were not allowed to represent applicants, who made their application in person or through their various employers, heads of departments etc. ... Mr T.F.R. McDonnell, military adviser represented the military authorities. The President said that Mr McDonnell, the military representative, would make some introductory remarks before proceeding with the exemptions. ...
Tomorrow is notified to be the last day on which application for exemption from military service under the Indian Defence Act can be made, unless there has been special reason for the delay. For the last ten days heads of various European firms have been calculating what would happen if this and that man were taken ; what effect their absence would have, ... We are working in the dark at present. No one, however, can fail to recognise the eminently practical spirit in which the authorities have constituted the local tribunal. Major Pollard and Mr Hardiman are both men who know a good deal of commercial life and conditions in Rangoon. It is certainly what Mr Bottomley would call a “business” tribunal.
Rangoon
The Rangoon exemption tribunals commenced sittings ... composed of J.P. Hardiman, I.C.S., President, with Major C.J.K. Pollard, R.A. and Mr R.H. Trench as members. Pleaders were not allowed to represent applicants, who made their application in person or through their various employers, heads of departments etc. ... Mr T.F.R. McDonnell, military adviser represented the military authorities. The President said that Mr McDonnell, the military representative, would make some introductory remarks before proceeding with the exemptions. ...
The first case was that of Messrs. Bulloch Bros. Mr E.O. Anderson applied on behalf of thirty-one assistants and engineers. Mr McDonnell said that the claim was made for the total exemption of two gentlemen, the General Manager and the Asst. Manager. ... With regard to the Electrician, Mr Miller and three Asst. Engineers, three application were rejected and one was accepted. ... Mr Calder’s application was withdrawn. Mr McNeil’s application was accepted for local service. Mr Gemmel’s application was withdrawn. Mr Gallie’s application for local service was rejected. Mr Glendinning’s application for exemption from general service was granted. Mr Lemon was exempted from general service for six months to enable the firm to obtain an older accountant. Messrs. Sinclair, Bowman and Ellis were exempted. Mr Hardy’s application was rejected as also those of Messrs. Cochrane, Gill, Johnstone, Phillips and Monk. The application of Mr Taylor (Marine Superintendent) and Mr Shale, were granted.
Regarding Bulloch Bros. foundry and workshop engineering staff, the application for general exemption of Mr Edwards, Superintending Engineer, was withdrawn. Messrs. MacIntyre, Grant, MacKenzie and Smith were allowed to do their general service locally. Mr Macleish’s application for exemption from general service only was accepted. Mr Ganny’s application was rejected. The former was Manager and the other Asst. Manager, Bulloch Bros. Bassein. The company withdrew the application in the case of Mr Benjamin, 2nd Engineer and the tribunal granted total exemption for three months to Mr Chapman, Engineer, afterwards he would go on to local service.
Messrs. Bell & Hudson of the B.I.S.N. & Co. were exempted partially ; they were liable to local service. Mr Allen’s application for temporary exemption was withdrawn by the firm in view of partial exemption which tribunal granted. The applications of Messrs. Macgregor, Doyle, Gibson and Matheson were granted. The tribunal accepted four out of six applications from gunners for local service. The two exempted were the oldest among them. The application of Mr Gibson (Telegraph Dept.) for exemption from local service was rejected.
The applications of the following for liability to local service only were granted: Messrs. Dease, Tremanere, Peterbridge, Langford and Fletcher and Capt. Hughes. The application of Mr Fido, Asst. Storekeeper, for temporary exemption was rejected. The application of Mr Whittome, Stock taker, for partial exemption from general service was granted. Mr Lingham’s application for exemption from general service was rejected.
The President said the tribunal would then proceed to take applications from the following firms in order given:- Steel Bros., Ellerman Rice Mills Co., Arracan Co., Joseph Heap & Co. and Wightman & Co.
In the case of Steel Bros. rice and general staff and engineering staff, several applications were made for exemption. The tribunal passed orders on the principals applied in the case of Bulloch Bros. Mr Scott, General Manager, was granted permanent total exemption. Mr Swan was allowed temporary total exemption during Mr Scott’s absence on leave. Messrs. Michie, Barrow, Fairweather, Edwards, Martin and Stewart were granted exemption from general military service, but they would be liable to local service. Mr Matheson’s application for local service was rejected, as were those of Messrs. Rawlins and Watson. Mr Peter’s application for total exemption has been withdrawn by the company and he would be liable to local service. In the case of the five Chief Engineers Messrs. Gerard, Crawford, Crombie, Hutton and Nicoba, the tribunal passed orders as in the case of Bulloch Bros., that was to say, they would receive temporary exemption for three months, which would then be followed by three months liability to local service. After that their case would come up for decision. In the case of Asst. Engineers, the tribunal rejected three out of four applications and granted the fourth, that of Mr Davidson. The applications of the following siz men who applied for exemption from general service and liability to local service were rejected : Messrs. Sinclair, Brewin, Sutherland, Renny, Clark and Anderson.
In the case of Steel Bros. Bassein staff, the tribunal applied the same principal and accepted the application for liability to local service only of Messrs. McCracken and Milne. In the case of the Chief Engineers, Mr Palmer and Mr Davidson they were totally exempted for three months and for the next three months would be liable to local service and their cases would come up for decision again. As regards the European assistants, Messrs. McLaren and Spearman who applied for local service only, their applications were rejected. With regard to Asst. Engineers, Messrs Cumming, Houston and Cole, the principal in the other cases was to reject three-fourths and allow one-fourth. Applying that principal, the tribunal rejected two out of three applications and granted one, Mr Scott, the Manager, was asked to recommend a man for local service. The application of Mr Thom, Saw Mill Engineer, for total exemption was withdrawn and he was made liable to local service. Mr Goodsir, Engineer for Wolfram Mining, was granted total exemption for three months, after which his case would come up again. The application of Mr Kidd (29) for general exemption of military service was withdrawn but the tribunal considered he would be liable for general service. The application of Mr Reich, Saw Mill Engineer, for total exemption was withdrawn and the company asked that he should be given local service, to which the tribunal agreed.
In the case of Messrs. Ellerman Rice Mills, Mr McDonnell said that Mr Reid asked for exemption for himself. The President said that the tribunal would apply, as far as possible, the same principal as in the case of Bulloch Bros. and Steel Bros. Mr Reid as head of the firm obtained permanent total exemption. Mr Rae and Mr Inglis were liable to local service. Mr Craufurd-Stuart was liable to local service for six months and then as he was a comparatively young man he case would come up again for revision. As regards the engineering staff, all the chief engineers would be exempted for three months ; for the next three months they would be liable for local service and after that their case would come up for examination. Messrs. Cameron, Scott, Kay and Martin, Anglo-Indian Asst. Engineers, would be treated in the same way as the Asst. Engineers in other firms, that was to say, three out of four would be placed on the general service list and their applications were rejected ; the remaining one would be liable for local service.
The President at this stage remarked that he would like to point out that the tribunal did not accept the principle in every case that the head of a firm should get exemption. The tribunal took into consideration the age of the head of the firm and his medical fitness ; also the size of the firm and the proportion of its output that was devoted to Government contracts.
In the case of Messrs. the Arracan Co. the company asked for total exemption in the case of Messrs. Robertson, Swete, Scott, Smith and Ellis. The tribunal granted Mr Robertson and Mr Scott total exemption and rejected the application of Mr Swete. Mr Ellis would be liable to local service. The company also asked for exemption from general military service and for the placing on local service of the following:- Messrs. Somervaille, Donaldson, Martin, Watson, Thorburn and Mouat. The tribunal accepted the application. The tribunal rejected a similar application in the case of the folliwjng, who will be liable for general service:- Messrs. Pyett, Hardinge, Davidson and Miller. The company applied for the total exemption of Mr Lowry who was in charge of the Moulmein rice mill. The applicant was granted exemption from general service but not from local service. In the case of Mr Gillespie, Manager, Bassein mill, the tribunal exempted from general service but he was liable for local service. The application on behalf of Messrs. Freeland and Foote for exemption from general service was rejected. Mr Law, Chief Engineer, was granted total exemption from general service for three months but would be liable to local service for the next three months. The application of Asst. Engineer Mr Mabel for exemption from general service was refused.
Messrs. Joseph Heap & Sons applied on behalf of Mr Cotterell and five others for exemption from general service on et ground that some of their men could not be spared. The tribunal granted r Cotterell’s application for exemption from general service but he was liable for local service. Mr Evans, Mill Manager, was made liable for local service. Mr Pusey was made liable for local service from three months and then he would go into general service. Senior Engineer Mr Thompson was allowed temporary absolute exemption for three months ; for the succeeding three months he would be liable for local service and at the expiration of that period his case would come up for re-examination. Mr Hall was liable to local military service and another Asst. Engineer of the firm to general military service.
In the case of Messrs. Wightman & Co., Mr Clay, Manager, was granted exemption from general service.
185 applications in all made on behalf of the different branches of the Irrawaddy Flotilla Co. were next taken up seriatim.
Mr McDonnell said his instructions were to agree to the request of the Irrawaddy Flotilla Co. in view of the importance of keeping up of communication. In fact, they were engaged on work of absolute importance.
The President said he noticed that there were 31 second Engineers, 4 fourth Engineers and 9 second Officers on the list. Was it not possible for arrangements to be made by which the junior members of the establishment could be deputed to training?
Mr Sinclair: I am afraid not. They arrive in Rangoon for a few days at a time. The President: Could you not take away ten, twenty or thirty of the engineering staff at a time? Mr Sinclair: We want four engineers on each steamer and then we are short of engineers.
The President in dealing with the application of the I.F. Co.’s commanders, officers and engineers who applied for total exemption said that a total exemption would be granted for three months only so that the question might receive consideration then in order that some of the staff might be deputed to the central station for military training.
In regard to the applications of Mr Horne, Superintending Engineer and Mr Park, Asst. Superintendent, and twenty-five other employees of the I.F. Co., Dalla, the tribunal decided as follows: They rejected the application of ten apprentice engineers to be exempted from general service and be liable for local service only. Total exemption was granted to Mr Horne, Mr Park, Mr Smith, Foreman Carpenter and Mr Mackness, Foreman Engineer. Liability for local service was imposed on the following: Messrs. Neale, Engineer Foreman ; Mooney and Porter, Foremen Boiler Makers ; Mackay, Accountant ; Rankin, Foreman Electrician ; Craig, Foreman Moulder.
The following would be liable for general service: Messrs. Deacon, Foreman Plater ; Smith, Accountant ; Tomson, Timekeeper ; Dowley, Clerk ; Garnier, Clerk and Hendry. Mr Bridge was exempted from local service for three months only.
In the case of Mr Whittome and twenty-four other employees of the I.F. Co.’s Foundry applications were made some for absolute exemption and some for partial exemptions. The orders of the tribunal were as follows:- Mr Wiltshire was liable to local service as also Messrs. Collins, Accountant ; Thomas, Foreman Engineer ; Mr Stark, Draftsman, being 24 years of age, would be liable to general service. Mr Harris was exempted entirely from service as he was over 49 years of age.
The last application dealt with was from Mr J.A. Polson and twenty-two others of the Head Office of the company. The applications in the case of Messrs. Henry and Baird Smith were granted for exemption from general service. The application on behalf of the following were rejected and they would have to perform general service: Messrs. Cowie, McCreath, Cormack, Simpson and Dry. Mr Mellican was exempted from general service but not from local service. Mr Dean and Mr Desmond were given three months exemption from local service. Applications on behalf of Mr Cochrane-Wilson, I.F. Co.’s Agent at Bassein and Mr P. Galloway, Agent in Prome, for exemption from general service was rejected,
This concluded the day’s proceedings, the tribunal having sat continuously for five and a half hours. In all 418 applications were disposed of. Of these 185 were covered by the single application of the navigating, engineering and office staff of the Irrawaddy Flotilla Co,
The Rangoon exemption tribunal resumed its sitting on Friday at ... Mr J. Scott of Messrs. Steel Bros. asked for certain exemptions on behalf of the timber and wolfram staffs other than the engineering staff. Mr Richardson’s application for exemption from general military service was granted. The other four, Messrs. Glass and Stewart and two others, would have to do general service.
The same firm also applied on behalf of Mr Arnot and four others of the Imports Dept. for exemption from general service. The tribunal passed orders directing that Mr Arnot be exempted and the other four applications were withdrawn.
The President said that application would be taken in the following order: First rubber industry applications, then beans, minerals (other than oil) European retail trades, exports, imports, ... the announcements enabled a number of applicants to leave and return at the various times which were fixed by the tribunal ... The President stated that there were no applications for exemption from the Rangoon Para Rubber Estate Co. as Mr Buckwell had withdrawn his application as to general service. An application was, however, made that orders might be issued that only two out of six assistants should be called up at one time. The President said that this was not a matter for the tribunal to settle ; it was between the persons liable to military duty and the military authorities in the event of those applicants being called on to serve by the military authorities.
Mr Knight, of Messrs. Marshall Cotterell & Co. applied for permanent exemption on account of the work in connection with the wolfram industry. He was the only man in the office at Rangoon. He also pointed out that his firm carried on a wolfram business which was one of the largest.
Mr McDonnell opposed the application. The tribunal regretted that they could not grant general exemption but allowed him a transfer from general to local service. They added the condition that he should be liable after preliminary training to local service, that was to say, the amount of military service ordinarily done – namely one drill a week.
The application of Mr Wilson of Messrs. Begbie & Co. for exemption from general liability was refused. Mr McDonnell said the application was for the selection committee to decide.
Mr Knight, of the Mergui Crown Rubber Estate Co. applied for general exemption on behalf of four European assistants and six subordinates. He represented that five of his staff had joined the army as soon as war broke out and while he had ten assistants before there were only four at present.
The President: A diminution of your staff does not seem to have made much difference to your production?
Mr Knight said they were doing less supervision work now. He was only asking for local service instead of general.
The President: Is the rubber industry quite under control at present? Mr Knight said he had no information about that.
The President said that the tribunal could not accept the application for total exemption on behalf of the six subordinates, which was rejected. In the case of Mr Tennant, Manager, he was granted exemption from general liability. In regard to Messrs. Burn, Yates and Taylor, one of these officers was granted exemption from general service and Mr Knight was asked to select the man.
Mr Richard of the London Rangoon Trading Co. applied for partial exemption on behalf of the General Manager, Mr Gibbon and himself as Manager on the ground that the firm was engaged in national work.
Mr McDonnell: You are a volunteer officer and my instructions are to oppose your application.
The President said that the tribunal had been impressed with Mr McDonnell’s remarks about the obligations of volunteer officers. The tribunal considered that the acceptance of volunteer conditions carried with it obligations which were not lightly to be disregarded and therefore they regretted that his application could not be granted. At the same time the tribunal recognised that the firm had had large obligations to supply beans for Government and it was necessary to carry on the work. Mr Gibbon, who also asked for partial exemption, would be exempted totally.
Mr Stork (Jnr.) of Messrs. Stork & Co. applied for exemption on medical grounds. The tribunal directed applicant to file another application with detailed reasons for exemption and the case would come before them a fortnight hence. Three other applicants, who also filed applications for exemption on medical grounds, were directed to appear before the military medical board for examination of which due notice would be given them and their cases also would come up a fortnight hence.
The application of Mr McDonald, of Messrs. Gillanders, Arbuthnot, for exemption from general service was granted. The applicant was in charge of the shipping and wolfram agency at Tavoy.
Messrs. Harperink, Smith & Co. applied for exemption on behalf of various assistants. On behalf of Messrs. Hogg, Steel and Ferreira the application was for total exemption and on behalf of Messrs. Robinson and Rhodes, for partial exemption. The company have now withdrawn their applications as regards the last two and the tribunal did not think any orders were necessary in their cases. As regards the other three the firm withdrawn the applications on the assumption that the claims of the firm for consideration in respect of its contracts for the munitions department would receive consideration at the hands of the select committee. No orders were therefore required.
Messrs. Gillanders, Arbuthnot & Co . applied for exemption in respect of Messrs. Kellock and Foster. The firm had three European assistants and managers of whom one was on the local list an no application was before the tribunal in respect of him. In regard to the remaining two, the tribunal accepted the application in the case of one and rejected the other. Mr Kellock was granted exemption from general service, while Mr Foster would be liable for general service.
Messrs. Gillanders, Arbuthnot & Co. applied for exemption from local service on behalf of Mr Vertannes who attended to their Customs and Shipping work. The application was granted.
An application was granted Messrs. Marshall, Cotterell on behalf of Mr Barry, an Anglo-Indian Assistant for his transfer from the general to the local service list.
Mr Mahmood of Messrs. Mahmood & Co. General Imports and Export dealers, applied for exemption from general service because he was the only member of his firm. Hr was enrolled as a member of the Rangoon Volunteer Rifles. The tribunal ordered that he be made liable for local service.
Messrs. Rowe & Co. through Mr Blackstock applied for exemption on behalf of a number of their assistants. Mr Blackstock said in view of the remarks made at the tribunal on the opening day he had decided to withdraw the application wholesale, excepting one on behalf of Mr McGeachin for total exemption. He hoped that the selection committee that was to be appointed would examine all the circumstances of the firm with reference to its branches. They had several men in the various branches and if they were taken away, it would mean the closing up of the branches.
The President: I cannot promise you what the selection committee will do. We are the tribunal for hearing exemptions.
Mr Blackstock said in view of the opening remarks of Mr McDonnell at the tribunal he was prepared to withdraw all the applications with the exception of Mr McGeachin, who was 45 years of age. He was not liable for general service but only for local service. He would be very pleased if the tribunal could grant total exemption to Mr McGeachin.
Mr McDonnell said he was instructed to oppose the application. He agreed to absolute exemption for three months for Mr McGeachin.
The President in disposing of the applications said that Rowe & Co. had applied for total exemption on behalf of one officer, Mr McGeachin and partial exemption for 45 European assistants and managers. The company now placed themselves in the hands of the authorities and withdrew the application in respect of 44 out of the 45 and asked that Mr McGeachin be given total exemption. The tribunal accepted that application and he was given total exemption.
Messrs. Brisbane & Bratley applied for partial exemption for themselves. They now withdrew their applications and it was unnecessary for the tribunal to pass any orders.
Mr Calvert on behalf of Messrs. Whiteaway, Laidlaw & Co. applied for partial exemption in respect of eight of their assistants.
Mr McDonnell suggested that the firm withdraw their applications and leave it to the selection committee as Mr Blackstock had done.
Mr Calvert was agreeable to withdraw his application in the case of seven. In regard to the eighth, Mr Millward, who was Assistant Manager, he requested that he should be placed on local service for six months and then go on to the general list. The tribunal accepted that. The company withdrew the application of Mr Ingram, Manager of the firm at Bassein and no orders were necessary.
Mr Fulcher, Cutter of Messrs Bowyer & Sowden, applied for exemption from general service on the ground that if he was taken away there would be nobody to carry on his work. The application was refused.
The next was an application from Messrs. E.M. deSouza & Co. asking for partial exemption in respect of four assistants, namely Messrs. Roadknightm, Wilson, Boudville and Paul. The application was withdrawn in the case of Mr Paul and as regards the other three the tribunal regretted they could not accept the application of Mr Wilson, who would be liable for general service. Messrs. Roadknight and Boudville were exempted from general service but liable for local service.
Messrs. Macfie & Co. applied for exemption in respect of Mr Macfie and Mr Stevenson. In regard to the former he was 41 and no orders were required from the tribunal. In regard to Mr Stevenson the application was rejected and he would be liable for general service.
Messrs. P. Orr & Sons applied for total exemptions for Mr Donald, Manager and Optician and Mr Crump, Gunsmith. The tribunal could not give Mr Donald total exemption. He was exempted from general service only. The application of Mr Crump was rejected.
The tribunal did not see their way to accept the application of Messrs. John Dickenson & Co. in respect of their Manager, Mr Drier, he would be liable to general service.
Messrs. J.R. Allen, Wholesale and Retail Chemists, applied in respect of their Manager, Mr Morton, for total exemption on the ground that he was the sole man in charge. The tribunal rejected the application. A similar order was passed in regard to Mr A.D. Dutt, managing proprietor of Messrs. Rae & Co., who also applied for exemption on the ground that he was in sole charge.
The tribunal rejected the application of Mr Driver of Messrs. Tata & Sons, Rangoon branch, who applied for exemption on the ground that he was the only man in charge.
The application of Messrs. George Gillespie & Co. in respect of Mr Child for partial exemption was rejected.
The applications of Mr H.J. Smith and Mr Mayne of Messrs. Barnett Bros. who applied for total exemption on the ground of ill health, were postponed for a fortnight in order to give the applicants an opportunity of presenting themselves before a military medical board.
Messrs. Finlay, Fleming & Co. applied on behalf of their European covenanted staff. No concession was asked for in connection with Mr Buchanan. In respect of Mr Kelly partial exemption was asked for and granted and he would be liable for local military obligations only. As regards Mr Michie and Mr Grierson, the application for partial exemptions were withdrawn by the firm and no orders were necessary. With regard to Messrs. Forrester, Macdonald and E.G. Fleming their applications for exemption on medical grounds were adjourned for a fortnight for examination by the military medical authorities. Messrs. W.H. Fleming and Laidlaw were exempted from general military service and would be liable for local service.
Messrs. George Gordon & Co. applied for partial exemption on behalf of Mr Scholes, which was refused and he was made liable for general military service.
An application from Messrs. Latham Black & Co. on behalf of Mr Hall for partial exemption was rejected and that of Mr Watt was grated ; he would be liable for local service only.
Messrs. J. & F. Graham & Co. applied fro exemption from general service on behalf of six of their staff. The firm withdrew their applications in respect of Mr McKeand and Mr Wilson. In regard to Messrs. Barker, Sutherland and Rogerson they were exempted from general obligation, but were liable for local service.
Messrs. Fabricius & Co. applied for certain exemptions and the tribunal passed orders as follows. As regards Mr R.A. Britton and Mr Tripp, the company had withdrawn the application on the assumption that arrangements would be made to enable them to undertake their military training with as little inconvenience to the affairs of the company as could be arranged for. The tribunal rejected the application of Mr J.J. Britton for exemption from general service.
The application of Mr Neilson of Messrs. Binning & Co. would come up a fortnight hence after his medical examination.
The application of Mr A.S. Minus, Agent of Messrs. Blenn & Co. for total exemption was rejected.
Mr Peck of Messrs. William Jacks & Co. was exempted for six months from general service, after which his case would come up on revision. That was to give the firm time to find an older substitute fror Mr Peck, who was a young man and a Colour Sergeant of Volunteers.
Mr Rees of Messrs. G. Gillespie & Co. was exempted for six months from general military service ; his case would then come up for revision.
In regard to the Anglo-Swiss Condensed Milk Co. on behalf of Mr Collingwood, the tribunal felt some doubt whether the firm’s business was of national importance ; their order was that Mr Collingwood would be exempted from general service for six months in order to enable the firm to find an older substitute in his place.
The application of Mr Forest of the Burma Oil Co. for total exemption on the ground that he was about to leave Burma will be recalled a month hence.
The tribunal rejected the application of Mr C.H. Seymour of Messrs. Seymour & Co. for total exemption, as it could not consider his business was of national importance. Whether Mr Seymour could be taken on or not was a matter for the selection committee to deal with.
Mr Van Wyck of the Rangoon Gazette applied for total exemption on the ground that he was an American citizen although a volunteer. The tribunal granted him total exemption.
The tribunal considered the application of Messrs. Cowie & Co. in respect of their Manager, Mr Cowie and eight assistants. Of these, Messrs. Malcolm and Winton were in bad health and their cases would be adjourned for a fortnight in order to enable them to present themselves before the medical board. As regards Messrs. McAlister and MacFarlane, they would be exempted from general military service and with regard to the remainder they would be placed on the general service list.
The tribunal rejected the application of Mr A.K. Greene for partial exemption, the President remarking that the tribunal did not consider the applicant’s firm one of national importance.
Rev’d. Mr Courtenay applied for partial exemption from service on behalf of Mr Doherty, of the Mission for Seamen. Mr McDonnell said he was instructed to oppose the application and to say that Mr Doherty should be placed on the general service list. Rev’d. Mr Courtenay then withdrew his application on the ground that he would represent the case before the selection committee.
Rangoon
At Friday’s sitting of the Rangoon exemption tribunal among the applications submitted was that of Messrs. J. & F. Graham & Co. The firm applied for exemption from general service for four out of the staff of six Europeans. No application was made for Mr Wilson or Mr Simkins. The firm withdrew the application on behalf of Mr McKeand. The decision was that exemption from general service was granted to Mr Barker and Mr Rogerson, but refused in the case of Mr Sutherland.
The third sitting took place on Saturday at 1 p.m. R.G. Nicoll, was the non-official member. The President said they would first take up the application on behalf of Government Servants. He asked the military representative to read out the Government orders. Mr McDonnell read the order ...
The first application was that of Messrs. Oppenheimer & Co. Absolute exemption was asked for in respect of five persons namely, Messrs. Miers, Sprackett, Mitchell, Targett and Lewis, on the ground that the firm was engaged in more than half of their work for Government. The firm withdrew their application in regard to Mr Sprackett and Mr Lewis and asked for partial exemption.
Mr McDonnell in dealing with the above application said his instructions were to leave it to the tribunal to say if they were satisfied that the work of each assistant could be spared or not.
The President: What work do you do which is not for Government Mr Miers?
Mr Miers: We have import, piece goods and bazaar business. We have also paint and oil business which are not Government.
The president: Can you give me any idea what proportion of your turn out is for Government?
Mr Miers: More than half is for Government and the rest is private.
The tribunal granted Mr Miers total exemption, Messrs. Targett and Mitchell were totally exempted for three months only. Their cases would then come up for revision. If the firm found its factory was working more easily then the two could be placed on local service. The applications of Mr Sprackett and Mr Lewis were rejected and they were made liable to general military service.
Mr A.E. Pereira of Messrs. J.A. Pereira & Co. applied for partial exemption.
Mr McDonnell: What are you Mr Pereira? - I am a naval contractor. We supply provisions to the navy.
Q : You do not suggest that you are the only firm that provides with stores the navy? – My firm does.
Q : They can get them elsewhere? – I cannot say. Q : Are you an efficient or extra efficient volunteer? – An efficient volunteer.
Mr McDonnell: This is a useful man. He is 29 and I do not see how exemption can be give him.
The tribunal was of opinion that the firm’s business was not of national importance and they did not accept his application.
The applications on medical grounds of Mr Stephenson of Messrs. Coombes & Co. ; B. White, unemployed ; P.A. Paul, Head Clerk of Mr A. Fraser ; J.E. Carron, Mechanical Engineer ; J.R. Allison, 76 Merchant St. and C. Stewart of the Royal Hotel were adjourned for a fortnight to enable the applicants to be examined by the military medical board by whose decision they agreed to abide.
Mr L. Millar, Creek St. was granted total exemption on the ground that he had attained the age of fifty last month.
G.W. Mundy applied for total exemption on medical grounds. He was over 49 years of age. The tribunal granted the application.
Mr McDonnell said the Bombay Burma Trading Corporation had applied for absolute exemption on behalf of Messrs. Rowth and Challoner, who were living fifteen days march from Taunggyi. To get them away from there would cause very great inconvenience and they were rendering service by remaining there. He was instructed by the General Officer Commanding to support the application and say that it was desirable that the two gentlemen should get absolute exemption. There was a further application made on behalf of J.B. Birch, who was doing very important work in connection with the keddahs. He could not be take away from his duties even for a short time without causing great inconvenience.
The representatives of the Corporation said that if they could not give Mr Birch exemption the work of the keddahs would have to be stopped.
The President: How many men have you? - 38.
The President: In respect to them you ask for no consideration, except these two officers at the frontier? – We have 38 men up-country and 7 in Rangoon and I ask for no consideration except for these two men. The tribunal granted the application in the terms of the prayer.
Messrs. Watson & Son applied for total exemption in regard to Mr Penn and four assistants and for partial exemption in respect of six others. The firm revised its application by withdrawing it entirely in the case of all except Mr Penn.
Mr McDonnell said Mr Penn would be 41 in September. He was an efficient volunteer. He left it to the tribunal to decide about him.
The tribunal passed orders directing that nine men on behalf of whom the exemption applications were withdrawn would be subject to general military service. Mr Penn would be exempted from general service and would be liable only to local service.
The President here. at the request of Mr McDonnell, pointed out that an applicant under 41 who was exempted from general service and upon whom partial liability was imposed would have to do for the first three months full preliminary training and on the expiration of that period he would do just the same service as a person liable to general service – he thought it was four hours a week.
Messrs. Douglas and Grant applied for total exemption for their Manager Mr Smith ; they now withdraw that application and asked for partial exemption, which the tribunal granted.
The Oriental Telephone and Electric Co. asked for total exemption for their Manager, Mr Standen, and Asst. Manager, Mr Charlwood, in view of the importance of keeping the telephone system at work in emergency.
Mr McDonnell suggested that Mr Charlwood do general service and that Mr Standen be given local service if the tribunal considered that proper. The tribunal totally exempted Mr Standen and placed the other applicant on the general service list.
The tribunal considered the application of Messrs. Stewart, Raeburn & Co in respect of Messrs. Stewart, Scobie, Howard and Rentoul. The original application was for total exemption for the principal, Mr Stewart and partial exemption for the others. They revised their application as follows. They asked for partial exemption for Mr Stewart and withdrew the application in regard to Mr Scobie. Mr Howard’s case would be adjourned for fourteen days for his medical examination by the military board. As to Mr Rentoul the company asked that such arrangements be made as to obviate the absence from work at the same time as both Messrs. Stewart and Rentoul. Mr Stewart would be totally exempted for three months and he would then be liable for local military service ; Mr Rentoul would have no exemption for three months but for the next three months he would be totally exempted and at the expiration of six months he would revert to the general list.
Mr Clarke, Governing Director of the British Plumbing and Sanitary Engineering Co. asked for total exemption for himself and his works Manager, Mr Smith and Asst. Manager Mr Tippins.
Mr McDonnell agree to Mr Clarke himself being put on local service but he suggested that the other two be taken on general service.
The tribunal regarded the work of the company as of some national importance and they exempted Messrs. Clarke and Smith from general service but they would be liable to local military service. Mr Tippins was granted no exemption.
Mr Young applied for total exemption for six months. He was the only Manager and Engineer of the Burma Cold Stores. The tribunal were of opinion that the Cold Stores were a luxury and they could not consequently grant Mr Young total exemption. He would be granted three months exemption. After three months he would be placed on the general list.
W.H. James, Representative of Linotype and Machinery Ltd. asked partial exemption on the ground that he was the sole representative in Burma. If he was taken from Rangoon users of Linotype machines would be deprived of the sole man qualified to effect repairs on Linotype machines. The next nearest man was at Calcutta and was so busy he could not come down here. Applicant, who was an extra efficient volunteer, was willing to give half his time to military service. The application was refused.
Mr Bray applied for permanent exemption on behalf of himself and for partial exemption on behalf of Mr Curtis, Assistant of the firm of Messrs. Howarth Erskine & Co. on the grounds that the firm had contracts and order in hand for wolfram. Mr McDonnell agree to the exemption of Mr Bray but opposed the other application. The tribunal granted no concession to the assistant ; Mr Bray was made liable to local service.
The application for total exemption of Mr Seymour, in charge of a motor taxi service and repairing shop, was rejected ; he would be liable to general military service.
An application for exemption was considered from W.H. Woodman of Messrs. Woodman & Co., Stevedores. He was engaged in contracts entered into by the Belgian transport service. The tribunal partially exempted the applicant for three months. He would thereafter come on the general list. If he was then still employed on Government contracts it would be open to him to move the Government again at the end of that period.
Mr Hilton (29) extra efficient volunteer, asked to be partially exempted on the ground that he was the sole representative of the Y.M.C.A. He had no other British born subject on the staff. The application was granted.
Mr Ferras (29) Hair Dresser, American citizen, Filipino by race, was totally exempted on ground of nationality.
The application was considered of Mr Hayward, Agent of the Hong Kong Rope Manufacturing Co. who represented that he supplied practically the whole of the cable used by the Burma Oil Co. and produced evidence to that effect. The tribunal granted him partial exemption ; he would be liable to local service.
The tribunal rejected the application for exemption of H. Maitland, part proprietor of the Hans Advertising Agency.
W.H. Barton, proprietor of the Burma Pictorial Press, the Sunday Times, Times of Burma and Moulmein Daily News, applied for total exemption on the ground that if he were called up for service it would mean the publication of his newspapers would cease and his office would have to be closed through his being without any other member of the staff able to carry on the business ; also on the ground that he was physically unfit from the military point of view.
Major Pollard said the applicant looked physically fit. It would mean only one drill a week. Mr Barton: I could not do even a five minute walk. Mr heart is affected.
Mr McDonnell: You ask for exemption on medical grounds? - No, on the ground that my business is essentially a one horse show.
Q : Is it a business of national importance? – Equally with the Rangoon Gazette and Rangoon Times.
Mr McDonnell: I am drawing no comparison with these papers. Is it a business of national importance? – Essentially so. It is of public importance. The public would not even be aware of the existence of this tribunal having opened without the local press.
Q : Apart from that is there any reason why you should not go before a military medical board and do you agree to abide by the decision? - There is no reason why I should go before the board. I;ll willingly go up for ordinary military examination when men over 41 are called.
Q : You realise that the Rangoon Gazette and Rangoon Times editors are not applying for exemption? A : I know nothing about that. I know that Mr Van Wyck was exempted yesterday on a ground, amongst others, that he could not be spared by the paper.
The President : That was on another ground.
Mr Barton went on to say that in the case of the Rangoon Gazette it was different. If the editor was called away, there were others to take his place. He had only one European on his staff, who was in charge of the Moulmein Daily News. He had registered there, but he was rejected as he had one foot, he having lost the other many years ago. He could not possibly manage the business in Rangoon for he was not acquainted with the technical portion of the work. Mr Barton was also shorthanded at present. He was doing the work of two others and put in ten hours work a dat. He had suffered a loss of Rs. 70,000 through a fire in Merchant Street three years ago. He was not insured. It would be very hard if he had to close down the whole of the business.
The tribunal adjourned the application for a fortnight to enable the applicant to produce evidence of unfitness.
L.R. Francis (39) applied for exemption on business grounds and on account of his large family. Mr McDonnell said that was not a ground for exemption. The application was rejected.
P. Williams, 24b York Road, applied for exemption on medical grounds. He represented that he had been medically examined by the military authorities and placed under class D. The tribunal adjourned the proceedings for a fortnight for the applicant to adduce evidence of the class in which the medical authorities had placed him.
J.E. Gamble (41,) Insein, applied for total exemption on the ground of nervous deafness, which he had had for twelve years.
Q : Is that your only reason? - I am a married man. Mr McDonnell: I am a married man. That is no reason.
The application was adjourned for a fortnight to enable him to go before a military medical board for examination.
An application was made by Mr Gibson of the B.I.S.N. Co. on behalf of D.J. Mavis, his motor car driver, who urged that if taken away on military duty he would have no one to support his mother.
Mr McDonnell : Some separation allowance might be given him. The tribunal rejected the application, holding that no reason existed before them for an exemption.
The tribunal adjourned at 4 p.m. after having disposed of about eighty applications.
Next two Sittings
The President said that the next sittings of the tribunal would be on Tuesday, 1st May. The following description of applications would be heard: Timber, Accountants, Architects, Legal profession, Banking profession, Share Broking, Minerals (other than wolfram and mineral oils) and applications made by Port Commissioner. The non-official member of the tribunal would be for the first part of the sitting Mr G. Blackstock and for the remainder of the sitting Mr W. Buchanan. The tribunal would sit again on Wednesday 2nd May to hear application of the following description: Applications presented by Government Officers, Rangoon Municipality, Burma Railways. Applications pertaining to mineral oils and wolfram. The non-official member of the tribunal would be Mr G. Blackstock.
Regarding Bulloch Bros. foundry and workshop engineering staff, the application for general exemption of Mr Edwards, Superintending Engineer, was withdrawn. Messrs. MacIntyre, Grant, MacKenzie and Smith were allowed to do their general service locally. Mr Macleish’s application for exemption from general service only was accepted. Mr Ganny’s application was rejected. The former was Manager and the other Asst. Manager, Bulloch Bros. Bassein. The company withdrew the application in the case of Mr Benjamin, 2nd Engineer and the tribunal granted total exemption for three months to Mr Chapman, Engineer, afterwards he would go on to local service.
Messrs. Bell & Hudson of the B.I.S.N. & Co. were exempted partially ; they were liable to local service. Mr Allen’s application for temporary exemption was withdrawn by the firm in view of partial exemption which tribunal granted. The applications of Messrs. Macgregor, Doyle, Gibson and Matheson were granted. The tribunal accepted four out of six applications from gunners for local service. The two exempted were the oldest among them. The application of Mr Gibson (Telegraph Dept.) for exemption from local service was rejected.
The applications of the following for liability to local service only were granted: Messrs. Dease, Tremanere, Peterbridge, Langford and Fletcher and Capt. Hughes. The application of Mr Fido, Asst. Storekeeper, for temporary exemption was rejected. The application of Mr Whittome, Stock taker, for partial exemption from general service was granted. Mr Lingham’s application for exemption from general service was rejected.
The President said the tribunal would then proceed to take applications from the following firms in order given:- Steel Bros., Ellerman Rice Mills Co., Arracan Co., Joseph Heap & Co. and Wightman & Co.
In the case of Steel Bros. rice and general staff and engineering staff, several applications were made for exemption. The tribunal passed orders on the principals applied in the case of Bulloch Bros. Mr Scott, General Manager, was granted permanent total exemption. Mr Swan was allowed temporary total exemption during Mr Scott’s absence on leave. Messrs. Michie, Barrow, Fairweather, Edwards, Martin and Stewart were granted exemption from general military service, but they would be liable to local service. Mr Matheson’s application for local service was rejected, as were those of Messrs. Rawlins and Watson. Mr Peter’s application for total exemption has been withdrawn by the company and he would be liable to local service. In the case of the five Chief Engineers Messrs. Gerard, Crawford, Crombie, Hutton and Nicoba, the tribunal passed orders as in the case of Bulloch Bros., that was to say, they would receive temporary exemption for three months, which would then be followed by three months liability to local service. After that their case would come up for decision. In the case of Asst. Engineers, the tribunal rejected three out of four applications and granted the fourth, that of Mr Davidson. The applications of the following siz men who applied for exemption from general service and liability to local service were rejected : Messrs. Sinclair, Brewin, Sutherland, Renny, Clark and Anderson.
In the case of Steel Bros. Bassein staff, the tribunal applied the same principal and accepted the application for liability to local service only of Messrs. McCracken and Milne. In the case of the Chief Engineers, Mr Palmer and Mr Davidson they were totally exempted for three months and for the next three months would be liable to local service and their cases would come up for decision again. As regards the European assistants, Messrs. McLaren and Spearman who applied for local service only, their applications were rejected. With regard to Asst. Engineers, Messrs Cumming, Houston and Cole, the principal in the other cases was to reject three-fourths and allow one-fourth. Applying that principal, the tribunal rejected two out of three applications and granted one, Mr Scott, the Manager, was asked to recommend a man for local service. The application of Mr Thom, Saw Mill Engineer, for total exemption was withdrawn and he was made liable to local service. Mr Goodsir, Engineer for Wolfram Mining, was granted total exemption for three months, after which his case would come up again. The application of Mr Kidd (29) for general exemption of military service was withdrawn but the tribunal considered he would be liable for general service. The application of Mr Reich, Saw Mill Engineer, for total exemption was withdrawn and the company asked that he should be given local service, to which the tribunal agreed.
In the case of Messrs. Ellerman Rice Mills, Mr McDonnell said that Mr Reid asked for exemption for himself. The President said that the tribunal would apply, as far as possible, the same principal as in the case of Bulloch Bros. and Steel Bros. Mr Reid as head of the firm obtained permanent total exemption. Mr Rae and Mr Inglis were liable to local service. Mr Craufurd-Stuart was liable to local service for six months and then as he was a comparatively young man he case would come up again for revision. As regards the engineering staff, all the chief engineers would be exempted for three months ; for the next three months they would be liable for local service and after that their case would come up for examination. Messrs. Cameron, Scott, Kay and Martin, Anglo-Indian Asst. Engineers, would be treated in the same way as the Asst. Engineers in other firms, that was to say, three out of four would be placed on the general service list and their applications were rejected ; the remaining one would be liable for local service.
The President at this stage remarked that he would like to point out that the tribunal did not accept the principle in every case that the head of a firm should get exemption. The tribunal took into consideration the age of the head of the firm and his medical fitness ; also the size of the firm and the proportion of its output that was devoted to Government contracts.
In the case of Messrs. the Arracan Co. the company asked for total exemption in the case of Messrs. Robertson, Swete, Scott, Smith and Ellis. The tribunal granted Mr Robertson and Mr Scott total exemption and rejected the application of Mr Swete. Mr Ellis would be liable to local service. The company also asked for exemption from general military service and for the placing on local service of the following:- Messrs. Somervaille, Donaldson, Martin, Watson, Thorburn and Mouat. The tribunal accepted the application. The tribunal rejected a similar application in the case of the folliwjng, who will be liable for general service:- Messrs. Pyett, Hardinge, Davidson and Miller. The company applied for the total exemption of Mr Lowry who was in charge of the Moulmein rice mill. The applicant was granted exemption from general service but not from local service. In the case of Mr Gillespie, Manager, Bassein mill, the tribunal exempted from general service but he was liable for local service. The application on behalf of Messrs. Freeland and Foote for exemption from general service was rejected. Mr Law, Chief Engineer, was granted total exemption from general service for three months but would be liable to local service for the next three months. The application of Asst. Engineer Mr Mabel for exemption from general service was refused.
Messrs. Joseph Heap & Sons applied on behalf of Mr Cotterell and five others for exemption from general service on et ground that some of their men could not be spared. The tribunal granted r Cotterell’s application for exemption from general service but he was liable for local service. Mr Evans, Mill Manager, was made liable for local service. Mr Pusey was made liable for local service from three months and then he would go into general service. Senior Engineer Mr Thompson was allowed temporary absolute exemption for three months ; for the succeeding three months he would be liable for local service and at the expiration of that period his case would come up for re-examination. Mr Hall was liable to local military service and another Asst. Engineer of the firm to general military service.
In the case of Messrs. Wightman & Co., Mr Clay, Manager, was granted exemption from general service.
185 applications in all made on behalf of the different branches of the Irrawaddy Flotilla Co. were next taken up seriatim.
Mr McDonnell said his instructions were to agree to the request of the Irrawaddy Flotilla Co. in view of the importance of keeping up of communication. In fact, they were engaged on work of absolute importance.
The President said he noticed that there were 31 second Engineers, 4 fourth Engineers and 9 second Officers on the list. Was it not possible for arrangements to be made by which the junior members of the establishment could be deputed to training?
Mr Sinclair: I am afraid not. They arrive in Rangoon for a few days at a time. The President: Could you not take away ten, twenty or thirty of the engineering staff at a time? Mr Sinclair: We want four engineers on each steamer and then we are short of engineers.
The President in dealing with the application of the I.F. Co.’s commanders, officers and engineers who applied for total exemption said that a total exemption would be granted for three months only so that the question might receive consideration then in order that some of the staff might be deputed to the central station for military training.
In regard to the applications of Mr Horne, Superintending Engineer and Mr Park, Asst. Superintendent, and twenty-five other employees of the I.F. Co., Dalla, the tribunal decided as follows: They rejected the application of ten apprentice engineers to be exempted from general service and be liable for local service only. Total exemption was granted to Mr Horne, Mr Park, Mr Smith, Foreman Carpenter and Mr Mackness, Foreman Engineer. Liability for local service was imposed on the following: Messrs. Neale, Engineer Foreman ; Mooney and Porter, Foremen Boiler Makers ; Mackay, Accountant ; Rankin, Foreman Electrician ; Craig, Foreman Moulder.
The following would be liable for general service: Messrs. Deacon, Foreman Plater ; Smith, Accountant ; Tomson, Timekeeper ; Dowley, Clerk ; Garnier, Clerk and Hendry. Mr Bridge was exempted from local service for three months only.
In the case of Mr Whittome and twenty-four other employees of the I.F. Co.’s Foundry applications were made some for absolute exemption and some for partial exemptions. The orders of the tribunal were as follows:- Mr Wiltshire was liable to local service as also Messrs. Collins, Accountant ; Thomas, Foreman Engineer ; Mr Stark, Draftsman, being 24 years of age, would be liable to general service. Mr Harris was exempted entirely from service as he was over 49 years of age.
The last application dealt with was from Mr J.A. Polson and twenty-two others of the Head Office of the company. The applications in the case of Messrs. Henry and Baird Smith were granted for exemption from general service. The application on behalf of the following were rejected and they would have to perform general service: Messrs. Cowie, McCreath, Cormack, Simpson and Dry. Mr Mellican was exempted from general service but not from local service. Mr Dean and Mr Desmond were given three months exemption from local service. Applications on behalf of Mr Cochrane-Wilson, I.F. Co.’s Agent at Bassein and Mr P. Galloway, Agent in Prome, for exemption from general service was rejected,
This concluded the day’s proceedings, the tribunal having sat continuously for five and a half hours. In all 418 applications were disposed of. Of these 185 were covered by the single application of the navigating, engineering and office staff of the Irrawaddy Flotilla Co,
The Rangoon exemption tribunal resumed its sitting on Friday at ... Mr J. Scott of Messrs. Steel Bros. asked for certain exemptions on behalf of the timber and wolfram staffs other than the engineering staff. Mr Richardson’s application for exemption from general military service was granted. The other four, Messrs. Glass and Stewart and two others, would have to do general service.
The same firm also applied on behalf of Mr Arnot and four others of the Imports Dept. for exemption from general service. The tribunal passed orders directing that Mr Arnot be exempted and the other four applications were withdrawn.
The President said that application would be taken in the following order: First rubber industry applications, then beans, minerals (other than oil) European retail trades, exports, imports, ... the announcements enabled a number of applicants to leave and return at the various times which were fixed by the tribunal ... The President stated that there were no applications for exemption from the Rangoon Para Rubber Estate Co. as Mr Buckwell had withdrawn his application as to general service. An application was, however, made that orders might be issued that only two out of six assistants should be called up at one time. The President said that this was not a matter for the tribunal to settle ; it was between the persons liable to military duty and the military authorities in the event of those applicants being called on to serve by the military authorities.
Mr Knight, of Messrs. Marshall Cotterell & Co. applied for permanent exemption on account of the work in connection with the wolfram industry. He was the only man in the office at Rangoon. He also pointed out that his firm carried on a wolfram business which was one of the largest.
Mr McDonnell opposed the application. The tribunal regretted that they could not grant general exemption but allowed him a transfer from general to local service. They added the condition that he should be liable after preliminary training to local service, that was to say, the amount of military service ordinarily done – namely one drill a week.
The application of Mr Wilson of Messrs. Begbie & Co. for exemption from general liability was refused. Mr McDonnell said the application was for the selection committee to decide.
Mr Knight, of the Mergui Crown Rubber Estate Co. applied for general exemption on behalf of four European assistants and six subordinates. He represented that five of his staff had joined the army as soon as war broke out and while he had ten assistants before there were only four at present.
The President: A diminution of your staff does not seem to have made much difference to your production?
Mr Knight said they were doing less supervision work now. He was only asking for local service instead of general.
The President: Is the rubber industry quite under control at present? Mr Knight said he had no information about that.
The President said that the tribunal could not accept the application for total exemption on behalf of the six subordinates, which was rejected. In the case of Mr Tennant, Manager, he was granted exemption from general liability. In regard to Messrs. Burn, Yates and Taylor, one of these officers was granted exemption from general service and Mr Knight was asked to select the man.
Mr Richard of the London Rangoon Trading Co. applied for partial exemption on behalf of the General Manager, Mr Gibbon and himself as Manager on the ground that the firm was engaged in national work.
Mr McDonnell: You are a volunteer officer and my instructions are to oppose your application.
The President said that the tribunal had been impressed with Mr McDonnell’s remarks about the obligations of volunteer officers. The tribunal considered that the acceptance of volunteer conditions carried with it obligations which were not lightly to be disregarded and therefore they regretted that his application could not be granted. At the same time the tribunal recognised that the firm had had large obligations to supply beans for Government and it was necessary to carry on the work. Mr Gibbon, who also asked for partial exemption, would be exempted totally.
Mr Stork (Jnr.) of Messrs. Stork & Co. applied for exemption on medical grounds. The tribunal directed applicant to file another application with detailed reasons for exemption and the case would come before them a fortnight hence. Three other applicants, who also filed applications for exemption on medical grounds, were directed to appear before the military medical board for examination of which due notice would be given them and their cases also would come up a fortnight hence.
The application of Mr McDonald, of Messrs. Gillanders, Arbuthnot, for exemption from general service was granted. The applicant was in charge of the shipping and wolfram agency at Tavoy.
Messrs. Harperink, Smith & Co. applied for exemption on behalf of various assistants. On behalf of Messrs. Hogg, Steel and Ferreira the application was for total exemption and on behalf of Messrs. Robinson and Rhodes, for partial exemption. The company have now withdrawn their applications as regards the last two and the tribunal did not think any orders were necessary in their cases. As regards the other three the firm withdrawn the applications on the assumption that the claims of the firm for consideration in respect of its contracts for the munitions department would receive consideration at the hands of the select committee. No orders were therefore required.
Messrs. Gillanders, Arbuthnot & Co . applied for exemption in respect of Messrs. Kellock and Foster. The firm had three European assistants and managers of whom one was on the local list an no application was before the tribunal in respect of him. In regard to the remaining two, the tribunal accepted the application in the case of one and rejected the other. Mr Kellock was granted exemption from general service, while Mr Foster would be liable for general service.
Messrs. Gillanders, Arbuthnot & Co. applied for exemption from local service on behalf of Mr Vertannes who attended to their Customs and Shipping work. The application was granted.
An application was granted Messrs. Marshall, Cotterell on behalf of Mr Barry, an Anglo-Indian Assistant for his transfer from the general to the local service list.
Mr Mahmood of Messrs. Mahmood & Co. General Imports and Export dealers, applied for exemption from general service because he was the only member of his firm. Hr was enrolled as a member of the Rangoon Volunteer Rifles. The tribunal ordered that he be made liable for local service.
Messrs. Rowe & Co. through Mr Blackstock applied for exemption on behalf of a number of their assistants. Mr Blackstock said in view of the remarks made at the tribunal on the opening day he had decided to withdraw the application wholesale, excepting one on behalf of Mr McGeachin for total exemption. He hoped that the selection committee that was to be appointed would examine all the circumstances of the firm with reference to its branches. They had several men in the various branches and if they were taken away, it would mean the closing up of the branches.
The President: I cannot promise you what the selection committee will do. We are the tribunal for hearing exemptions.
Mr Blackstock said in view of the opening remarks of Mr McDonnell at the tribunal he was prepared to withdraw all the applications with the exception of Mr McGeachin, who was 45 years of age. He was not liable for general service but only for local service. He would be very pleased if the tribunal could grant total exemption to Mr McGeachin.
Mr McDonnell said he was instructed to oppose the application. He agreed to absolute exemption for three months for Mr McGeachin.
The President in disposing of the applications said that Rowe & Co. had applied for total exemption on behalf of one officer, Mr McGeachin and partial exemption for 45 European assistants and managers. The company now placed themselves in the hands of the authorities and withdrew the application in respect of 44 out of the 45 and asked that Mr McGeachin be given total exemption. The tribunal accepted that application and he was given total exemption.
Messrs. Brisbane & Bratley applied for partial exemption for themselves. They now withdrew their applications and it was unnecessary for the tribunal to pass any orders.
Mr Calvert on behalf of Messrs. Whiteaway, Laidlaw & Co. applied for partial exemption in respect of eight of their assistants.
Mr McDonnell suggested that the firm withdraw their applications and leave it to the selection committee as Mr Blackstock had done.
Mr Calvert was agreeable to withdraw his application in the case of seven. In regard to the eighth, Mr Millward, who was Assistant Manager, he requested that he should be placed on local service for six months and then go on to the general list. The tribunal accepted that. The company withdrew the application of Mr Ingram, Manager of the firm at Bassein and no orders were necessary.
Mr Fulcher, Cutter of Messrs Bowyer & Sowden, applied for exemption from general service on the ground that if he was taken away there would be nobody to carry on his work. The application was refused.
The next was an application from Messrs. E.M. deSouza & Co. asking for partial exemption in respect of four assistants, namely Messrs. Roadknightm, Wilson, Boudville and Paul. The application was withdrawn in the case of Mr Paul and as regards the other three the tribunal regretted they could not accept the application of Mr Wilson, who would be liable for general service. Messrs. Roadknight and Boudville were exempted from general service but liable for local service.
Messrs. Macfie & Co. applied for exemption in respect of Mr Macfie and Mr Stevenson. In regard to the former he was 41 and no orders were required from the tribunal. In regard to Mr Stevenson the application was rejected and he would be liable for general service.
Messrs. P. Orr & Sons applied for total exemptions for Mr Donald, Manager and Optician and Mr Crump, Gunsmith. The tribunal could not give Mr Donald total exemption. He was exempted from general service only. The application of Mr Crump was rejected.
The tribunal did not see their way to accept the application of Messrs. John Dickenson & Co. in respect of their Manager, Mr Drier, he would be liable to general service.
Messrs. J.R. Allen, Wholesale and Retail Chemists, applied in respect of their Manager, Mr Morton, for total exemption on the ground that he was the sole man in charge. The tribunal rejected the application. A similar order was passed in regard to Mr A.D. Dutt, managing proprietor of Messrs. Rae & Co., who also applied for exemption on the ground that he was in sole charge.
The tribunal rejected the application of Mr Driver of Messrs. Tata & Sons, Rangoon branch, who applied for exemption on the ground that he was the only man in charge.
The application of Messrs. George Gillespie & Co. in respect of Mr Child for partial exemption was rejected.
The applications of Mr H.J. Smith and Mr Mayne of Messrs. Barnett Bros. who applied for total exemption on the ground of ill health, were postponed for a fortnight in order to give the applicants an opportunity of presenting themselves before a military medical board.
Messrs. Finlay, Fleming & Co. applied on behalf of their European covenanted staff. No concession was asked for in connection with Mr Buchanan. In respect of Mr Kelly partial exemption was asked for and granted and he would be liable for local military obligations only. As regards Mr Michie and Mr Grierson, the application for partial exemptions were withdrawn by the firm and no orders were necessary. With regard to Messrs. Forrester, Macdonald and E.G. Fleming their applications for exemption on medical grounds were adjourned for a fortnight for examination by the military medical authorities. Messrs. W.H. Fleming and Laidlaw were exempted from general military service and would be liable for local service.
Messrs. George Gordon & Co. applied for partial exemption on behalf of Mr Scholes, which was refused and he was made liable for general military service.
An application from Messrs. Latham Black & Co. on behalf of Mr Hall for partial exemption was rejected and that of Mr Watt was grated ; he would be liable for local service only.
Messrs. J. & F. Graham & Co. applied fro exemption from general service on behalf of six of their staff. The firm withdrew their applications in respect of Mr McKeand and Mr Wilson. In regard to Messrs. Barker, Sutherland and Rogerson they were exempted from general obligation, but were liable for local service.
Messrs. Fabricius & Co. applied for certain exemptions and the tribunal passed orders as follows. As regards Mr R.A. Britton and Mr Tripp, the company had withdrawn the application on the assumption that arrangements would be made to enable them to undertake their military training with as little inconvenience to the affairs of the company as could be arranged for. The tribunal rejected the application of Mr J.J. Britton for exemption from general service.
The application of Mr Neilson of Messrs. Binning & Co. would come up a fortnight hence after his medical examination.
The application of Mr A.S. Minus, Agent of Messrs. Blenn & Co. for total exemption was rejected.
Mr Peck of Messrs. William Jacks & Co. was exempted for six months from general service, after which his case would come up on revision. That was to give the firm time to find an older substitute fror Mr Peck, who was a young man and a Colour Sergeant of Volunteers.
Mr Rees of Messrs. G. Gillespie & Co. was exempted for six months from general military service ; his case would then come up for revision.
In regard to the Anglo-Swiss Condensed Milk Co. on behalf of Mr Collingwood, the tribunal felt some doubt whether the firm’s business was of national importance ; their order was that Mr Collingwood would be exempted from general service for six months in order to enable the firm to find an older substitute in his place.
The application of Mr Forest of the Burma Oil Co. for total exemption on the ground that he was about to leave Burma will be recalled a month hence.
The tribunal rejected the application of Mr C.H. Seymour of Messrs. Seymour & Co. for total exemption, as it could not consider his business was of national importance. Whether Mr Seymour could be taken on or not was a matter for the selection committee to deal with.
Mr Van Wyck of the Rangoon Gazette applied for total exemption on the ground that he was an American citizen although a volunteer. The tribunal granted him total exemption.
The tribunal considered the application of Messrs. Cowie & Co. in respect of their Manager, Mr Cowie and eight assistants. Of these, Messrs. Malcolm and Winton were in bad health and their cases would be adjourned for a fortnight in order to enable them to present themselves before the medical board. As regards Messrs. McAlister and MacFarlane, they would be exempted from general military service and with regard to the remainder they would be placed on the general service list.
The tribunal rejected the application of Mr A.K. Greene for partial exemption, the President remarking that the tribunal did not consider the applicant’s firm one of national importance.
Rev’d. Mr Courtenay applied for partial exemption from service on behalf of Mr Doherty, of the Mission for Seamen. Mr McDonnell said he was instructed to oppose the application and to say that Mr Doherty should be placed on the general service list. Rev’d. Mr Courtenay then withdrew his application on the ground that he would represent the case before the selection committee.
Rangoon
At Friday’s sitting of the Rangoon exemption tribunal among the applications submitted was that of Messrs. J. & F. Graham & Co. The firm applied for exemption from general service for four out of the staff of six Europeans. No application was made for Mr Wilson or Mr Simkins. The firm withdrew the application on behalf of Mr McKeand. The decision was that exemption from general service was granted to Mr Barker and Mr Rogerson, but refused in the case of Mr Sutherland.
The third sitting took place on Saturday at 1 p.m. R.G. Nicoll, was the non-official member. The President said they would first take up the application on behalf of Government Servants. He asked the military representative to read out the Government orders. Mr McDonnell read the order ...
The first application was that of Messrs. Oppenheimer & Co. Absolute exemption was asked for in respect of five persons namely, Messrs. Miers, Sprackett, Mitchell, Targett and Lewis, on the ground that the firm was engaged in more than half of their work for Government. The firm withdrew their application in regard to Mr Sprackett and Mr Lewis and asked for partial exemption.
Mr McDonnell in dealing with the above application said his instructions were to leave it to the tribunal to say if they were satisfied that the work of each assistant could be spared or not.
The President: What work do you do which is not for Government Mr Miers?
Mr Miers: We have import, piece goods and bazaar business. We have also paint and oil business which are not Government.
The president: Can you give me any idea what proportion of your turn out is for Government?
Mr Miers: More than half is for Government and the rest is private.
The tribunal granted Mr Miers total exemption, Messrs. Targett and Mitchell were totally exempted for three months only. Their cases would then come up for revision. If the firm found its factory was working more easily then the two could be placed on local service. The applications of Mr Sprackett and Mr Lewis were rejected and they were made liable to general military service.
Mr A.E. Pereira of Messrs. J.A. Pereira & Co. applied for partial exemption.
Mr McDonnell: What are you Mr Pereira? - I am a naval contractor. We supply provisions to the navy.
Q : You do not suggest that you are the only firm that provides with stores the navy? – My firm does.
Q : They can get them elsewhere? – I cannot say. Q : Are you an efficient or extra efficient volunteer? – An efficient volunteer.
Mr McDonnell: This is a useful man. He is 29 and I do not see how exemption can be give him.
The tribunal was of opinion that the firm’s business was not of national importance and they did not accept his application.
The applications on medical grounds of Mr Stephenson of Messrs. Coombes & Co. ; B. White, unemployed ; P.A. Paul, Head Clerk of Mr A. Fraser ; J.E. Carron, Mechanical Engineer ; J.R. Allison, 76 Merchant St. and C. Stewart of the Royal Hotel were adjourned for a fortnight to enable the applicants to be examined by the military medical board by whose decision they agreed to abide.
Mr L. Millar, Creek St. was granted total exemption on the ground that he had attained the age of fifty last month.
G.W. Mundy applied for total exemption on medical grounds. He was over 49 years of age. The tribunal granted the application.
Mr McDonnell said the Bombay Burma Trading Corporation had applied for absolute exemption on behalf of Messrs. Rowth and Challoner, who were living fifteen days march from Taunggyi. To get them away from there would cause very great inconvenience and they were rendering service by remaining there. He was instructed by the General Officer Commanding to support the application and say that it was desirable that the two gentlemen should get absolute exemption. There was a further application made on behalf of J.B. Birch, who was doing very important work in connection with the keddahs. He could not be take away from his duties even for a short time without causing great inconvenience.
The representatives of the Corporation said that if they could not give Mr Birch exemption the work of the keddahs would have to be stopped.
The President: How many men have you? - 38.
The President: In respect to them you ask for no consideration, except these two officers at the frontier? – We have 38 men up-country and 7 in Rangoon and I ask for no consideration except for these two men. The tribunal granted the application in the terms of the prayer.
Messrs. Watson & Son applied for total exemption in regard to Mr Penn and four assistants and for partial exemption in respect of six others. The firm revised its application by withdrawing it entirely in the case of all except Mr Penn.
Mr McDonnell said Mr Penn would be 41 in September. He was an efficient volunteer. He left it to the tribunal to decide about him.
The tribunal passed orders directing that nine men on behalf of whom the exemption applications were withdrawn would be subject to general military service. Mr Penn would be exempted from general service and would be liable only to local service.
The President here. at the request of Mr McDonnell, pointed out that an applicant under 41 who was exempted from general service and upon whom partial liability was imposed would have to do for the first three months full preliminary training and on the expiration of that period he would do just the same service as a person liable to general service – he thought it was four hours a week.
Messrs. Douglas and Grant applied for total exemption for their Manager Mr Smith ; they now withdraw that application and asked for partial exemption, which the tribunal granted.
The Oriental Telephone and Electric Co. asked for total exemption for their Manager, Mr Standen, and Asst. Manager, Mr Charlwood, in view of the importance of keeping the telephone system at work in emergency.
Mr McDonnell suggested that Mr Charlwood do general service and that Mr Standen be given local service if the tribunal considered that proper. The tribunal totally exempted Mr Standen and placed the other applicant on the general service list.
The tribunal considered the application of Messrs. Stewart, Raeburn & Co in respect of Messrs. Stewart, Scobie, Howard and Rentoul. The original application was for total exemption for the principal, Mr Stewart and partial exemption for the others. They revised their application as follows. They asked for partial exemption for Mr Stewart and withdrew the application in regard to Mr Scobie. Mr Howard’s case would be adjourned for fourteen days for his medical examination by the military board. As to Mr Rentoul the company asked that such arrangements be made as to obviate the absence from work at the same time as both Messrs. Stewart and Rentoul. Mr Stewart would be totally exempted for three months and he would then be liable for local military service ; Mr Rentoul would have no exemption for three months but for the next three months he would be totally exempted and at the expiration of six months he would revert to the general list.
Mr Clarke, Governing Director of the British Plumbing and Sanitary Engineering Co. asked for total exemption for himself and his works Manager, Mr Smith and Asst. Manager Mr Tippins.
Mr McDonnell agree to Mr Clarke himself being put on local service but he suggested that the other two be taken on general service.
The tribunal regarded the work of the company as of some national importance and they exempted Messrs. Clarke and Smith from general service but they would be liable to local military service. Mr Tippins was granted no exemption.
Mr Young applied for total exemption for six months. He was the only Manager and Engineer of the Burma Cold Stores. The tribunal were of opinion that the Cold Stores were a luxury and they could not consequently grant Mr Young total exemption. He would be granted three months exemption. After three months he would be placed on the general list.
W.H. James, Representative of Linotype and Machinery Ltd. asked partial exemption on the ground that he was the sole representative in Burma. If he was taken from Rangoon users of Linotype machines would be deprived of the sole man qualified to effect repairs on Linotype machines. The next nearest man was at Calcutta and was so busy he could not come down here. Applicant, who was an extra efficient volunteer, was willing to give half his time to military service. The application was refused.
Mr Bray applied for permanent exemption on behalf of himself and for partial exemption on behalf of Mr Curtis, Assistant of the firm of Messrs. Howarth Erskine & Co. on the grounds that the firm had contracts and order in hand for wolfram. Mr McDonnell agree to the exemption of Mr Bray but opposed the other application. The tribunal granted no concession to the assistant ; Mr Bray was made liable to local service.
The application for total exemption of Mr Seymour, in charge of a motor taxi service and repairing shop, was rejected ; he would be liable to general military service.
An application for exemption was considered from W.H. Woodman of Messrs. Woodman & Co., Stevedores. He was engaged in contracts entered into by the Belgian transport service. The tribunal partially exempted the applicant for three months. He would thereafter come on the general list. If he was then still employed on Government contracts it would be open to him to move the Government again at the end of that period.
Mr Hilton (29) extra efficient volunteer, asked to be partially exempted on the ground that he was the sole representative of the Y.M.C.A. He had no other British born subject on the staff. The application was granted.
Mr Ferras (29) Hair Dresser, American citizen, Filipino by race, was totally exempted on ground of nationality.
The application was considered of Mr Hayward, Agent of the Hong Kong Rope Manufacturing Co. who represented that he supplied practically the whole of the cable used by the Burma Oil Co. and produced evidence to that effect. The tribunal granted him partial exemption ; he would be liable to local service.
The tribunal rejected the application for exemption of H. Maitland, part proprietor of the Hans Advertising Agency.
W.H. Barton, proprietor of the Burma Pictorial Press, the Sunday Times, Times of Burma and Moulmein Daily News, applied for total exemption on the ground that if he were called up for service it would mean the publication of his newspapers would cease and his office would have to be closed through his being without any other member of the staff able to carry on the business ; also on the ground that he was physically unfit from the military point of view.
Major Pollard said the applicant looked physically fit. It would mean only one drill a week. Mr Barton: I could not do even a five minute walk. Mr heart is affected.
Mr McDonnell: You ask for exemption on medical grounds? - No, on the ground that my business is essentially a one horse show.
Q : Is it a business of national importance? – Equally with the Rangoon Gazette and Rangoon Times.
Mr McDonnell: I am drawing no comparison with these papers. Is it a business of national importance? – Essentially so. It is of public importance. The public would not even be aware of the existence of this tribunal having opened without the local press.
Q : Apart from that is there any reason why you should not go before a military medical board and do you agree to abide by the decision? - There is no reason why I should go before the board. I;ll willingly go up for ordinary military examination when men over 41 are called.
Q : You realise that the Rangoon Gazette and Rangoon Times editors are not applying for exemption? A : I know nothing about that. I know that Mr Van Wyck was exempted yesterday on a ground, amongst others, that he could not be spared by the paper.
The President : That was on another ground.
Mr Barton went on to say that in the case of the Rangoon Gazette it was different. If the editor was called away, there were others to take his place. He had only one European on his staff, who was in charge of the Moulmein Daily News. He had registered there, but he was rejected as he had one foot, he having lost the other many years ago. He could not possibly manage the business in Rangoon for he was not acquainted with the technical portion of the work. Mr Barton was also shorthanded at present. He was doing the work of two others and put in ten hours work a dat. He had suffered a loss of Rs. 70,000 through a fire in Merchant Street three years ago. He was not insured. It would be very hard if he had to close down the whole of the business.
The tribunal adjourned the application for a fortnight to enable the applicant to produce evidence of unfitness.
L.R. Francis (39) applied for exemption on business grounds and on account of his large family. Mr McDonnell said that was not a ground for exemption. The application was rejected.
P. Williams, 24b York Road, applied for exemption on medical grounds. He represented that he had been medically examined by the military authorities and placed under class D. The tribunal adjourned the proceedings for a fortnight for the applicant to adduce evidence of the class in which the medical authorities had placed him.
J.E. Gamble (41,) Insein, applied for total exemption on the ground of nervous deafness, which he had had for twelve years.
Q : Is that your only reason? - I am a married man. Mr McDonnell: I am a married man. That is no reason.
The application was adjourned for a fortnight to enable him to go before a military medical board for examination.
An application was made by Mr Gibson of the B.I.S.N. Co. on behalf of D.J. Mavis, his motor car driver, who urged that if taken away on military duty he would have no one to support his mother.
Mr McDonnell : Some separation allowance might be given him. The tribunal rejected the application, holding that no reason existed before them for an exemption.
The tribunal adjourned at 4 p.m. after having disposed of about eighty applications.
Next two Sittings
The President said that the next sittings of the tribunal would be on Tuesday, 1st May. The following description of applications would be heard: Timber, Accountants, Architects, Legal profession, Banking profession, Share Broking, Minerals (other than wolfram and mineral oils) and applications made by Port Commissioner. The non-official member of the tribunal would be for the first part of the sitting Mr G. Blackstock and for the remainder of the sitting Mr W. Buchanan. The tribunal would sit again on Wednesday 2nd May to hear application of the following description: Applications presented by Government Officers, Rangoon Municipality, Burma Railways. Applications pertaining to mineral oils and wolfram. The non-official member of the tribunal would be Mr G. Blackstock.
Exemption Tribunal
The fourth sitting of the Rangoon Exemption Tribunal took place ... The non-official member was Mr G. Blackstock for the first part and Mr W. Buchanan for the remainder of the sitting.
The President read out the order in which the various applications would be considered ... The applications by the Port Commissioner on behalf of their men were first, then Bankers, Stockbrokers, Insurance Agents, Timber Agents, Legal Profession, Architects, Engineers, Coal and Mining (other than oil ad wolfram) and various miscellaneous applications.
In regard to the application of the Port Commissioner, the President (Mr Hardiman) said that as he was acquainted with and interested in the chairman and the other individuals who was applying for exemption, he did not wish to join the tribunal. He called upon Major Pollard and Mr Blackstock, the other two members of the tribunal, to deal with the applications in his absence.
Mr McDonnell said he had no objection.
Mr Holmes applied on behalf of Messrs. Lindley (40) ; Cardno (40) ; Wells (33) and James (34) for total exemption.
Mr McDonnell agreed to Mr Lindley, who would soon be 41 and Mr Cardno, having local service. He opposed the application of Mr Wells on the ground that he was a volunteer officer and Mr James because he was only 34 years of age.
The discussion which took place between the military representative and the chairman of the Port Commissioners in regard to various matters connected with the applications was inaudible to the press table.
Mr Cardno of the office of the Conservator of the Port, applied for total exemption on behalf of twenty-one Pilots and Harbourmasters , Shipwright Surveyors, River Surveyors, Superintending Engineers, etc.
Mr McDonnell asked Mr Cardno if he was aware that most of them were volunteers.
Mr Cardo : They are.
Mr McDonnell : Is there any particular reason why they should not do local service, if arrangements could be made to have parades in such a way that they would not interfere with their work?
Mr Cardno : I have no objection.
Mr P. Wells applied for partial exemption on behalf of thirty-seven members of the Traffic Dept., of the Port Trust.
Mr McDonnell said he objected to any volunteer officers being exempted at all. These were his instruction from the Officer Commanding. He therefore took objection to Messrs. Wells and Oehmc.
Mr McDonnell : I put it to you that honesty is the essential requirement in the case of these men?
A. : Yes, there is something else besides.
Mr McDonnell : I am coming to that. The work of these men could be done by natives, I suppose, in the event of emergency?
A. : Yes, it could be done but not as satisfactorily and with a certain amount of risk.
Mr Lindley applied on behalf of Mr Hardinge and nine others of the Engineering staff in the workshop for exemption.
The tribunal passed orders as follows:- The Port Commissioner had applied for permanent exemption from all military service for Mr M.D. Wyllie and twenty others, namely, Pilots and Harbourmasters. Temporary total exemption was granted for one month in order that the military representative might arrange if possible to place them in a separate company where they would be able to do the necessary training for local service without interfering with their work.
The same orders were passed in the case of Mr C.J. Dickie, Commander of the dredger “Hastings” and Messrs. W.H. Crisp and R. Jellicoe, in charge of hydraulic cranes.
In the case of Messrs. H.M. Hardinge, R. Kerr, Hodgson, G.W.R. White, storekeeper, E.E. Snow, Workshop Foreman and five apprentice Engineers the following orders were passed: Mr Hardinge was exempted from general service only ; he would be liable for local service. Mr Kerr (41) was totally exempted on the ground of physical disability. The other applications were withdrawn and they would be liable for general service. In the case of Mr Hodgson, he would be liable for local service only.
In regard to the application of J.P. Wells and 36 others of the Traffic Dept., for exemption from general military service, the tribunal granted to W.T. Bacon and R. Brooks from general service. The other thirty-five applications were rejected. Mr S.J. Gibbs, Asst. Conservator of the Port, was made liable for local service only. The application of N.D. Burgess and L.A. Firth were withdrawn and they would be liable to general obligation. The tribunal granted exemption to H.M. Gregory from general service and refused the application of J.E. Thero, who would be liable for general service.
J.F. Noronha, Clerk of the Port Commissioners’ Office, was exempted for general service and would be liable for local military service only. The application of R.F. Andrews was withdrawn and he was liable to general service. Mr M. Curry’s application for total exemption was rejected.
With regard to the applications of Mr W. Lindley, Acting Resident Engineer and Mr Cardno, Acting Deputy Conservator, they would perform local military service only. J.P. Wells, Superintend of the Traffic Dept. and D.H. James, Chief Accountant, who were officers holding commissions in the volunteer force, were liable to general military service.
The tribunal recommended in the case of the employees of the Port Commissioner that the military representative was to represent to the military authorities that those gentlemen should be placed in one corps, under officers selected if possible from those holding commissions in the Port Trust, so that they might be able to carry out their training without interfering with the work of the port.
Owing to the applications of the Port Commissioners having taken considerably longer than it was expected, he order of the programme was again revised ...
Mr Sitwell of the Bank of Bengal, applied for total exemption on behalf of seven officers of the bank, himself, Messrs. Eager, Scott, Robins, Wright, Beamish. Hopson and Fergie.
The President : What did they do in Calcutta? Did they get partial exemption? A. : They gave us some total exemptions. They have four total and the rest partial.
Q. : How many applications were there in Calcutta? A. : - 32. They gave us four totals out of 32. We can only carry on by extending our hours if many of our staff are taken away.
Q. : Who are the officers who were given total exemption in Calcutta? A. : I do not know.
Mr McDonnell: What did they do in connection with other banks in Madras and other presidencies? I noticed from the local papers that in Madras an application was refused. A. : I have no information on that.
The tribunal passed orders granting Mr Sitwell total exemption. In regard to Messrs. Eager, Scott, Robins and Burgess, partial exemption was granted. Mr Wright was to present himself before a military medical board and his case would come up fourteen days hence. The application of Messrs. Beamish and Hobson were rejected and they would be subject to general military training. Mr Fergie, of the Moulmein branch, would be liable to local service.
The Hong Kong & Shanghai Banking Corpn. applied for partial exemption on behalf of one of three British officers, Mr Winter. The tribunal rejected the application.
The Chartered Bank applied on behalf of Messrs. White and Brearley and three other assistants. Messrs White and Brearley were granted partial exemption, while the other three applications were rejected.
Mr Adlard of Messrs. Scott & Co. asked for partial exemption. He was 40 years of age and informed the tribunal that he had been put in C class by the medical authorities. He was, therefore, given partial exemption. In regard to Messrs. MacIntyre, Livingstone and MacGregor of the same firm, the tribunal adjourned the case of Mr MacGregor for fourteen days for his examination by the military board. Mr Livingstone was granted partial exemption and Mr MacIntyre’s application was rejected.
In respect of Messrs. Thomas Cook & Sons application, the tribunal granted partial exemption to Mr Elliott in charge of their banking business. Mr Scoggins was to go before a military medical board. The application of Mr Shircore, who was in charge of the passage department, was rejected.
Mr Elder, of the Bank of Rangoon, applied for partial exemption and that was granted.
The tribunal had no jurisdiction to hear the applications of Messrs. Finlay Fleming & Co. on behalf of the employees of the B.O.C. oil fields at Nyaunghla. They would be heard by the Mandalay tribunal.
Mr Allan, of Messrs. Stuart Smith & Allan, applied for partial exemption on behalf of Mr Gibson and Mr Greaves. The President: Don’t you think you will be able to get a man out from home who has been incapacitated to take the place of one of your men who may be called up in an emergency?
A. : I do not think so. Q. : Have you tried? - No.
The tribunal granted Mr Allan and Mr Gibson partial exemption and rejected Mr Greaves’ application. The Senior Partner of the firm, Mr Stuart Smith, was on leave and the tribunal’s orders would be subject to revision when he returned to Burma.
Mr Beatty and Mr Meadows, of the New Zealand Insurance Co. and the Royal Insurance Co. respectively, were granted partial exemption on the ground that their firms did a lot of Marine Insurance business.
The application for partial exemption of Messrs. Craig, Gardner and Harris was considered on behalf of Mr Holdsworth, Mr Hall and Mr Robin, The first two applications were granted and the third refused.
The application of the Hindustani Co-operative Insurance Society Ltd., on account of Mr Van Dort, Agent, for total exemption was considered. The President to Mr Bose, the proprietor: Will you find it difficult to replace this man if we take him away? - Certainly. Q. : Most of your assistants are Bengalis and Anglo-Indians – I have got three Bengalis, three Madras’s and the others don’t work regularly. The tribunal thought that it should be possible without much difficulty to the society to obtain an assistant in place of Mr Van Dort, who would be subject to the general military obligations.
Mr Mack, Broker, who applied for partial exemption on the ground that he had dependents to support, was refused. The tribunal also rejected the application of Mr M. Ady, Rice and Produce Broker and Mr Calder, of the China Mutual Life Insurance Co. for partial exemption.
The application for partial exemption of Mr P. Henstock was withdrawn. The applications of Mr E. Cohen, Broker and Shipping Agent of Messrs. Swales Box & Florey, Architects and Surveyors, was refused. The application of Mr Foote of the Upper Burma Wood Co. for partial exemption was granted.
Mr Lancaster, Engineer of Messrs. Foucar & Co. who would be fifty in three months was granted total exemption. Partial exemption was granted to Mr Stoneham, Manager in the office of the timber sales department and Mr Neils, Manager of the Ahlone Saw Mill, of the company. Mr Cotter, of the company, who was in a distant part of the Shan States was granted absolute exemption for six months after which his case would come up again for reconsideration. As regards the remaining forest assistance, for whom originally the company asked for partial exemption, the company had withdrawn their applications and they would therefore be liable to their military training at Maymyo in the same way as the other timber firms.
At Tuesday’s sitting of the Rangoon exemption tribunal the application for the total exemption by Messrs. Macgregor & Co. on behalf of M. Thompson, Engineer, who was over 49 years of age, was granted. This was the only application made by the firm.
The tribunal granted partial exemption to Mr Nisbet, Forest Manager, Messrs. Steel Bros. and Mr Kerr, their Asst. Forest Manager, on the assurance of the military representative that arrangements would be made by which the applicants would perform their military service with as little inconvenience to the company as possible.
The Rangoon Electric & Tramway & Supply Co. applied through Mr Taylor for total exemption on behalf of sixteen of their engineering staff on the ground that they were attending to the lighting work of the town and for partial exemption on behalf of the accountant. The tribunal were of opinion that there was some overlapping and that it might be possible for the company, on re-consideration of their list, to free some of the sixteen employees for whom they asked for total exemption, at any rate, for local service. In order that the list might be re-examined the application would be adjourned to May 9th.
Mr Drinkall, Dentist, applied for total exemption. The tribunal granted partial exemption. Mr Drinkall would be liable to local service. If he found that it was impossible for him to carry on his public duties after being made liable to local service, it was open to him to move the tribunal again.
The applications of Messrs. P. Ripley and G. Ripley, of the Hanthawaddy Press for partial exemption was rejected ; their application was on the ground that their business would be affected.
The application of the Motor House Co. for partial exemption on behalf of Mr Carruthers was withdrawn and no orders of the tribunal were therefore needed. The tribunal granted partial exemption to Mr Linskill on behalf of whom total exemption was asked for. Should Mr Carruthers be taken away it would be open to the company to move the tribunal again in Mr Linskill’s case.
Mr Fyfe, Acting Manager of Messrs. Jessop & Co. was granted six weeks exemption and then would become liable for general service.
Mr Angus, Engineer of Ahlone, applied for total exemption for family reasons. The application was refused and he would be liable for general military service.
W.T. Palmer, Agent at Moulmein of the Siamese Government applied for total exemption on the ground that he was in the service of neutral foreign Government and could not undertake military training without inconvenience to that Government, and that he had not got the consent of his employers to undertake that employment. Total exemption was granted.
G.V. Clark of Messrs. Clark & Greig, applied for partial exemption on behalf of Mr Flavell, which was granted. The application for total exemption on behalf of himself was adjourned till May 7th to enable Mr Clark to state his grounds of exemption more precisely.
The tribunal did not see their way to grant total exemption to W.G. Cooper (31) of the Burma Electrical Stores.
Messrs. Graham & Co. applied for temporary exemption on behalf of Mr Carroll until the termination in October next of their oil lease. The application was refused. Mr Carroll would be liable for local service.
Dr. Pearse applied for total exemption on behalf of two assistants employed in the Burma Chemical Industries Ltd., who were the only British subjects in the firm. He represented that practically the whole of the firm’s output went to the various mineral oil producing companies in Burma ; that the mineral oil companies supplied war requisites to the navy and army and that the Chemical Industries Ltd. was also engaged in the supplying of national war requisites. The tribunal accepted that view and granted both applicants total exemption.
Messrs. H.V. Low & Co. applied for exemption on behalf of Messrs. Lackersteen (42) and Hosie (35) for total exemption. The company was engaged in supplying coal for the Local Government, Indian Marine and to Admiralty vessels. It represented that the duties of those two gentlemen took them down river continuously and made it almost impossible to perform, their military training. The tribunal granted total exemption to Mr Lackerstren and partial exemption to Mr Hosie. Mr Buckwell (39) of the same company, was granted partial exemption.
R.E. Smith applied for total exemption on the ground that as a mineral prospector it was impossible for him to carry out his military training and on the ground that he was unfit physically. The tribunal adjourned his case for a fortnight to enable him to be examined by a medical board.
The application of W.R. Smith, of the Soap and Candle Co. for partial exemption was withdrawn.
The fifth sitting of the Rangoon Exemption Tribunal took place on Wednesday. The non-official member was G. Blackstock. The President announced the following order in which the applications would be taken ...
H.B. Huddleston, Agent, Burma Railways, said his application would not take two minutes. Mr Huddleston read a telegram received from India as to instructions regarding the total exemption of all railway employees, which the press were asked not to publish. Mr Huddleston proceeded to say that he had asked for total exemption in the case of 325 employees out of 453 who were liable for general military service. The President said the applications of the Burma Railways would be adjourned for fourteen days in order that the arrangements made by the Government of India in respect of the railway employees might be communicated to the tribunal.
The applications received from the Rangoon Municipality in its various departments, were next brought up. G. Scott, President, Rangoon Municipality, applied for total exemption on behalf of G.L. Tuppen, Chief Officer of the Fire Brigade. Mr Mc Donnell said in view of the importance of the work of the Fire Brigade his instructions were that Mr Tuppen should be permanently exempted.
Mr G. Scott said Mr Tuppen was applying on behalf of practically the whole of his staff. He was applying on behalf of Mr Tuppen only. Mr McDonnell : There are a third officer, junior extra fireman, and seven foremen and a steam engine driver ; all these men are engaged day and night? - Yes.
Q : They live on the premises and are always there? - Yes. At present we are shorthanded. Mr McDonnell: My instructions are to leave it to the tribunal. The President: Do you know what orders were passed in Calcutta in regard to such cases? – I have not seen any orders.
Q : Are you under the Municipality there? - They come under the Commissioner of Police. Mr Blackstock: Are these men continuously on the premises. You do not ask for any shifts at all? – No. The only leave the men have is two hours at a time.
Q : They are not doing local service? - Mr Cabell made it a rule that a man joining the fire brigade had to resign any volunteer corps of which he might be a member.
Mr McDonnell asked that Mr Blake, Veterinary Officer, might be exempted in consequence of the nature of his duties. He was also not in good health.
Mr Scott also put in an application on behalf of C.C. Cameron, Secretary and Mr J. Latimour, Accountant, for particle exemption. Mr Marshall, Chief Engineer, Rangoon Municipality applied for total exemption on behalf of Mr Walker, Asst. Engineer, Water and Sewage Dept., and twenty five others of his staff. Mr Walker’s services were necessary in case of breakdowns in his department and he had no spare time. Mr McDonnell agreed to total exemption in the case of Mr Walker.
Q : Mr Simpson, Mr Salvador and Mr Villa are in your list? – Yes.
Q : They are engineers in charge of the Yegu pumping station? – Yes.
Q : That is six and a half miles away from Rangoon? - Yes.
Q : The pumping station works continuously day and night? - Yes.
Q : Are these three men out at the same time? - Yes.
Q : They never come to Rangoon? - They do sometimes.
Q : Supposing there were drills in the morning and in the evening if arrangements could be made, could they not come for drills. Are any of them volunteers? - No.
Q : During the last twelve months did you have any occasion on which all three were required at the same time? - No.
Q : Then it is only in case of a possible emergency that they are required? - Yes.
Q : There is Mr Smitz in charge of the Hlawga Lake and Mr Gasper in charge of the pipe line who work fifteen miles away? - Yes.
Q : Are they continuously on duty? - Yes.
Mr Marshall withdrew the application on behalf of R.D. Taylor, Asst. Engineer in charge of Municipal buildings. He was liable for local service as he was over 41.
The engineer asked for exemption of behalf of Messrs. Catchick, Quinlivan and Castina, who were the only persons familiar with the mains and water pipes and their services were necessary in case of fire. He agreed to withdraw Mr Castina’s application, who was liable to local service and those for total exemption in regard to Messrs Carr and Pegrum.
In regard to Messrs. Hurcombe and Penfold, Engineers at the Compressor Station, it was represented that they were continuously at their work. Mr McDonnell said he would leave it to the tribunal to pass such orders as it thought fit.
In respect to Messrs. Hollywell, Cooper and D’Silva, at the Ejector Station, it was pointed out that if one of them was taken away for local service the other two could not look after the Ejector Station. Mr McDonnell: I think that is so.
The engineer withdrew the application on behalf of Mr Abraham.
The cases of Mr Simpson (29) Caretaker, Kokine Lake, Mr Row (41) Caretaker of the Jubilee Hall and Mr Rosner (34) in charge of parks, gardens and road side trees, were next considered. The President: Are they not all in the way of luxuries? - No. In the case of Mr Simpson, if the bund should burst he is there to keep watch. I do not object to Mr Simpson being on local service. I want the other two. Mr McDonnell: My suggestion is that Mr Rosner should take the risk of being called for general service and the others should be on local service. The President: The question is, can you find in the place of these men if they are taken away any men who could work in their place? - No they would not do the work adequately.
The cases of Mr Lackersteen, Acting Asst. Engineer, Mr Best, in charge of the water and sewage department, Mr Wanson, Mr Dumont, Building Engineer and Mr Dutt, Overseer, were considered. Mr McDonnell said that as far as the first two were concerned the President of the Municipality informed him that Mr Lackersteen had been deputed to be Chief Officer to ascertain of a sufficient water supply was available and he (Mr McDonnell) was prepared to accept that Mr Lackersteen was an officer wanted in connection with the Fire Brigade. With regard to Mr Dumont, the Chief Engineer in reply to the military representative said that more buildings were going on now than before. The President: Do you know how they dealt with the Engineer’s staff of the Calcutta Corporation? The chief Engineer: I do not. The President (to Mr McDonnell): Have you any information on the subject? A. : I have none.
The Veterinary department exemption applications were next taken up. Mr Blake asked for local exemption for the first five on his list and left the other five to the orders of the select committee. The first five were Messrs. Newman, Daly, Maitland, Taylor and Nelson. The other five were Messrs. Wilson, Bellety, Woods, Minus and Penfold. The President: Can you not replace any of them by natives of India or others? - No. Q. : What is your strength: - At Theinbyu there are 800 bullocks, at Ahlone 700, and at Kemmendine 150.
W.A. Strong, Acting Assessor, applied for partial exemption on behalf of Messrs. Meyers, Sparks, Dumont, Raynor and Wood. The President: I notice that Government has not asked for exemption in respect of any of its clerks. Mr Strong said he only wanted two clerks exempted. The President said there must be many cases in Government officers where there were only two British born subjects and Government was willing to take the risk of the men being taken away for service. Mr Strong said that the exemption was asked for only two men.
The tribunal gave the following decision. In the case of the Chief Engineer’s staff, the tribunal agreed to partial exemption to be granted to Mr Walker. Total exemption granted to Messrs. Villa, Salvador, Wilson, Smitz and Gasper. Total exemption was likewise granted to Messrs. Catchick and Quinlivan and partial exemption to Messrs. Castina, Carr and Pegrum. Total exemption was granted to Messrs. Hurcomb, Penfold, Holloway and D’Silva. The applications of the following were rejected: Messrs. Simpson, Row, Rosner and Abraham. Partial exemption was granted to Messrs. Lackersteen, Best, Wason and Dumont. The application for total exemption in the case of Mr Dutt was rejected. The application of Mr Tuppen and the whole staff of the Fire Brigade for total exemption was granted. Mr Blake was granted total exemption and Messrs. Newman, Daly, Maitland, Taylor and Nelson were granted partial exemption. The Municipality withdrew the application for exemption in respect of Messrs. Wilson, Bellety, Woods, Minus and Penfold.
In regard to the clerical municipal establishment the President said the tribunal had endeavoured to apply the same principle as that applied by Government in respect of their clerical establishment. Consequently the tribunal rejected the application for partial exemption for Mr Ferdinands, Chief Clerk in the building department. It also rejected the following applications for partial exemption – Messrs. Cameron, Latimour, Meyers, Sparks, Daly, Dumont, Raynor and Woods.
The tribunal rejected the application of Messrs. Minus and Summers. Revenue Inspector and Clerk respectively in the Assessor’s department and of Messrs. Coombes, Jones, Gomes and Henderson (Senior Inspector of the Cart department,) Pereira, Stahlman, Pegg and Rosario, Chief Clerk, Stenographer, Record-keeper and Clerk respectively.
Mr MacPherson, of the Burma Boiler Commission, applied on behalf of various Inspectors under the Steam Boilers and Prime Movers Act for a concession to be made in regard to drills. He pointed out taht he did not ask either for total or partial exemption, but merely that when military service of those covered by the application was arranged, he would like that it be so arranged that the work of the department would be conducted with as little inconvenience as possible. The tribunal formally rejected the application embodying that note in their order.
J. Jordan (22) Excise Officer, extra efficient volunteer, applied for exemption from general military service on the ground that he was supporting his invalid widowed mother and two unmarried sisters. The President: One of your brothers lost his life in Mesopotamia? - Yes. One brother was invalided home after eight months in Mesopotamia and the third brother is at present in France. Mr McDonnell: Why cannot you do something too? -- A. I said I have an invalid widowed mother and two unmarried sisters; otherwise I am willing to do my share. Mr McDonnell: That is a matter for the selection tribunal. The tribunal regretted that the matter was one which they could not take into account and rejected the application.
The tribunal granted total exemption to Mr Bell, Clerk of the Chief Secretary’s Office, on the ground that he had been on active service with the Mobile Battery in Mesopotamia and had been wounded.
The Chief Collector of Customs withdrew the applications made in respect of various employees of the department and said he would submit revised applications later.
The following applications were adjourned for a fortnight to enable the applicants to go before the military medical board: G.J.S. Nicholas, Clerk in the office of the Superintending Engineer, Pegu ; Mr Deetjen, Clerk in the office of the Superintending Engineer, P.W.D. ; V.P.H. Nasse, of the London Trading Co. ; Mr Ty’Dee, Hair-dresser, Insein ; J. Beachell ; W. D’Castro, Clerk in the office of the Inspector-General of Civil Hospitals ; Mr Tomlinson, Clerk.
J.W. Atkinson, of the Burma Detective Bureau, applied for total exemption on the ground that he was doing public service. Mr McDonnell: Why should you be absolutely exempted? You are a Private Detective? - Yes. How old are you? - 45.
Q : Why should you get absolute exemption? - The work I am doing is more useful than drilling. Major Pollard: Have you been in the army? - For ten years. Mc McDonnell: You are a very valuable man for the defence force then. The applicant said that ninety per cent of the work he did was in connection with crime. For that reason he had been given the powers of a police officer in connection with crime on the river. The tribunal rejected the application of Mr Atkinson who would be liable to local military service.
The next application was that of Messrs. Finlay Fleming & Co. on account of the staff of the Burma Oil Co. employees at Syriam. The President said in dealing with the application in respect of mineral oils, the tribunal had borne in mind the importance of preserving the output of oil and oil products in the national interests. As regards the particular application from Syriam, Mr Ritchie informed the tribunal that the Indian staff employed at Syriam numbered 8,500, that out of the total European British staff of 191, applications had been made by him on behalf of 81 only, and that a considerable proportion of the officers of the company had already been detached to military duty. The applications in respect of the Syriam staff were for partial exemptions only for 49 mechanics, engineers and persons employed in other vocations connected with the industries. The company withdrew their applications for partial exemptions in respect of Messrs. Allan, Hope and Wood, all three of whom are officers in the Rangoon Volunteer Rifles. They further revised their application by asking for total exemption for Dr. Sommers, Messrs. Farmer and Baxter, all employed in Supervising the storage of oil, petrol and other inflammable products at Syriam. The orders of the tribunal were that the applications as revised would be granted that was to say, partial exemption would be given to 56 men employed in the oil works at Syriam, and total exemption to Dr. Sommers and Messrs. Farmer and Baxter.
The next application was, said the President, that of Messrs. Finlay Fleming & Co. on account of the staff of the B.O.C. employed at Duneedaw. The company applied originally for partial exemption only in respect of Mr Bishop, General Manager and twenty others, engineers, assistant chemists and persons employed in other capacities. Subsequently they revised their application and asked for total exemption in the case of Mr Bishop , who would be beyond the age limit in a short time. The orders of the tribunal were that the application as revised would be granted, that is to say, Mr Bishop would receive total exemption and the twenty others partial exemption.
Mr Ritchie further applied on account of the office staff for partial exemptions only in the case of fifteen persons. The application was later revised and the applications in respect of Messrs. Vaughan, Smith, Mackenzie ad Goodchild were withdraw. The tribunal sanctioned the application as revised, that was to say the above three [sic] applicants would be placed on general service and the others for whom partial exemptions was asked for would receive partial exemption.
The next was an application on behalf of the heads of departments – Manager, Chief Engineer, Chief Chemist, Store-keeper, Accountant and Medical Officer of the British Burma Petroleum co. The original application was for partial exemption for nine persons; that was subsequently revised into an application for partial exemption for four. The tribunal granted the revised application, that was to say, Messrs. Denham, Conn, David and West would receive partial exemption. The Accountant and Mr O’Leary, would have to go before the medical board, as their applications were based on medical grounds. The President said there was an application by the same company in respect of Mr Trench, General Manager, Mr Compton, Accountant and two Assistants, Messrs. Turnbull and Rouse. The original application was for partial exemption for five officers. That was subsequently revised into an application for partial exemption for three officers, namely, Messrs. Trench, Compton and Turnbull. Mr French [Trench] was a volunteer officer being in command of the Electrical Engineer section of the Port defence Volunteer Corps. and the tribunal had taken his case into particular consideration in revision of the general principles which they enunciated at the first days sitting. Whilst reluctant to deviate in any manner from those principles, the tribunal had come to the conclusion that Mr Trench’s case was of a special nature. The Electrical Engineers of the Port Defence Volunteers had been once mobilised during the war; it was at present partly mobilised. Mr Trench might be at anytime liable to perform local service at the forts and it was not likely that any other kind of local service would be demanded of him. He was, moreover, head of the department of a firm which was of importance and the tribunal had held that the head of a firm had good claim for some consideration. Finally, the oil industry was regarded by the tribunal as one of considerable national importance. For those reasons they departed in the case of Mr Trench from those principles and he would be granted partial exemption. Messrs. Turnbull and Compton would be granted partial exemption.
The next was an application from the Indo-Burma Petroleum Co. on behalf of their Works Manager, Mr Dickie and thirteen other employees. The application was subsequently withdrawn in the case of Mr Dickie and he would apply himself separately. The tribunal passed orders granting the application as revised, that was to say, three chemists, one office assistant, one candle house superintendant and eight engineers would receive partial exemptions.
The next was an application from Mr Thorpe for total exemption. He had already served in Mesopotamia and had been wounded. The tribunal granted him total exemption.
On the application of the B.B. Petroleum Co. in respect of their Manager, Chief Engineer, Chief Chemist and Store-keeper the tribunal granted partial exemptions as prayed for.
Messrs. Steel Bros. applied on behalf of the European staff of the Indo-Burma Petroleum Co. for partial exemption. They withdrew their applications on behalf of Messrs. Cameron, Wilson and Miller and these were not considered. In the case of Messrs. Craig, Harman and McCreath they were granted partial exemption.
Messrs. Steel Bros. applied on behalf of Jamal’s Cotton Produce Dept., for partial exemption of Mr Weir and Mr Nelson. They withdrew the application in respect of the latter and the tribunal did not grant the application in regard to the former.
The President announced that the following applications had been withdrawn and accordingly formally rejected:-
Messrs Whiteaway Laidlaw & Co. in respect of Mr Gardner, Branch Manager at Prome, and in respect of Mr Snow, Branch Manager at Moulmein ; Messrs. Foucar & Co. in respect of H.P. Wheeler, on the assumption that arrangements would be made to provide military training for him in such a manner as to cause as little inconvenience as possible to the working of the firm.
The following applications were rejected: J.A. Emin of Messrs. Emin & Co. Architects and Contractors ; O.S. Murray of H.V. Scott & Co., Undertakers ; J. Meyer of S. Atherton & Co. ; J.M. Daly of Abdul Rahman & Co. ; Mr Comotto of Messrs. Comotto & Elsey, Stevedores.
The application of E.A. Meyer was withdrawn.
Messrs. Bulloch Bros. applied for partial exemption in respect of Mr Wright, Manager of their business in Moulmein and Mr Jones, Engineer of Moulmein, both of whom were exempted.
There was an application by Messrs. Steel Bros. on account of their officers at Moulmein. The company had withdrawn the original application in respect of Mr Rees and asked for partial exemption on behalf of Mr Bailey, Assistant, and Messrs. Moss and Pier, Engineers. The tribunal rejected the application of Mr Bailey. Mr Pier would have three months total exemption after which he would be liable to local military service. Mr Moss would be liable to local military service for three months and then be totally exempted for three months. At the end of six months the case would come up for revision.
The application of Mr Dutton of the Singer Sewing Manufacturing Co. was adjourned until 9th May.
Mr A. Grant said that he was 52 years old. The tribunal adjourned his application to 16th May to enable him to supply the tribunal with formal proof of his age.
Mr G. Allison of Messrs Jamal Bros. Was totally exempted on a medical certificate from the military authorities.
Mr Rose, Agent of the Irrawaddy Flotilla Co. at Dedaye, was granted total exemption for three months, after that he would be liable to general military service. The company withdrew their application for partial exemption for Mr McGibbon, their Agent at Moulmein.
The tribunal rejected the application of Messrs. Jamal Bros. on behalf of Mr A. Hutchinson, Engineer at the Pazundaung rice mill. He would be liable to local military service. Mr Milne, Engineer, was given partial exemption for six months when the contracts with the rice mills would be completed. They withdrew their application on behalf of Mr James, Engineer.
The tribunal agreed total exemption for Mr G. McKenzie, of Messrs. McKenzie & Co. The tribunal took the view that motor cars might be of some national importance and consequently exempted Mr McKenzie.
Mr D. Bruce of Messrs. Walker & Whyte, was given a fortnight to enable him to go before a military medical board.
The tribunal rejected the application of P.G. Hollingsworth, student of the Baptist College, who asked that his military service be so arranged as to enable him at the same time to carry on his studies, the President remarking that the matter was one for the commandant of the corps to arrange.
The Adjournment
The President said that the next sitting of the tribunal would be on the 9th May ... The total number of applications received up to date had been between 300 and 400, covering over a thousand persons. The tribunal was pleased to add that a number of applications were made under misapprehension of the military obligation involved and that a considerable number were withdrawn before they were called on for hearing. ...
Rangoon
The sixth sitting of the Rangoon exemption tribunal took place on Wednesday ... at the office of the P.W.D. Secretariat, in Dalhousie Street. The tribunal consisted of J.P. Hardiman, I.C.S, President, and Major C.J.K.. Pollard, I.A., military member with E.R. Holdsworth as the non-official member. The President said applications would be taken in the following order: 1. Certain cases which had come up for revision before the tribunal 2. Wolfran, Tavoy and Mergui. 3. Various Miscellaneous applications. Mr McDonnell said that his instructions were that in applications connected with wolfram, orders should not then be passed. The President said the tribunal would simply hear that day what the various applicants had to say. No final orders would be passed. In dealing with the orders in cases which had some up on revision before the tribunal, the President said that he had received up to date four application for revision. Two of these were from piece-goods interest. The first application was by Messrs. Latham, Black & Co. The original orders on the case of that firm were that Mr Watt should be given partial exemption and Mr Hall’s application should be rejected. Both those gentlemen had asked for partial exemption in the first place. The tribunal had taken the revision application into careful consideration and they regretted that they were unable to alter their order. The main grounds of the petition were, first, the magnitude of the concern and secondly, the fact that in certain other cases, namely, in the piece-goods department of Messrs. Steel Bros. and the piece-goods department of Messrs. J. & F. Graham, local exemption had been given to the heads of the respective departments, namely, Mr Arnot and Mr Barker, whereas Mr Watt as head of Messrs. Latham, Black & Co. had not been given exemption. The tribunal had found, as it must find, some difficulty in applying precisely the same principle to firms the personnel of which differed in numbers. But the principles on which they had gone in the case of piece-goods firms, was to give one officer partial exemption. That was what they had done in the cases of Steel Bros. and J. & F. Graham and also in the case of Messrs. Latham, Black & Co. The tribunal, therefore, could not reconsider their decision.
The next case was one of a somewhat similar nature of Messrs. George Gordon & Co. Their petition in revision also went on the main fact that the business was of considerable magnitude. Practically the same remarks applied in this case too. The firm originally applied for partial exemption for two of their Europeans, Manager and Assistant, Mr Scholes and Mr Parkinson. They revised their application for one and asked for partial exemption for Mr Scholes. In their case the two officers of the firm were aged 26 and 28 and for that reason the tribunal were of opinion that they could grant no assistance and the tribunal were still of that opinion.
The third case was that of Messrs. C.R. Cowie & Co. In the case of Mr Malcolm the tribunal adjourned the application for fourteen days in order that he might appear before the military medical board. The firm now reported that they had arranged to give Mr Malcolm one month’s sick leave and asked that his case be postponed for five or six weeks. The tribunal had no objection to that and the case was adjourned for six weeks instead of fourteen days.
All these three orders, continued the President, were passed by the tribunal upon which Mr Trench was sitting as the non-official member and the present orders passed were with the concurrence of Mr Trench.
Wolfram Applications
The President said, as he had already stated at the outset, the tribunal did not propose to pass any final orders that day on any of the wolfram applications. The tribunal recognised that the importance of maintaining, and if possible, increasing the output of tungsten was essential and they would not run the risk of passing any orders which might prejudice the outturn of wolfram. What they had done was to ask the heads of Rangoon office of tungsten producing firms in Tavoy and Mergui to be good enough to appear before the tribunal and explain the circumstances of their various concessions, what difficulty there was of giving their men military training and generally to enlighten the tribunal as to the circumstances existing in the tungsten districts.
There was one application that they could dispose of and that was of Mr Mullins of the Chartered Bank, Tavoy. Mr Beeston of the Chartered Bank, Rangoon, appeared and was asked by Mr McDonnell if Mr Mullins was an officer in the volunteer force. Mr Beeston replied in the affirmative.
Q. : He is in charge of a section or company? - Yes. Mr McDonnell said that the application made on the ground that Mr Mullins was the only officer in charge of the bank at Tavoy, that it was also the only bank at that place and that the whole of the wolfram finances were attended to by him personally. On the others hand, his instructions were to oppose the application of any volunteer officer.
The President: If Mr Mullins is taken on service in some other part of the province would you have to shut your branch down? - No, the only thing would be to try and find a substitute.
Mr McDonnell: Is it possible to finance through the Accountant-General? A.: That has its drawbacks. May I ask that an officer be sent down who is not a volunteer officer? Mr McDonnell said he was prepared to ask for a report from Mr Brander, Deputy Commissioner, Tavoy, on this matter and he would abide by his recommendation.
The tribunal passed orders as follows:-- Mr Mullins is a volunteer officer. The bank ask for partial exemption for Mr Mullins. Mr Mullins being a volunteer officer the tribunal regret that they cannot accept the application. Should the bank care to replace that officer by a sub-agent, who is not a volunteer officer, his case can be specially considered or re-considered.
Mr McDonnell at this stage informed the tribunal that it would perhaps shorten matters if he were to say that his instructions were from the General Officer Commanding at Maymyo not to oppose any application for exemption from general service by persons concerned in the wolfram industry. As regards local service that would be a matter for report by Mr Brander. He would send all the applications to that officer and he could report on each case. The only question was how much local service could be done by those applicants. As far as he was concerned that was the only thing he had to say.
The President: How long do you want? Mr McDonnell: I should want a month, I imagine. The President said that the Tavoy and Mergui tungsten applications would be adjourned for one month in order that the tribunal might refer to the Deputy Commissioner, Tavoy, to ascertain what that officer’s views were as to the extent of local service or general service which the gentlemen employed in the tungsten industry would be able to do.
The President said that there was one application from Tavoy which they would be able to dispose of immediately. It was an application from the Director General of Geological Surveys, India, for partial exemption of Messrs. Browning and Hayden. The Director of Surveys wrote that they were engaged on urgent work in connection with war material required by the Minister of Munitions. These two officers being in the Imperial Dept., did not come within orders passed by the local Government. The orders of the tribunal were that the application should be accepted and they should be granted partial exemption.
The next application was by Messrs. Finlay Fleming & Co. on behalf of various officers employed at the pumping station near Prome and Thegon. The original application was for total exemption for Messrs. Kerr, Douglas, Pereira, Catchick, Norton and Crest. The company later revised their application for one of total exemption for Mr Kerr and partial exemption for the other five. The tribunal granted the application as revisd.
The next application was that of the Bilin Rubber Estate for total exemption of Mr Carr. Mr Carr was the only European Assistant on the estate. The tribunal applying the same principle which they applied in the case of the rubber plantation in Mergui granted Mr Carr partial exemption.
The application of the Irrawaddy Flotilla Co. in respect of three recently joined 2nd Officers was taken up. They were Messrs. Ellis, Jubb and Lewis, respectively 24, 22 and 23 years of age. The company asked that the same orders should be passed as the tribunal had passed in the case of other navigating and engineering officers of the company, namely, that they should be granted total exemption for three months in order to allow the case to be reconsidered then in consultation with the military authorities. The application was granted. A further application from the Irrawaddy Flotilla Co. was in respect of Mr Burke, who was the company’s Agent at Yandoon. Mr Burke had to attend to the lighting and buoying of the Irrawaddy river and also in the rainy season to attend to salvage and towing operations. He was 43 years of age and the company asked for his total exemption, which the tribunal granted.
The tribunal next considered an application from Mr Dickie of the Indo-Burma Petroleum Co. for total exemption. The President said that Mr Dickie proposed to apply for employment in the munitions department wither in India or England and consequently it was possible he might leave India within a few months. It was for that reason Mr Dickie made the application. He was a volunteer officer on the supernumerary list. His application would be rejected and it would be open to Mr Dickie at any time later should he desire to leave Burma or India to apply to the tribunal again.
Posts & Telegraph Servants
The next application was on behalf of the staff of the postal and telegraph department, Burma. The President in disposing of it said: The following orders have been passed by the Government of India: All persons serving in the postal and telegraph department of the Government of India, who are under the Defence Force Act deemed to be enrolled for general military service, shall receive conditional service exemption from such service. The conditions are 1. the holder of the certificate shall be liable to local military service ; 2. If the holder of the certificate ceases to serve in the postal and telegraph department his certificate shall be inoperative with effect from the date on which he ceases to serve.
Misc. Applications
The tribunal next considered and application of the SInger Sewing Machine Co. on behalf of Mr Rennie for partial exemption. The President said the exemption came from the company and not from Mr Rennie. Mr Rennie would be probably pleased to hear that the tribunal had rejected the application.
Mr David, Civil Engineer, of 4 Campbell Rd., claimed exemption on the ground of his nationality. He stated that he was an Armenian. The President said that the tribunal could not deal with questions of this kind and the order was that Mr David’s application would be rejected and he must apply if he saw fit so to do to the prescribed authority under section 9 of the act.
The President said another application of a similar nature was that of Mr Curry, 56 Lewis St. He applied once before on the ground that it would put him to domestic inconvenience if he were made liable for military service. That application was rejected. At the same time he had another application which had not then reached the tribunal, claiming exemption on the ground that he was not a British born subject. The same orders would be passed as in the case of Mr David, that was to say, the application was rejected and Mr Curry, if he saw fit, might apply to the competent military authority for an enquiry into his case.
The tribunal considered next an application from Mr L. Dawson, Pyapon, on behalf of himself and Mr Adam. Mr Dawson was the Managing Director of the Dawson Agricultural Loan Co. Mr Adam was General Manager of the company. Mr Dawson had been examined by the military medical authorities. The President said that the decision in Mr Dawson’s case would follow the terms on the medical certificate, which the tribunal had not yet received. As regards Mr Adam, the application originally was for total exemption. Mr Dawson had now revised it to an application for partial exemption. The tribunal regretted that they could not exempt Mr Adam from general military duty.
An application by the Rangoon Electric Tramway and Supply Co. in respect of various members of their engineering staff was considered. Their original application was adjourned in order that they might, if they thought fit, revise their proposals, the tribunal considering that perhaps some of the employees for whom the company originally asked for total exemption might be placed on the partial exemption list. The present application was for total exemption on behalf of Mr Taylor, Chief Engineer, Mr King, Superintendent of the Power House, Mr Salmon, Engineer in charge of underground lines, Mr Waites, in charge of overhead lines, Mr Penfold, in charge of maintenance of public lighting, Mr Lewty, in charge of maintenance of the Power House, Messrs. Menzies, Nyss, Peterson and Davidson, Shift Engineers at the Power House and Messrs. Peters, Goodger and Pereira, Switch Board Attendants. The company asked for total exemptions on behalf of the thirteen employees. The tribunal accepted the application and granted them total exemption. On behalf of Messrs. Sharrock and Dender, the company asked for partial exemption and on behalf of Messrs. Hockey and Finch they asked previously for total exemption. The tribunal granted partial exemption as asked for.
The tribunal granted total exemption to Mr Williams, Accountant in the office of the Government Examiner of Accounts, who will be 50 years of age with a few months.
The applications of the following persons were adjourned to May 16th: Messrs. Anthony, of the office of the Superintending Engineer, Rangoon, R.E. Minus, E.H. Cox, of the Society for the Propagation of the Gospel, J.B. Fressanges and G. Harris of Messrs. Finlay & Sons, Moulmein.
The application of Mr Beale, employed by an Indian firm of concessionaries of wolfram and lead mines in the Southern Shan States, was rejected on the ground that none of the mines had started producing.
The firm of Messrs. Bryan Smith & Co. applied on behalf of Mr F. Mitchell for exemption from general service for six months and then asked that hr be placed on the general list. He was 39 years of age. The application was granted.
Mr Jordan asked for total exemption on the ground of medical disability and of nationality, he being an Armenian. The President: Are you a brother of Mr Jordan who died in Mesopotamia? - Yes.
You have got some other relations at the front? - Yes – one.
Do you take up the ground of nationality that you are not a British born subject or the medical ground? If you take the former, we will reject your application and leave it to the general officer commanding to inquire from the Deputy Commissioner about your nationality. If, on the other hand, you take up the medical ground the case will be adjourned for a fortnight to enable you to go before a military medical board. The applicant said he would abide by the medical board’s decision. The application accordingly adjourned for a fortnight.
The tribunal rejected the application of Mr Dutton, Supervising Agent of the Singer Sewing Machine Co. and said he would be liable to general military service.
Mr Turner of the Tamok Rubber Estates Ltd. asked for temporary total exemption for four months for Mr Morris, Manager, and thereafter for local service. Following the principles the tribunal had followed in the Bilin Rubber Estate and other Rubber Estates in Moulmein and Tavoy, they granted Mr Morris total exemption for four months, after which he would be liable for geberal military service.
The application of Mr V. Geard of Tavoy was adjourned to May 23rd for proof that the applicant intended to leave Burma.
G.V. Clark applied for temporary exemption on the ground that he was engaged in Government work. His application had been adjourned in order that he might supply the tribunal with more details than were available on the last occasion. That Mr Clark had now done and he was granted total exemption for three months, after which the case would come up again for consideration.
The applications of Mr Campbell Burn, bar-at-law, Toungoo, Mr Miller of Moulmein, Mr Midwinter, of Zigon, Mr D’Attaides, Advocate of Bassein and Mr Trutwein of Bassein, were adjourned to June 12th to enable the applicants to present themselves before the military medical board.
Applications were next considered from Mr Gayton of the Electric Repair and Installation Co. for total exemption for himself and his Assistant Mr Renus. The applications were subsequently modified by the company asking for partial exemption. The tribunal considered that the cases were for the consideration of the selection committee and rejected them.
The tribunal rejected the application of Mr Moss, Manager and Proprietor of a Rice Mill at Shwegyin, who applied for total exemption. The tribunal considered that the mill was not engaged in fulfilling Government contracts and did not export rice to other countries.
They also rejected the following applications for exemption: Mr C. N. Lindsaye, Organist of the Cathedral and Clerk of the Crystal Ice and Aerated Water Factory, Bassein, of Messrs. Christensen, Stevedores and Purveyors etc. Bassein and Mr J.A. Boog of Bassein, in respect of Mr C. Nichols, Foreman of the workshop and foundry at Bassein.
The seventh sitting of the Rangoon exemption tribunal took place on Thursday ... at the office of the P.W.D. Secretariat. The tribunal was composed of the same members as on Wednesday. The President have the following order in which the applications would be taken up: 1. Revision cases, 2. Medical applications 3. Misc. applications. There was, he said one revision case for decision. That was the application of Steel Bros. on behalf of Mr Weir who was in charge of the Cotton Produce Dept., of Messrs. Jamal Bros. Cotton Produce Co. In the original proceedings Mr Weir applied for partial exemption which the tribunal had refused. Since then further circumstances had come to light, which distinguished this case from the cases in revision dealt with the previous day. The new circumstances were connected with trade in white beans, and had been communicated to the tribunal confidentially. It was sufficient to state that it concerned the national interests. The non-official member of the tribunal which passed the original order was Mr Blackstock. The tribunal in revision granted Mr Weir partial exemption. That order was with the concurrence of Mr Blackstock.
The medical applications were then disposed of: Mr Haines, Managing the business of the Hon. Lim Chin Tsong appeared to receive the orders of the tribunal, which had directed him on a previous occasion to present himself before a military medical board. The President said that Mr Haines had been put by the military medical authorities in class B, that was to say he was fit for ordinary service. The Hon. Mr Lim Chin Tsong appeared at the original hearing and said that he was prepared to let Mr Haines’ case stand or fall by the medical certificate Mr Haines might obtain. He had been examined and placed in class B. He now represented that, apart from his medical disability, the exigencies of the Hon. Lim Chin Tsong’s business made it necessary that he should receive some exemption. The tribunal were of opinion they could not enter into the matter. The military medical board having regarded Mr Haines as fit for ordinary service, the tribunal must, therefore, reject his application for exemption.
The following applicants who had agreed to abide by the decision of the military medical board have all been placed in class C. (that was to say, fit for duties of a sedentary nature) : I. Mayne, E. Tucker, R.E. Smith, and V.P. Nasse of the London Rangoon Trading Co. The tribunal, therefore, rejected their applications for permanent exemption.
As regards Messrs. C. Gamble, C. Stewart, H.J. W. Smith and F.H. Tyd-De, who also agreed at a previous sitting to abide by the decision of the military medical board, they have all been placed in class E, that was to say, they were permanently unfit for any service. The tribunal granted them total exemption.
With regard to Messrs. Neilson, D’Castro and Nicholas, the tribunal adjourned their cases to may 23rd for receipt of their medical certificates from the military medical board.
Mr Sharrock of the Rangoon Electric Tramway and Supply Co. applied for total exemption on medical grounds. Mr Sharrock had been already granted partial exemption but his medical certificate had not yet reached the tribunal. His application was consequently adjourned to May 23rd to enable the tribunal to examine the certificate given him by the military medical board.
The President said that there was an application of the Bank of Bengal for total exemption on behalf of Mr Wright, Cashier. At the original hearing the bank agreed in Mr Wright’s case to abide by the decision of the military medical board. Their certificate was to the effect that Mr Wright was placed in class C. fit for sedentary military duties. He (President) should like to hear what the representative’s views were. Mr McDonnell said as the tribunal knew, a good deal of the bank’s work was practically important Government work. They were told that the bank was shorthanded. As Mr Wright was placed in class C, he was prepared to agree to his total exemption. The President, passing orders, said that the military representative had pointed out that Mr Wright was engaged on important duties and that it would probably never be considered desirable in any emergency to employ him on military sedentary duties rather than leave him where he was. The tribunal agreed with that view and granted Mr Wright total exemption.
The President said that there was an application from Mr Stronach for total exemption on the ground that he was leaving Burma. The tribunal at an earlier hearing adjourned the case until yesterday for proof that he was leaving the province. Mr Stronach had now produced that proof and the tribunal granted him total exemption.
The next sitting of the tribunal will be on Wednesday, when various medical applications will be heard : also cases from Akyab, where the applicants have offices in Rangoon and certain other belated and miscellaneous applications.
Mandalay
The first sitting of the exemption tribunal took place yesterday when a number of applications for exemption was disposed of. Mr W.J. Smyth, I.C.S. was President, Capt. Hele, the Borders, Military member and R.H. Wakefield, Civil member of the tribunal, while Capt. Banks represented the Military authorities.
The case of Mr Strentz, Clerk employed by the Municipality, was first considered. He had been pronounced medically unfit. It was decided to grant him a certificate of exemption so as to save him from being called upon for military service elsewhere if he were to leave Burma for India.
Capt. Banks then made a statement on the lines on which military representatives at other centres, such as Rangoon, Calcutta etc., have spoken, showing on what grounds exemption should be granted and the view of the military authorities took of the subject, laying stress on the fact that total exemption, in the case of applicants fit for; and the age in which they could be called upon for military service, should be granted only where the applicant could not possibly leave work without injuring it ; also that in any case applicants would be called up for general military service only in cases of emergency. He referred to the fact that there had been only nine total and seventeen partial exemptions granted in the case of Government servants coming in the category he had indicated. Capt. Banks then referred to the arrangements made for training at Maymyo, where men whose services could be ill-spared from their work were doing their ninety hours training in a month, 80 or 90 of them being for that purpose attached to the Border Regiment.
The tribunal then took the application of Mr L. Mackintosh, Municipal Engineer, Mandalay, who had been pronounced medically unfit, giving him permanent exemption.
The next case was that of G.R. Long, Conservator of Forests, who suffers from serious lameness ; he had put in a statement that he was unfit given him by an officers in Maymyo. The tribunal granted him permanent exemption conditional on the production of a proper certificate to the effect that he was totally unfit for military service.
None of the applicants whose cases had so far been considered appeared before the tribunal in person. The first to do so was F.G. Robson who asked for permanent exemption on the ground that he was the only European in charge of the forest at Shwegu which he was working under a lease from Government and that the business would be entirely dislocated and he would suffer considerable pecuniary loss if he were called away from it for general military service, but pointed out that his business was such that he could not leave it at stated times for drills. In the course of discussion it came out that Mr Robson is a volunteer of many years standing and was extra efficient last years and that he was thirty-nine years of age. Capt. Banks suggested that he be exempted from general service till he was forty, when he would become automatically exempt from it, but be liable to local service. Mr Robson said he had already expressed his willingness to undergo that service, but he could not begin at once because renderpest had broken out and it was absolutely necessary for him to go back immediately and take such measures as were necessary to safeguard his interests.
Capt. Banks suggested Mr Robson should arrange to get through his training at Maymyo any time within the next six months and Mr Robson said he would arrange for that. The applicant was accordingly given exemption from general service only.
Mr Morrison of the Upper Burma Wood Co. was the next applicant for exemption from service outside of Burma. There were only two Europeans of their firm left, himself in Upper Burma and the Manager in Rangoon, three of them having received commissions. The firm was supplying sleepers for Mesopotamia and East Africa. The work in Upper Burma could not be carried on without him as it was impossible to put in a substitute. Capt. Banks thought it was a case for the selection committee and Capt. Hele thought Mr Morrison had not made out a strong enough case. Mr Morrison pointed out that his partner in Rangoon had been granted partial exemption. Capt. Banks thought that the applicant could arrange to go through his training in Maymyo in a month as others similarly situated were doing. It was finally decided to grant Mr Morrison exemption from service out of Burma but that he should undergo full general training locally. Mr Morrison is 36 years of age.
Mr Wickham, aged 43, Manager of the Burma Camphor Estates in Southern Shan States, three nights journey from Taunggyi, asked for total exemption on the ground that he was the only European in charge of the estates. He had not been medically examined, but he believed he was perfectly sound. The tribunal decided that he be granted exemption from local service till the 1st November.
Mr Morgan of Finlay Fleming & Co. appeared on behalf of Mr Mackintosh of the same company and himself, each 27 years of age. They were in charge of cotton factories at Myinmu and Myingyan and it was indispensable that they should be in charge while the factories were working, which was all through the year. when they shut down for cotton, they started on oil and now they were busy with white beans for Belgium. They had been medically examined. Mr Morgan had passed in class A ; Mr Mackintosh for sedentary employment. After some discussion the tribunal decided that the exemption should be granted to Mr Morgan. Mr Mackintosh would be temporarily exempted from local service.
Mr McCrae of Findlay & Sons, Moulmein, was not present and the consideration of his case postponed.
In the case of Mr Bernard de Cruz it was decided that the medical certificate of unfitness he had sent could not be accepted and that he get a certificate from the station medical officer, Maymyo.
The cases of Mr Doig and Mr Mather, 23 years and 24 years, of Messrs. Jamal’s Cotton and Produce Co. of Myingyan, were next considered. Mr Morgan appearing on behalf of both. Their mills were at Myingyan and Allanmyo and the grounds on which they asked for exemption were similar to those advanced by Messrs. Morgan and Mackintosh. It was decided that Mr Doig be exempted from general service, but be liable to local service and that Mr Mather be liable to general service.
The application of R. Calogreedy, Manager of the Printing and Stationary Co. for total exemption was rejected. Among a number of grounds advanced was that his business would go under if he were taken away from it and he would be therefore unable to support his wife and two children in England and another that he was not a European British subject, his father being a Greek. This latter ground was however withdrawn. Capt Banks and Capt. Hele were both strongly opposed to granting any exemption while Mr Wakefield thought they might exempt him from general service.
Mr Liddell of Steel Bros. appeared on behalf of two employees of the firm, De Castro and Boudville. Their cases will come up again after a month.
The cases of Anthony and Rebeiro, who had registered under misapprehension were referred to the District Magistrate.
J.O. Hunter of Rowe & Co. pronounced medically unfit, was totally exempted.
The fourth sitting of the Rangoon Exemption Tribunal took place ... The non-official member was Mr G. Blackstock for the first part and Mr W. Buchanan for the remainder of the sitting.
The President read out the order in which the various applications would be considered ... The applications by the Port Commissioner on behalf of their men were first, then Bankers, Stockbrokers, Insurance Agents, Timber Agents, Legal Profession, Architects, Engineers, Coal and Mining (other than oil ad wolfram) and various miscellaneous applications.
In regard to the application of the Port Commissioner, the President (Mr Hardiman) said that as he was acquainted with and interested in the chairman and the other individuals who was applying for exemption, he did not wish to join the tribunal. He called upon Major Pollard and Mr Blackstock, the other two members of the tribunal, to deal with the applications in his absence.
Mr McDonnell said he had no objection.
Mr Holmes applied on behalf of Messrs. Lindley (40) ; Cardno (40) ; Wells (33) and James (34) for total exemption.
Mr McDonnell agreed to Mr Lindley, who would soon be 41 and Mr Cardno, having local service. He opposed the application of Mr Wells on the ground that he was a volunteer officer and Mr James because he was only 34 years of age.
The discussion which took place between the military representative and the chairman of the Port Commissioners in regard to various matters connected with the applications was inaudible to the press table.
Mr Cardno of the office of the Conservator of the Port, applied for total exemption on behalf of twenty-one Pilots and Harbourmasters , Shipwright Surveyors, River Surveyors, Superintending Engineers, etc.
Mr McDonnell asked Mr Cardno if he was aware that most of them were volunteers.
Mr Cardo : They are.
Mr McDonnell : Is there any particular reason why they should not do local service, if arrangements could be made to have parades in such a way that they would not interfere with their work?
Mr Cardno : I have no objection.
Mr P. Wells applied for partial exemption on behalf of thirty-seven members of the Traffic Dept., of the Port Trust.
Mr McDonnell said he objected to any volunteer officers being exempted at all. These were his instruction from the Officer Commanding. He therefore took objection to Messrs. Wells and Oehmc.
Mr McDonnell : I put it to you that honesty is the essential requirement in the case of these men?
A. : Yes, there is something else besides.
Mr McDonnell : I am coming to that. The work of these men could be done by natives, I suppose, in the event of emergency?
A. : Yes, it could be done but not as satisfactorily and with a certain amount of risk.
Mr Lindley applied on behalf of Mr Hardinge and nine others of the Engineering staff in the workshop for exemption.
The tribunal passed orders as follows:- The Port Commissioner had applied for permanent exemption from all military service for Mr M.D. Wyllie and twenty others, namely, Pilots and Harbourmasters. Temporary total exemption was granted for one month in order that the military representative might arrange if possible to place them in a separate company where they would be able to do the necessary training for local service without interfering with their work.
The same orders were passed in the case of Mr C.J. Dickie, Commander of the dredger “Hastings” and Messrs. W.H. Crisp and R. Jellicoe, in charge of hydraulic cranes.
In the case of Messrs. H.M. Hardinge, R. Kerr, Hodgson, G.W.R. White, storekeeper, E.E. Snow, Workshop Foreman and five apprentice Engineers the following orders were passed: Mr Hardinge was exempted from general service only ; he would be liable for local service. Mr Kerr (41) was totally exempted on the ground of physical disability. The other applications were withdrawn and they would be liable for general service. In the case of Mr Hodgson, he would be liable for local service only.
In regard to the application of J.P. Wells and 36 others of the Traffic Dept., for exemption from general military service, the tribunal granted to W.T. Bacon and R. Brooks from general service. The other thirty-five applications were rejected. Mr S.J. Gibbs, Asst. Conservator of the Port, was made liable for local service only. The application of N.D. Burgess and L.A. Firth were withdrawn and they would be liable to general obligation. The tribunal granted exemption to H.M. Gregory from general service and refused the application of J.E. Thero, who would be liable for general service.
J.F. Noronha, Clerk of the Port Commissioners’ Office, was exempted for general service and would be liable for local military service only. The application of R.F. Andrews was withdrawn and he was liable to general service. Mr M. Curry’s application for total exemption was rejected.
With regard to the applications of Mr W. Lindley, Acting Resident Engineer and Mr Cardno, Acting Deputy Conservator, they would perform local military service only. J.P. Wells, Superintend of the Traffic Dept. and D.H. James, Chief Accountant, who were officers holding commissions in the volunteer force, were liable to general military service.
The tribunal recommended in the case of the employees of the Port Commissioner that the military representative was to represent to the military authorities that those gentlemen should be placed in one corps, under officers selected if possible from those holding commissions in the Port Trust, so that they might be able to carry out their training without interfering with the work of the port.
Owing to the applications of the Port Commissioners having taken considerably longer than it was expected, he order of the programme was again revised ...
Mr Sitwell of the Bank of Bengal, applied for total exemption on behalf of seven officers of the bank, himself, Messrs. Eager, Scott, Robins, Wright, Beamish. Hopson and Fergie.
The President : What did they do in Calcutta? Did they get partial exemption? A. : They gave us some total exemptions. They have four total and the rest partial.
Q. : How many applications were there in Calcutta? A. : - 32. They gave us four totals out of 32. We can only carry on by extending our hours if many of our staff are taken away.
Q. : Who are the officers who were given total exemption in Calcutta? A. : I do not know.
Mr McDonnell: What did they do in connection with other banks in Madras and other presidencies? I noticed from the local papers that in Madras an application was refused. A. : I have no information on that.
The tribunal passed orders granting Mr Sitwell total exemption. In regard to Messrs. Eager, Scott, Robins and Burgess, partial exemption was granted. Mr Wright was to present himself before a military medical board and his case would come up fourteen days hence. The application of Messrs. Beamish and Hobson were rejected and they would be subject to general military training. Mr Fergie, of the Moulmein branch, would be liable to local service.
The Hong Kong & Shanghai Banking Corpn. applied for partial exemption on behalf of one of three British officers, Mr Winter. The tribunal rejected the application.
The Chartered Bank applied on behalf of Messrs. White and Brearley and three other assistants. Messrs White and Brearley were granted partial exemption, while the other three applications were rejected.
Mr Adlard of Messrs. Scott & Co. asked for partial exemption. He was 40 years of age and informed the tribunal that he had been put in C class by the medical authorities. He was, therefore, given partial exemption. In regard to Messrs. MacIntyre, Livingstone and MacGregor of the same firm, the tribunal adjourned the case of Mr MacGregor for fourteen days for his examination by the military board. Mr Livingstone was granted partial exemption and Mr MacIntyre’s application was rejected.
In respect of Messrs. Thomas Cook & Sons application, the tribunal granted partial exemption to Mr Elliott in charge of their banking business. Mr Scoggins was to go before a military medical board. The application of Mr Shircore, who was in charge of the passage department, was rejected.
Mr Elder, of the Bank of Rangoon, applied for partial exemption and that was granted.
The tribunal had no jurisdiction to hear the applications of Messrs. Finlay Fleming & Co. on behalf of the employees of the B.O.C. oil fields at Nyaunghla. They would be heard by the Mandalay tribunal.
Mr Allan, of Messrs. Stuart Smith & Allan, applied for partial exemption on behalf of Mr Gibson and Mr Greaves. The President: Don’t you think you will be able to get a man out from home who has been incapacitated to take the place of one of your men who may be called up in an emergency?
A. : I do not think so. Q. : Have you tried? - No.
The tribunal granted Mr Allan and Mr Gibson partial exemption and rejected Mr Greaves’ application. The Senior Partner of the firm, Mr Stuart Smith, was on leave and the tribunal’s orders would be subject to revision when he returned to Burma.
Mr Beatty and Mr Meadows, of the New Zealand Insurance Co. and the Royal Insurance Co. respectively, were granted partial exemption on the ground that their firms did a lot of Marine Insurance business.
The application for partial exemption of Messrs. Craig, Gardner and Harris was considered on behalf of Mr Holdsworth, Mr Hall and Mr Robin, The first two applications were granted and the third refused.
The application of the Hindustani Co-operative Insurance Society Ltd., on account of Mr Van Dort, Agent, for total exemption was considered. The President to Mr Bose, the proprietor: Will you find it difficult to replace this man if we take him away? - Certainly. Q. : Most of your assistants are Bengalis and Anglo-Indians – I have got three Bengalis, three Madras’s and the others don’t work regularly. The tribunal thought that it should be possible without much difficulty to the society to obtain an assistant in place of Mr Van Dort, who would be subject to the general military obligations.
Mr Mack, Broker, who applied for partial exemption on the ground that he had dependents to support, was refused. The tribunal also rejected the application of Mr M. Ady, Rice and Produce Broker and Mr Calder, of the China Mutual Life Insurance Co. for partial exemption.
The application for partial exemption of Mr P. Henstock was withdrawn. The applications of Mr E. Cohen, Broker and Shipping Agent of Messrs. Swales Box & Florey, Architects and Surveyors, was refused. The application of Mr Foote of the Upper Burma Wood Co. for partial exemption was granted.
Mr Lancaster, Engineer of Messrs. Foucar & Co. who would be fifty in three months was granted total exemption. Partial exemption was granted to Mr Stoneham, Manager in the office of the timber sales department and Mr Neils, Manager of the Ahlone Saw Mill, of the company. Mr Cotter, of the company, who was in a distant part of the Shan States was granted absolute exemption for six months after which his case would come up again for reconsideration. As regards the remaining forest assistance, for whom originally the company asked for partial exemption, the company had withdrawn their applications and they would therefore be liable to their military training at Maymyo in the same way as the other timber firms.
At Tuesday’s sitting of the Rangoon exemption tribunal the application for the total exemption by Messrs. Macgregor & Co. on behalf of M. Thompson, Engineer, who was over 49 years of age, was granted. This was the only application made by the firm.
The tribunal granted partial exemption to Mr Nisbet, Forest Manager, Messrs. Steel Bros. and Mr Kerr, their Asst. Forest Manager, on the assurance of the military representative that arrangements would be made by which the applicants would perform their military service with as little inconvenience to the company as possible.
The Rangoon Electric & Tramway & Supply Co. applied through Mr Taylor for total exemption on behalf of sixteen of their engineering staff on the ground that they were attending to the lighting work of the town and for partial exemption on behalf of the accountant. The tribunal were of opinion that there was some overlapping and that it might be possible for the company, on re-consideration of their list, to free some of the sixteen employees for whom they asked for total exemption, at any rate, for local service. In order that the list might be re-examined the application would be adjourned to May 9th.
Mr Drinkall, Dentist, applied for total exemption. The tribunal granted partial exemption. Mr Drinkall would be liable to local service. If he found that it was impossible for him to carry on his public duties after being made liable to local service, it was open to him to move the tribunal again.
The applications of Messrs. P. Ripley and G. Ripley, of the Hanthawaddy Press for partial exemption was rejected ; their application was on the ground that their business would be affected.
The application of the Motor House Co. for partial exemption on behalf of Mr Carruthers was withdrawn and no orders of the tribunal were therefore needed. The tribunal granted partial exemption to Mr Linskill on behalf of whom total exemption was asked for. Should Mr Carruthers be taken away it would be open to the company to move the tribunal again in Mr Linskill’s case.
Mr Fyfe, Acting Manager of Messrs. Jessop & Co. was granted six weeks exemption and then would become liable for general service.
Mr Angus, Engineer of Ahlone, applied for total exemption for family reasons. The application was refused and he would be liable for general military service.
W.T. Palmer, Agent at Moulmein of the Siamese Government applied for total exemption on the ground that he was in the service of neutral foreign Government and could not undertake military training without inconvenience to that Government, and that he had not got the consent of his employers to undertake that employment. Total exemption was granted.
G.V. Clark of Messrs. Clark & Greig, applied for partial exemption on behalf of Mr Flavell, which was granted. The application for total exemption on behalf of himself was adjourned till May 7th to enable Mr Clark to state his grounds of exemption more precisely.
The tribunal did not see their way to grant total exemption to W.G. Cooper (31) of the Burma Electrical Stores.
Messrs. Graham & Co. applied for temporary exemption on behalf of Mr Carroll until the termination in October next of their oil lease. The application was refused. Mr Carroll would be liable for local service.
Dr. Pearse applied for total exemption on behalf of two assistants employed in the Burma Chemical Industries Ltd., who were the only British subjects in the firm. He represented that practically the whole of the firm’s output went to the various mineral oil producing companies in Burma ; that the mineral oil companies supplied war requisites to the navy and army and that the Chemical Industries Ltd. was also engaged in the supplying of national war requisites. The tribunal accepted that view and granted both applicants total exemption.
Messrs. H.V. Low & Co. applied for exemption on behalf of Messrs. Lackersteen (42) and Hosie (35) for total exemption. The company was engaged in supplying coal for the Local Government, Indian Marine and to Admiralty vessels. It represented that the duties of those two gentlemen took them down river continuously and made it almost impossible to perform, their military training. The tribunal granted total exemption to Mr Lackerstren and partial exemption to Mr Hosie. Mr Buckwell (39) of the same company, was granted partial exemption.
R.E. Smith applied for total exemption on the ground that as a mineral prospector it was impossible for him to carry out his military training and on the ground that he was unfit physically. The tribunal adjourned his case for a fortnight to enable him to be examined by a medical board.
The application of W.R. Smith, of the Soap and Candle Co. for partial exemption was withdrawn.
The fifth sitting of the Rangoon Exemption Tribunal took place on Wednesday. The non-official member was G. Blackstock. The President announced the following order in which the applications would be taken ...
H.B. Huddleston, Agent, Burma Railways, said his application would not take two minutes. Mr Huddleston read a telegram received from India as to instructions regarding the total exemption of all railway employees, which the press were asked not to publish. Mr Huddleston proceeded to say that he had asked for total exemption in the case of 325 employees out of 453 who were liable for general military service. The President said the applications of the Burma Railways would be adjourned for fourteen days in order that the arrangements made by the Government of India in respect of the railway employees might be communicated to the tribunal.
The applications received from the Rangoon Municipality in its various departments, were next brought up. G. Scott, President, Rangoon Municipality, applied for total exemption on behalf of G.L. Tuppen, Chief Officer of the Fire Brigade. Mr Mc Donnell said in view of the importance of the work of the Fire Brigade his instructions were that Mr Tuppen should be permanently exempted.
Mr G. Scott said Mr Tuppen was applying on behalf of practically the whole of his staff. He was applying on behalf of Mr Tuppen only. Mr McDonnell : There are a third officer, junior extra fireman, and seven foremen and a steam engine driver ; all these men are engaged day and night? - Yes.
Q : They live on the premises and are always there? - Yes. At present we are shorthanded. Mr McDonnell: My instructions are to leave it to the tribunal. The President: Do you know what orders were passed in Calcutta in regard to such cases? – I have not seen any orders.
Q : Are you under the Municipality there? - They come under the Commissioner of Police. Mr Blackstock: Are these men continuously on the premises. You do not ask for any shifts at all? – No. The only leave the men have is two hours at a time.
Q : They are not doing local service? - Mr Cabell made it a rule that a man joining the fire brigade had to resign any volunteer corps of which he might be a member.
Mr McDonnell asked that Mr Blake, Veterinary Officer, might be exempted in consequence of the nature of his duties. He was also not in good health.
Mr Scott also put in an application on behalf of C.C. Cameron, Secretary and Mr J. Latimour, Accountant, for particle exemption. Mr Marshall, Chief Engineer, Rangoon Municipality applied for total exemption on behalf of Mr Walker, Asst. Engineer, Water and Sewage Dept., and twenty five others of his staff. Mr Walker’s services were necessary in case of breakdowns in his department and he had no spare time. Mr McDonnell agreed to total exemption in the case of Mr Walker.
Q : Mr Simpson, Mr Salvador and Mr Villa are in your list? – Yes.
Q : They are engineers in charge of the Yegu pumping station? – Yes.
Q : That is six and a half miles away from Rangoon? - Yes.
Q : The pumping station works continuously day and night? - Yes.
Q : Are these three men out at the same time? - Yes.
Q : They never come to Rangoon? - They do sometimes.
Q : Supposing there were drills in the morning and in the evening if arrangements could be made, could they not come for drills. Are any of them volunteers? - No.
Q : During the last twelve months did you have any occasion on which all three were required at the same time? - No.
Q : Then it is only in case of a possible emergency that they are required? - Yes.
Q : There is Mr Smitz in charge of the Hlawga Lake and Mr Gasper in charge of the pipe line who work fifteen miles away? - Yes.
Q : Are they continuously on duty? - Yes.
Mr Marshall withdrew the application on behalf of R.D. Taylor, Asst. Engineer in charge of Municipal buildings. He was liable for local service as he was over 41.
The engineer asked for exemption of behalf of Messrs. Catchick, Quinlivan and Castina, who were the only persons familiar with the mains and water pipes and their services were necessary in case of fire. He agreed to withdraw Mr Castina’s application, who was liable to local service and those for total exemption in regard to Messrs Carr and Pegrum.
In regard to Messrs. Hurcombe and Penfold, Engineers at the Compressor Station, it was represented that they were continuously at their work. Mr McDonnell said he would leave it to the tribunal to pass such orders as it thought fit.
In respect to Messrs. Hollywell, Cooper and D’Silva, at the Ejector Station, it was pointed out that if one of them was taken away for local service the other two could not look after the Ejector Station. Mr McDonnell: I think that is so.
The engineer withdrew the application on behalf of Mr Abraham.
The cases of Mr Simpson (29) Caretaker, Kokine Lake, Mr Row (41) Caretaker of the Jubilee Hall and Mr Rosner (34) in charge of parks, gardens and road side trees, were next considered. The President: Are they not all in the way of luxuries? - No. In the case of Mr Simpson, if the bund should burst he is there to keep watch. I do not object to Mr Simpson being on local service. I want the other two. Mr McDonnell: My suggestion is that Mr Rosner should take the risk of being called for general service and the others should be on local service. The President: The question is, can you find in the place of these men if they are taken away any men who could work in their place? - No they would not do the work adequately.
The cases of Mr Lackersteen, Acting Asst. Engineer, Mr Best, in charge of the water and sewage department, Mr Wanson, Mr Dumont, Building Engineer and Mr Dutt, Overseer, were considered. Mr McDonnell said that as far as the first two were concerned the President of the Municipality informed him that Mr Lackersteen had been deputed to be Chief Officer to ascertain of a sufficient water supply was available and he (Mr McDonnell) was prepared to accept that Mr Lackersteen was an officer wanted in connection with the Fire Brigade. With regard to Mr Dumont, the Chief Engineer in reply to the military representative said that more buildings were going on now than before. The President: Do you know how they dealt with the Engineer’s staff of the Calcutta Corporation? The chief Engineer: I do not. The President (to Mr McDonnell): Have you any information on the subject? A. : I have none.
The Veterinary department exemption applications were next taken up. Mr Blake asked for local exemption for the first five on his list and left the other five to the orders of the select committee. The first five were Messrs. Newman, Daly, Maitland, Taylor and Nelson. The other five were Messrs. Wilson, Bellety, Woods, Minus and Penfold. The President: Can you not replace any of them by natives of India or others? - No. Q. : What is your strength: - At Theinbyu there are 800 bullocks, at Ahlone 700, and at Kemmendine 150.
W.A. Strong, Acting Assessor, applied for partial exemption on behalf of Messrs. Meyers, Sparks, Dumont, Raynor and Wood. The President: I notice that Government has not asked for exemption in respect of any of its clerks. Mr Strong said he only wanted two clerks exempted. The President said there must be many cases in Government officers where there were only two British born subjects and Government was willing to take the risk of the men being taken away for service. Mr Strong said that the exemption was asked for only two men.
The tribunal gave the following decision. In the case of the Chief Engineer’s staff, the tribunal agreed to partial exemption to be granted to Mr Walker. Total exemption granted to Messrs. Villa, Salvador, Wilson, Smitz and Gasper. Total exemption was likewise granted to Messrs. Catchick and Quinlivan and partial exemption to Messrs. Castina, Carr and Pegrum. Total exemption was granted to Messrs. Hurcomb, Penfold, Holloway and D’Silva. The applications of the following were rejected: Messrs. Simpson, Row, Rosner and Abraham. Partial exemption was granted to Messrs. Lackersteen, Best, Wason and Dumont. The application for total exemption in the case of Mr Dutt was rejected. The application of Mr Tuppen and the whole staff of the Fire Brigade for total exemption was granted. Mr Blake was granted total exemption and Messrs. Newman, Daly, Maitland, Taylor and Nelson were granted partial exemption. The Municipality withdrew the application for exemption in respect of Messrs. Wilson, Bellety, Woods, Minus and Penfold.
In regard to the clerical municipal establishment the President said the tribunal had endeavoured to apply the same principle as that applied by Government in respect of their clerical establishment. Consequently the tribunal rejected the application for partial exemption for Mr Ferdinands, Chief Clerk in the building department. It also rejected the following applications for partial exemption – Messrs. Cameron, Latimour, Meyers, Sparks, Daly, Dumont, Raynor and Woods.
The tribunal rejected the application of Messrs. Minus and Summers. Revenue Inspector and Clerk respectively in the Assessor’s department and of Messrs. Coombes, Jones, Gomes and Henderson (Senior Inspector of the Cart department,) Pereira, Stahlman, Pegg and Rosario, Chief Clerk, Stenographer, Record-keeper and Clerk respectively.
Mr MacPherson, of the Burma Boiler Commission, applied on behalf of various Inspectors under the Steam Boilers and Prime Movers Act for a concession to be made in regard to drills. He pointed out taht he did not ask either for total or partial exemption, but merely that when military service of those covered by the application was arranged, he would like that it be so arranged that the work of the department would be conducted with as little inconvenience as possible. The tribunal formally rejected the application embodying that note in their order.
J. Jordan (22) Excise Officer, extra efficient volunteer, applied for exemption from general military service on the ground that he was supporting his invalid widowed mother and two unmarried sisters. The President: One of your brothers lost his life in Mesopotamia? - Yes. One brother was invalided home after eight months in Mesopotamia and the third brother is at present in France. Mr McDonnell: Why cannot you do something too? -- A. I said I have an invalid widowed mother and two unmarried sisters; otherwise I am willing to do my share. Mr McDonnell: That is a matter for the selection tribunal. The tribunal regretted that the matter was one which they could not take into account and rejected the application.
The tribunal granted total exemption to Mr Bell, Clerk of the Chief Secretary’s Office, on the ground that he had been on active service with the Mobile Battery in Mesopotamia and had been wounded.
The Chief Collector of Customs withdrew the applications made in respect of various employees of the department and said he would submit revised applications later.
The following applications were adjourned for a fortnight to enable the applicants to go before the military medical board: G.J.S. Nicholas, Clerk in the office of the Superintending Engineer, Pegu ; Mr Deetjen, Clerk in the office of the Superintending Engineer, P.W.D. ; V.P.H. Nasse, of the London Trading Co. ; Mr Ty’Dee, Hair-dresser, Insein ; J. Beachell ; W. D’Castro, Clerk in the office of the Inspector-General of Civil Hospitals ; Mr Tomlinson, Clerk.
J.W. Atkinson, of the Burma Detective Bureau, applied for total exemption on the ground that he was doing public service. Mr McDonnell: Why should you be absolutely exempted? You are a Private Detective? - Yes. How old are you? - 45.
Q : Why should you get absolute exemption? - The work I am doing is more useful than drilling. Major Pollard: Have you been in the army? - For ten years. Mc McDonnell: You are a very valuable man for the defence force then. The applicant said that ninety per cent of the work he did was in connection with crime. For that reason he had been given the powers of a police officer in connection with crime on the river. The tribunal rejected the application of Mr Atkinson who would be liable to local military service.
The next application was that of Messrs. Finlay Fleming & Co. on account of the staff of the Burma Oil Co. employees at Syriam. The President said in dealing with the application in respect of mineral oils, the tribunal had borne in mind the importance of preserving the output of oil and oil products in the national interests. As regards the particular application from Syriam, Mr Ritchie informed the tribunal that the Indian staff employed at Syriam numbered 8,500, that out of the total European British staff of 191, applications had been made by him on behalf of 81 only, and that a considerable proportion of the officers of the company had already been detached to military duty. The applications in respect of the Syriam staff were for partial exemptions only for 49 mechanics, engineers and persons employed in other vocations connected with the industries. The company withdrew their applications for partial exemptions in respect of Messrs. Allan, Hope and Wood, all three of whom are officers in the Rangoon Volunteer Rifles. They further revised their application by asking for total exemption for Dr. Sommers, Messrs. Farmer and Baxter, all employed in Supervising the storage of oil, petrol and other inflammable products at Syriam. The orders of the tribunal were that the applications as revised would be granted that was to say, partial exemption would be given to 56 men employed in the oil works at Syriam, and total exemption to Dr. Sommers and Messrs. Farmer and Baxter.
The next application was, said the President, that of Messrs. Finlay Fleming & Co. on account of the staff of the B.O.C. employed at Duneedaw. The company applied originally for partial exemption only in respect of Mr Bishop, General Manager and twenty others, engineers, assistant chemists and persons employed in other capacities. Subsequently they revised their application and asked for total exemption in the case of Mr Bishop , who would be beyond the age limit in a short time. The orders of the tribunal were that the application as revised would be granted, that is to say, Mr Bishop would receive total exemption and the twenty others partial exemption.
Mr Ritchie further applied on account of the office staff for partial exemptions only in the case of fifteen persons. The application was later revised and the applications in respect of Messrs. Vaughan, Smith, Mackenzie ad Goodchild were withdraw. The tribunal sanctioned the application as revised, that was to say the above three [sic] applicants would be placed on general service and the others for whom partial exemptions was asked for would receive partial exemption.
The next was an application on behalf of the heads of departments – Manager, Chief Engineer, Chief Chemist, Store-keeper, Accountant and Medical Officer of the British Burma Petroleum co. The original application was for partial exemption for nine persons; that was subsequently revised into an application for partial exemption for four. The tribunal granted the revised application, that was to say, Messrs. Denham, Conn, David and West would receive partial exemption. The Accountant and Mr O’Leary, would have to go before the medical board, as their applications were based on medical grounds. The President said there was an application by the same company in respect of Mr Trench, General Manager, Mr Compton, Accountant and two Assistants, Messrs. Turnbull and Rouse. The original application was for partial exemption for five officers. That was subsequently revised into an application for partial exemption for three officers, namely, Messrs. Trench, Compton and Turnbull. Mr French [Trench] was a volunteer officer being in command of the Electrical Engineer section of the Port defence Volunteer Corps. and the tribunal had taken his case into particular consideration in revision of the general principles which they enunciated at the first days sitting. Whilst reluctant to deviate in any manner from those principles, the tribunal had come to the conclusion that Mr Trench’s case was of a special nature. The Electrical Engineers of the Port Defence Volunteers had been once mobilised during the war; it was at present partly mobilised. Mr Trench might be at anytime liable to perform local service at the forts and it was not likely that any other kind of local service would be demanded of him. He was, moreover, head of the department of a firm which was of importance and the tribunal had held that the head of a firm had good claim for some consideration. Finally, the oil industry was regarded by the tribunal as one of considerable national importance. For those reasons they departed in the case of Mr Trench from those principles and he would be granted partial exemption. Messrs. Turnbull and Compton would be granted partial exemption.
The next was an application from the Indo-Burma Petroleum Co. on behalf of their Works Manager, Mr Dickie and thirteen other employees. The application was subsequently withdrawn in the case of Mr Dickie and he would apply himself separately. The tribunal passed orders granting the application as revised, that was to say, three chemists, one office assistant, one candle house superintendant and eight engineers would receive partial exemptions.
The next was an application from Mr Thorpe for total exemption. He had already served in Mesopotamia and had been wounded. The tribunal granted him total exemption.
On the application of the B.B. Petroleum Co. in respect of their Manager, Chief Engineer, Chief Chemist and Store-keeper the tribunal granted partial exemptions as prayed for.
Messrs. Steel Bros. applied on behalf of the European staff of the Indo-Burma Petroleum Co. for partial exemption. They withdrew their applications on behalf of Messrs. Cameron, Wilson and Miller and these were not considered. In the case of Messrs. Craig, Harman and McCreath they were granted partial exemption.
Messrs. Steel Bros. applied on behalf of Jamal’s Cotton Produce Dept., for partial exemption of Mr Weir and Mr Nelson. They withdrew the application in respect of the latter and the tribunal did not grant the application in regard to the former.
The President announced that the following applications had been withdrawn and accordingly formally rejected:-
Messrs Whiteaway Laidlaw & Co. in respect of Mr Gardner, Branch Manager at Prome, and in respect of Mr Snow, Branch Manager at Moulmein ; Messrs. Foucar & Co. in respect of H.P. Wheeler, on the assumption that arrangements would be made to provide military training for him in such a manner as to cause as little inconvenience as possible to the working of the firm.
The following applications were rejected: J.A. Emin of Messrs. Emin & Co. Architects and Contractors ; O.S. Murray of H.V. Scott & Co., Undertakers ; J. Meyer of S. Atherton & Co. ; J.M. Daly of Abdul Rahman & Co. ; Mr Comotto of Messrs. Comotto & Elsey, Stevedores.
The application of E.A. Meyer was withdrawn.
Messrs. Bulloch Bros. applied for partial exemption in respect of Mr Wright, Manager of their business in Moulmein and Mr Jones, Engineer of Moulmein, both of whom were exempted.
There was an application by Messrs. Steel Bros. on account of their officers at Moulmein. The company had withdrawn the original application in respect of Mr Rees and asked for partial exemption on behalf of Mr Bailey, Assistant, and Messrs. Moss and Pier, Engineers. The tribunal rejected the application of Mr Bailey. Mr Pier would have three months total exemption after which he would be liable to local military service. Mr Moss would be liable to local military service for three months and then be totally exempted for three months. At the end of six months the case would come up for revision.
The application of Mr Dutton of the Singer Sewing Manufacturing Co. was adjourned until 9th May.
Mr A. Grant said that he was 52 years old. The tribunal adjourned his application to 16th May to enable him to supply the tribunal with formal proof of his age.
Mr G. Allison of Messrs Jamal Bros. Was totally exempted on a medical certificate from the military authorities.
Mr Rose, Agent of the Irrawaddy Flotilla Co. at Dedaye, was granted total exemption for three months, after that he would be liable to general military service. The company withdrew their application for partial exemption for Mr McGibbon, their Agent at Moulmein.
The tribunal rejected the application of Messrs. Jamal Bros. on behalf of Mr A. Hutchinson, Engineer at the Pazundaung rice mill. He would be liable to local military service. Mr Milne, Engineer, was given partial exemption for six months when the contracts with the rice mills would be completed. They withdrew their application on behalf of Mr James, Engineer.
The tribunal agreed total exemption for Mr G. McKenzie, of Messrs. McKenzie & Co. The tribunal took the view that motor cars might be of some national importance and consequently exempted Mr McKenzie.
Mr D. Bruce of Messrs. Walker & Whyte, was given a fortnight to enable him to go before a military medical board.
The tribunal rejected the application of P.G. Hollingsworth, student of the Baptist College, who asked that his military service be so arranged as to enable him at the same time to carry on his studies, the President remarking that the matter was one for the commandant of the corps to arrange.
The Adjournment
The President said that the next sitting of the tribunal would be on the 9th May ... The total number of applications received up to date had been between 300 and 400, covering over a thousand persons. The tribunal was pleased to add that a number of applications were made under misapprehension of the military obligation involved and that a considerable number were withdrawn before they were called on for hearing. ...
Rangoon
The sixth sitting of the Rangoon exemption tribunal took place on Wednesday ... at the office of the P.W.D. Secretariat, in Dalhousie Street. The tribunal consisted of J.P. Hardiman, I.C.S, President, and Major C.J.K.. Pollard, I.A., military member with E.R. Holdsworth as the non-official member. The President said applications would be taken in the following order: 1. Certain cases which had come up for revision before the tribunal 2. Wolfran, Tavoy and Mergui. 3. Various Miscellaneous applications. Mr McDonnell said that his instructions were that in applications connected with wolfram, orders should not then be passed. The President said the tribunal would simply hear that day what the various applicants had to say. No final orders would be passed. In dealing with the orders in cases which had some up on revision before the tribunal, the President said that he had received up to date four application for revision. Two of these were from piece-goods interest. The first application was by Messrs. Latham, Black & Co. The original orders on the case of that firm were that Mr Watt should be given partial exemption and Mr Hall’s application should be rejected. Both those gentlemen had asked for partial exemption in the first place. The tribunal had taken the revision application into careful consideration and they regretted that they were unable to alter their order. The main grounds of the petition were, first, the magnitude of the concern and secondly, the fact that in certain other cases, namely, in the piece-goods department of Messrs. Steel Bros. and the piece-goods department of Messrs. J. & F. Graham, local exemption had been given to the heads of the respective departments, namely, Mr Arnot and Mr Barker, whereas Mr Watt as head of Messrs. Latham, Black & Co. had not been given exemption. The tribunal had found, as it must find, some difficulty in applying precisely the same principle to firms the personnel of which differed in numbers. But the principles on which they had gone in the case of piece-goods firms, was to give one officer partial exemption. That was what they had done in the cases of Steel Bros. and J. & F. Graham and also in the case of Messrs. Latham, Black & Co. The tribunal, therefore, could not reconsider their decision.
The next case was one of a somewhat similar nature of Messrs. George Gordon & Co. Their petition in revision also went on the main fact that the business was of considerable magnitude. Practically the same remarks applied in this case too. The firm originally applied for partial exemption for two of their Europeans, Manager and Assistant, Mr Scholes and Mr Parkinson. They revised their application for one and asked for partial exemption for Mr Scholes. In their case the two officers of the firm were aged 26 and 28 and for that reason the tribunal were of opinion that they could grant no assistance and the tribunal were still of that opinion.
The third case was that of Messrs. C.R. Cowie & Co. In the case of Mr Malcolm the tribunal adjourned the application for fourteen days in order that he might appear before the military medical board. The firm now reported that they had arranged to give Mr Malcolm one month’s sick leave and asked that his case be postponed for five or six weeks. The tribunal had no objection to that and the case was adjourned for six weeks instead of fourteen days.
All these three orders, continued the President, were passed by the tribunal upon which Mr Trench was sitting as the non-official member and the present orders passed were with the concurrence of Mr Trench.
Wolfram Applications
The President said, as he had already stated at the outset, the tribunal did not propose to pass any final orders that day on any of the wolfram applications. The tribunal recognised that the importance of maintaining, and if possible, increasing the output of tungsten was essential and they would not run the risk of passing any orders which might prejudice the outturn of wolfram. What they had done was to ask the heads of Rangoon office of tungsten producing firms in Tavoy and Mergui to be good enough to appear before the tribunal and explain the circumstances of their various concessions, what difficulty there was of giving their men military training and generally to enlighten the tribunal as to the circumstances existing in the tungsten districts.
There was one application that they could dispose of and that was of Mr Mullins of the Chartered Bank, Tavoy. Mr Beeston of the Chartered Bank, Rangoon, appeared and was asked by Mr McDonnell if Mr Mullins was an officer in the volunteer force. Mr Beeston replied in the affirmative.
Q. : He is in charge of a section or company? - Yes. Mr McDonnell said that the application made on the ground that Mr Mullins was the only officer in charge of the bank at Tavoy, that it was also the only bank at that place and that the whole of the wolfram finances were attended to by him personally. On the others hand, his instructions were to oppose the application of any volunteer officer.
The President: If Mr Mullins is taken on service in some other part of the province would you have to shut your branch down? - No, the only thing would be to try and find a substitute.
Mr McDonnell: Is it possible to finance through the Accountant-General? A.: That has its drawbacks. May I ask that an officer be sent down who is not a volunteer officer? Mr McDonnell said he was prepared to ask for a report from Mr Brander, Deputy Commissioner, Tavoy, on this matter and he would abide by his recommendation.
The tribunal passed orders as follows:-- Mr Mullins is a volunteer officer. The bank ask for partial exemption for Mr Mullins. Mr Mullins being a volunteer officer the tribunal regret that they cannot accept the application. Should the bank care to replace that officer by a sub-agent, who is not a volunteer officer, his case can be specially considered or re-considered.
Mr McDonnell at this stage informed the tribunal that it would perhaps shorten matters if he were to say that his instructions were from the General Officer Commanding at Maymyo not to oppose any application for exemption from general service by persons concerned in the wolfram industry. As regards local service that would be a matter for report by Mr Brander. He would send all the applications to that officer and he could report on each case. The only question was how much local service could be done by those applicants. As far as he was concerned that was the only thing he had to say.
The President: How long do you want? Mr McDonnell: I should want a month, I imagine. The President said that the Tavoy and Mergui tungsten applications would be adjourned for one month in order that the tribunal might refer to the Deputy Commissioner, Tavoy, to ascertain what that officer’s views were as to the extent of local service or general service which the gentlemen employed in the tungsten industry would be able to do.
The President said that there was one application from Tavoy which they would be able to dispose of immediately. It was an application from the Director General of Geological Surveys, India, for partial exemption of Messrs. Browning and Hayden. The Director of Surveys wrote that they were engaged on urgent work in connection with war material required by the Minister of Munitions. These two officers being in the Imperial Dept., did not come within orders passed by the local Government. The orders of the tribunal were that the application should be accepted and they should be granted partial exemption.
The next application was by Messrs. Finlay Fleming & Co. on behalf of various officers employed at the pumping station near Prome and Thegon. The original application was for total exemption for Messrs. Kerr, Douglas, Pereira, Catchick, Norton and Crest. The company later revised their application for one of total exemption for Mr Kerr and partial exemption for the other five. The tribunal granted the application as revisd.
The next application was that of the Bilin Rubber Estate for total exemption of Mr Carr. Mr Carr was the only European Assistant on the estate. The tribunal applying the same principle which they applied in the case of the rubber plantation in Mergui granted Mr Carr partial exemption.
The application of the Irrawaddy Flotilla Co. in respect of three recently joined 2nd Officers was taken up. They were Messrs. Ellis, Jubb and Lewis, respectively 24, 22 and 23 years of age. The company asked that the same orders should be passed as the tribunal had passed in the case of other navigating and engineering officers of the company, namely, that they should be granted total exemption for three months in order to allow the case to be reconsidered then in consultation with the military authorities. The application was granted. A further application from the Irrawaddy Flotilla Co. was in respect of Mr Burke, who was the company’s Agent at Yandoon. Mr Burke had to attend to the lighting and buoying of the Irrawaddy river and also in the rainy season to attend to salvage and towing operations. He was 43 years of age and the company asked for his total exemption, which the tribunal granted.
The tribunal next considered an application from Mr Dickie of the Indo-Burma Petroleum Co. for total exemption. The President said that Mr Dickie proposed to apply for employment in the munitions department wither in India or England and consequently it was possible he might leave India within a few months. It was for that reason Mr Dickie made the application. He was a volunteer officer on the supernumerary list. His application would be rejected and it would be open to Mr Dickie at any time later should he desire to leave Burma or India to apply to the tribunal again.
Posts & Telegraph Servants
The next application was on behalf of the staff of the postal and telegraph department, Burma. The President in disposing of it said: The following orders have been passed by the Government of India: All persons serving in the postal and telegraph department of the Government of India, who are under the Defence Force Act deemed to be enrolled for general military service, shall receive conditional service exemption from such service. The conditions are 1. the holder of the certificate shall be liable to local military service ; 2. If the holder of the certificate ceases to serve in the postal and telegraph department his certificate shall be inoperative with effect from the date on which he ceases to serve.
Misc. Applications
The tribunal next considered and application of the SInger Sewing Machine Co. on behalf of Mr Rennie for partial exemption. The President said the exemption came from the company and not from Mr Rennie. Mr Rennie would be probably pleased to hear that the tribunal had rejected the application.
Mr David, Civil Engineer, of 4 Campbell Rd., claimed exemption on the ground of his nationality. He stated that he was an Armenian. The President said that the tribunal could not deal with questions of this kind and the order was that Mr David’s application would be rejected and he must apply if he saw fit so to do to the prescribed authority under section 9 of the act.
The President said another application of a similar nature was that of Mr Curry, 56 Lewis St. He applied once before on the ground that it would put him to domestic inconvenience if he were made liable for military service. That application was rejected. At the same time he had another application which had not then reached the tribunal, claiming exemption on the ground that he was not a British born subject. The same orders would be passed as in the case of Mr David, that was to say, the application was rejected and Mr Curry, if he saw fit, might apply to the competent military authority for an enquiry into his case.
The tribunal considered next an application from Mr L. Dawson, Pyapon, on behalf of himself and Mr Adam. Mr Dawson was the Managing Director of the Dawson Agricultural Loan Co. Mr Adam was General Manager of the company. Mr Dawson had been examined by the military medical authorities. The President said that the decision in Mr Dawson’s case would follow the terms on the medical certificate, which the tribunal had not yet received. As regards Mr Adam, the application originally was for total exemption. Mr Dawson had now revised it to an application for partial exemption. The tribunal regretted that they could not exempt Mr Adam from general military duty.
An application by the Rangoon Electric Tramway and Supply Co. in respect of various members of their engineering staff was considered. Their original application was adjourned in order that they might, if they thought fit, revise their proposals, the tribunal considering that perhaps some of the employees for whom the company originally asked for total exemption might be placed on the partial exemption list. The present application was for total exemption on behalf of Mr Taylor, Chief Engineer, Mr King, Superintendent of the Power House, Mr Salmon, Engineer in charge of underground lines, Mr Waites, in charge of overhead lines, Mr Penfold, in charge of maintenance of public lighting, Mr Lewty, in charge of maintenance of the Power House, Messrs. Menzies, Nyss, Peterson and Davidson, Shift Engineers at the Power House and Messrs. Peters, Goodger and Pereira, Switch Board Attendants. The company asked for total exemptions on behalf of the thirteen employees. The tribunal accepted the application and granted them total exemption. On behalf of Messrs. Sharrock and Dender, the company asked for partial exemption and on behalf of Messrs. Hockey and Finch they asked previously for total exemption. The tribunal granted partial exemption as asked for.
The tribunal granted total exemption to Mr Williams, Accountant in the office of the Government Examiner of Accounts, who will be 50 years of age with a few months.
The applications of the following persons were adjourned to May 16th: Messrs. Anthony, of the office of the Superintending Engineer, Rangoon, R.E. Minus, E.H. Cox, of the Society for the Propagation of the Gospel, J.B. Fressanges and G. Harris of Messrs. Finlay & Sons, Moulmein.
The application of Mr Beale, employed by an Indian firm of concessionaries of wolfram and lead mines in the Southern Shan States, was rejected on the ground that none of the mines had started producing.
The firm of Messrs. Bryan Smith & Co. applied on behalf of Mr F. Mitchell for exemption from general service for six months and then asked that hr be placed on the general list. He was 39 years of age. The application was granted.
Mr Jordan asked for total exemption on the ground of medical disability and of nationality, he being an Armenian. The President: Are you a brother of Mr Jordan who died in Mesopotamia? - Yes.
You have got some other relations at the front? - Yes – one.
Do you take up the ground of nationality that you are not a British born subject or the medical ground? If you take the former, we will reject your application and leave it to the general officer commanding to inquire from the Deputy Commissioner about your nationality. If, on the other hand, you take up the medical ground the case will be adjourned for a fortnight to enable you to go before a military medical board. The applicant said he would abide by the medical board’s decision. The application accordingly adjourned for a fortnight.
The tribunal rejected the application of Mr Dutton, Supervising Agent of the Singer Sewing Machine Co. and said he would be liable to general military service.
Mr Turner of the Tamok Rubber Estates Ltd. asked for temporary total exemption for four months for Mr Morris, Manager, and thereafter for local service. Following the principles the tribunal had followed in the Bilin Rubber Estate and other Rubber Estates in Moulmein and Tavoy, they granted Mr Morris total exemption for four months, after which he would be liable for geberal military service.
The application of Mr V. Geard of Tavoy was adjourned to May 23rd for proof that the applicant intended to leave Burma.
G.V. Clark applied for temporary exemption on the ground that he was engaged in Government work. His application had been adjourned in order that he might supply the tribunal with more details than were available on the last occasion. That Mr Clark had now done and he was granted total exemption for three months, after which the case would come up again for consideration.
The applications of Mr Campbell Burn, bar-at-law, Toungoo, Mr Miller of Moulmein, Mr Midwinter, of Zigon, Mr D’Attaides, Advocate of Bassein and Mr Trutwein of Bassein, were adjourned to June 12th to enable the applicants to present themselves before the military medical board.
Applications were next considered from Mr Gayton of the Electric Repair and Installation Co. for total exemption for himself and his Assistant Mr Renus. The applications were subsequently modified by the company asking for partial exemption. The tribunal considered that the cases were for the consideration of the selection committee and rejected them.
The tribunal rejected the application of Mr Moss, Manager and Proprietor of a Rice Mill at Shwegyin, who applied for total exemption. The tribunal considered that the mill was not engaged in fulfilling Government contracts and did not export rice to other countries.
They also rejected the following applications for exemption: Mr C. N. Lindsaye, Organist of the Cathedral and Clerk of the Crystal Ice and Aerated Water Factory, Bassein, of Messrs. Christensen, Stevedores and Purveyors etc. Bassein and Mr J.A. Boog of Bassein, in respect of Mr C. Nichols, Foreman of the workshop and foundry at Bassein.
The seventh sitting of the Rangoon exemption tribunal took place on Thursday ... at the office of the P.W.D. Secretariat. The tribunal was composed of the same members as on Wednesday. The President have the following order in which the applications would be taken up: 1. Revision cases, 2. Medical applications 3. Misc. applications. There was, he said one revision case for decision. That was the application of Steel Bros. on behalf of Mr Weir who was in charge of the Cotton Produce Dept., of Messrs. Jamal Bros. Cotton Produce Co. In the original proceedings Mr Weir applied for partial exemption which the tribunal had refused. Since then further circumstances had come to light, which distinguished this case from the cases in revision dealt with the previous day. The new circumstances were connected with trade in white beans, and had been communicated to the tribunal confidentially. It was sufficient to state that it concerned the national interests. The non-official member of the tribunal which passed the original order was Mr Blackstock. The tribunal in revision granted Mr Weir partial exemption. That order was with the concurrence of Mr Blackstock.
The medical applications were then disposed of: Mr Haines, Managing the business of the Hon. Lim Chin Tsong appeared to receive the orders of the tribunal, which had directed him on a previous occasion to present himself before a military medical board. The President said that Mr Haines had been put by the military medical authorities in class B, that was to say he was fit for ordinary service. The Hon. Mr Lim Chin Tsong appeared at the original hearing and said that he was prepared to let Mr Haines’ case stand or fall by the medical certificate Mr Haines might obtain. He had been examined and placed in class B. He now represented that, apart from his medical disability, the exigencies of the Hon. Lim Chin Tsong’s business made it necessary that he should receive some exemption. The tribunal were of opinion they could not enter into the matter. The military medical board having regarded Mr Haines as fit for ordinary service, the tribunal must, therefore, reject his application for exemption.
The following applicants who had agreed to abide by the decision of the military medical board have all been placed in class C. (that was to say, fit for duties of a sedentary nature) : I. Mayne, E. Tucker, R.E. Smith, and V.P. Nasse of the London Rangoon Trading Co. The tribunal, therefore, rejected their applications for permanent exemption.
As regards Messrs. C. Gamble, C. Stewart, H.J. W. Smith and F.H. Tyd-De, who also agreed at a previous sitting to abide by the decision of the military medical board, they have all been placed in class E, that was to say, they were permanently unfit for any service. The tribunal granted them total exemption.
With regard to Messrs. Neilson, D’Castro and Nicholas, the tribunal adjourned their cases to may 23rd for receipt of their medical certificates from the military medical board.
Mr Sharrock of the Rangoon Electric Tramway and Supply Co. applied for total exemption on medical grounds. Mr Sharrock had been already granted partial exemption but his medical certificate had not yet reached the tribunal. His application was consequently adjourned to May 23rd to enable the tribunal to examine the certificate given him by the military medical board.
The President said that there was an application of the Bank of Bengal for total exemption on behalf of Mr Wright, Cashier. At the original hearing the bank agreed in Mr Wright’s case to abide by the decision of the military medical board. Their certificate was to the effect that Mr Wright was placed in class C. fit for sedentary military duties. He (President) should like to hear what the representative’s views were. Mr McDonnell said as the tribunal knew, a good deal of the bank’s work was practically important Government work. They were told that the bank was shorthanded. As Mr Wright was placed in class C, he was prepared to agree to his total exemption. The President, passing orders, said that the military representative had pointed out that Mr Wright was engaged on important duties and that it would probably never be considered desirable in any emergency to employ him on military sedentary duties rather than leave him where he was. The tribunal agreed with that view and granted Mr Wright total exemption.
The President said that there was an application from Mr Stronach for total exemption on the ground that he was leaving Burma. The tribunal at an earlier hearing adjourned the case until yesterday for proof that he was leaving the province. Mr Stronach had now produced that proof and the tribunal granted him total exemption.
The next sitting of the tribunal will be on Wednesday, when various medical applications will be heard : also cases from Akyab, where the applicants have offices in Rangoon and certain other belated and miscellaneous applications.
Mandalay
The first sitting of the exemption tribunal took place yesterday when a number of applications for exemption was disposed of. Mr W.J. Smyth, I.C.S. was President, Capt. Hele, the Borders, Military member and R.H. Wakefield, Civil member of the tribunal, while Capt. Banks represented the Military authorities.
The case of Mr Strentz, Clerk employed by the Municipality, was first considered. He had been pronounced medically unfit. It was decided to grant him a certificate of exemption so as to save him from being called upon for military service elsewhere if he were to leave Burma for India.
Capt. Banks then made a statement on the lines on which military representatives at other centres, such as Rangoon, Calcutta etc., have spoken, showing on what grounds exemption should be granted and the view of the military authorities took of the subject, laying stress on the fact that total exemption, in the case of applicants fit for; and the age in which they could be called upon for military service, should be granted only where the applicant could not possibly leave work without injuring it ; also that in any case applicants would be called up for general military service only in cases of emergency. He referred to the fact that there had been only nine total and seventeen partial exemptions granted in the case of Government servants coming in the category he had indicated. Capt. Banks then referred to the arrangements made for training at Maymyo, where men whose services could be ill-spared from their work were doing their ninety hours training in a month, 80 or 90 of them being for that purpose attached to the Border Regiment.
The tribunal then took the application of Mr L. Mackintosh, Municipal Engineer, Mandalay, who had been pronounced medically unfit, giving him permanent exemption.
The next case was that of G.R. Long, Conservator of Forests, who suffers from serious lameness ; he had put in a statement that he was unfit given him by an officers in Maymyo. The tribunal granted him permanent exemption conditional on the production of a proper certificate to the effect that he was totally unfit for military service.
None of the applicants whose cases had so far been considered appeared before the tribunal in person. The first to do so was F.G. Robson who asked for permanent exemption on the ground that he was the only European in charge of the forest at Shwegu which he was working under a lease from Government and that the business would be entirely dislocated and he would suffer considerable pecuniary loss if he were called away from it for general military service, but pointed out that his business was such that he could not leave it at stated times for drills. In the course of discussion it came out that Mr Robson is a volunteer of many years standing and was extra efficient last years and that he was thirty-nine years of age. Capt. Banks suggested that he be exempted from general service till he was forty, when he would become automatically exempt from it, but be liable to local service. Mr Robson said he had already expressed his willingness to undergo that service, but he could not begin at once because renderpest had broken out and it was absolutely necessary for him to go back immediately and take such measures as were necessary to safeguard his interests.
Capt. Banks suggested Mr Robson should arrange to get through his training at Maymyo any time within the next six months and Mr Robson said he would arrange for that. The applicant was accordingly given exemption from general service only.
Mr Morrison of the Upper Burma Wood Co. was the next applicant for exemption from service outside of Burma. There were only two Europeans of their firm left, himself in Upper Burma and the Manager in Rangoon, three of them having received commissions. The firm was supplying sleepers for Mesopotamia and East Africa. The work in Upper Burma could not be carried on without him as it was impossible to put in a substitute. Capt. Banks thought it was a case for the selection committee and Capt. Hele thought Mr Morrison had not made out a strong enough case. Mr Morrison pointed out that his partner in Rangoon had been granted partial exemption. Capt. Banks thought that the applicant could arrange to go through his training in Maymyo in a month as others similarly situated were doing. It was finally decided to grant Mr Morrison exemption from service out of Burma but that he should undergo full general training locally. Mr Morrison is 36 years of age.
Mr Wickham, aged 43, Manager of the Burma Camphor Estates in Southern Shan States, three nights journey from Taunggyi, asked for total exemption on the ground that he was the only European in charge of the estates. He had not been medically examined, but he believed he was perfectly sound. The tribunal decided that he be granted exemption from local service till the 1st November.
Mr Morgan of Finlay Fleming & Co. appeared on behalf of Mr Mackintosh of the same company and himself, each 27 years of age. They were in charge of cotton factories at Myinmu and Myingyan and it was indispensable that they should be in charge while the factories were working, which was all through the year. when they shut down for cotton, they started on oil and now they were busy with white beans for Belgium. They had been medically examined. Mr Morgan had passed in class A ; Mr Mackintosh for sedentary employment. After some discussion the tribunal decided that the exemption should be granted to Mr Morgan. Mr Mackintosh would be temporarily exempted from local service.
Mr McCrae of Findlay & Sons, Moulmein, was not present and the consideration of his case postponed.
In the case of Mr Bernard de Cruz it was decided that the medical certificate of unfitness he had sent could not be accepted and that he get a certificate from the station medical officer, Maymyo.
The cases of Mr Doig and Mr Mather, 23 years and 24 years, of Messrs. Jamal’s Cotton and Produce Co. of Myingyan, were next considered. Mr Morgan appearing on behalf of both. Their mills were at Myingyan and Allanmyo and the grounds on which they asked for exemption were similar to those advanced by Messrs. Morgan and Mackintosh. It was decided that Mr Doig be exempted from general service, but be liable to local service and that Mr Mather be liable to general service.
The application of R. Calogreedy, Manager of the Printing and Stationary Co. for total exemption was rejected. Among a number of grounds advanced was that his business would go under if he were taken away from it and he would be therefore unable to support his wife and two children in England and another that he was not a European British subject, his father being a Greek. This latter ground was however withdrawn. Capt Banks and Capt. Hele were both strongly opposed to granting any exemption while Mr Wakefield thought they might exempt him from general service.
Mr Liddell of Steel Bros. appeared on behalf of two employees of the firm, De Castro and Boudville. Their cases will come up again after a month.
The cases of Anthony and Rebeiro, who had registered under misapprehension were referred to the District Magistrate.
J.O. Hunter of Rowe & Co. pronounced medically unfit, was totally exempted.
Mandalay
On Monday 14th the exemption tribunal, President, Mr Smyth, military member Capt. Hele, Borders, W.B. Webber, Burma Railways civilian member and Capt. Banks, Borders and Adjutant Upper Burma Rifle Corps, Mandalay, representing the General Officer Commanding, considered applications from the Burma Oil Co. on account of 81 of their employees. Mr W. S. Lamb, Agent of the Burma Oil Co. at Nyaunghla appeared for the applicants. The case of each employee for whom exemption was asked was considered separately with the following result:- Dr. A. B. Bull was exempted from general service. C. Sharp, was totally exempted being medically unfit, as was D. McIntyre. R. Thomson was exempted from general service as long as he remained in his present employ at Singu and so were Messrs. J. Scott, H.H.D. Jones, H.H. Hobbs, L. Fenn, C. Fenn, J. Dotterer, F.H. Rogers, J.D. Reep, J.K. Porter, J. Seiple, M.T.M. Ross, Yenangyat. Messrs. J. McDonald, J.D. Patterson, H. Rainford, W.A. Forster, W.L. Ashe, W.E. Brown, all of Yenangyat, were similarly exempted from general service. P. Brunt, and J.R. Grove of Minbu were exempted from general service on similar conditions. W. Gillies, A.H. Skerritt and P.R. Young at Minbu were totally exempted while remaining in their present employ. W.S. Lamb was exempted from general service and so were G.D. Forrester, D.R. Meikle, H. Cowan, M.A.H. Donald, G.K. Richardson, H.H. Sale, R.S. McWhinnie, W. G. Macfarlane, T. Howel, P. Baillie, A.H. Buchan, H. Clive, H.B. Meaton, T. Unchin, E.O. Weller, G.C. Cooke, E. Casserly.
N. McEachran was exempted from general service while remaining in his present employment at Yenangyaung, as were J.H. Flett, E. Josh, T. Josh, Mr Eaglesham and Mr Tracey. Mr H.S. Malott, over 41, will have to undergo preliminary training in six months and so will Messrs. F. Wade, W. Christner, T.J. Poore and T.M. McCort. J.H. Goal was exempted from general service on condition that he underwent full general training.
The applications of Messrs. T. B. Wood, A.G.A. Stirling, B. Lentaigne, C. Vaughan, O. Tindall, M. Grieve, A. Lloyd, P. Evans, C.A. Phillips. E. Proctor, A.T. Buchanan, H.M. Fitzgerald, D. Girsham, C.F. Coombes, W.T. Hawkins, W. Beards and S.W. Madden were rejected.
The application of C.D. McGee, Allanmyo, was returned.
Yesterday there was held the second sitting of the exemption tribunal which was composed as before except that Mr Watson of the Irrawaddy Match Factory sat as civil member.
The first applicant was F.I. Vokes, Stewart of Government House, whose application for exemption from general service was backed by the Lt.-Governor, who has recently had two changes on his staff so that only Mr Vokes among these acquainted with the running of Government House establishment remained. Mr Vokes said he was formerly of the Viceroy’s band and a volunteer. The tribunal granted him exemption from general service and said he would have to do his preliminary training from May 1st, the training having to be one in two consecutive months.
The next application for exemption from general service for Mr Lionel Breadon was presented by his father, pensioned telegraph master, who said that he had no one to look after him and his orchard, two stations out of Maymyo, but his son, he being a widower in bad health. He had four other sons two of them in the Burma Police. Capt. Hele pointed out that they would as police offices, be exempted, exemption was granted up to August 15th.
An application presented by Mr Kirkpatrick on behalf of his son W. H. Kirkpatrick, a 9th standard student aged 18, on the ground that to take him away for military service would prevent his continuing his studies and affect his future prospects, was rejected.
The application of Steel Bros., Rangoon, for exemption from general military service for W.T. Liddell, of their Mandalay branch, was next considered. The work of the firm here wanted constant supervision by a European manager. Mr Layard was in charge of the forest business and was not in a position to do Mr Liddell’s work as well as his own, though the latter could look after Mr Layard’s office work. Capt. Hele said Mr Liddell was a volunteer officer and as such could not be exempted. The application was rejected.
Mr Burbidge, Manager of the local Electric Tramways and Lighting Co. applied for exemption from general service on behalf of six members of his staff, pointing out that it was indispensable that each of them should be continuously in charge of his section and could not be replaced and that the public services performed by the company in street and house lighting, road watering and pumping for water supply would be seriously dislocated if his staff was diminished. He added that Mr Chase would have to take charge as well of his (Mr Burbidge’s) duties as Manager and Engineer in the latter’s absence and was the only one besides himself authorises to sign cheques. Two of the company’s staff had already joined the I.A.R.O. (Mr Burbidge referred to Messrs. Alderman and Eillourt.) Capt. Banks pointed out that of those whom exemption was asked, three, Messrs. Turnbull, Kolb and Phipps had been placed medically in class F. and their case need not be considered. Mr Taylor was in class C and could be given exemption from general service. The cases only of Mr Chase and Mr Boywer need to be considered. After further discussion it was decided to reject the application of Mr Boywer and grant exemption from general service to Mr Chase on the condition that he went through the full general service training.
Very little time was taken in considering the case of J.C. Melville, local Agent of the Irrawaddy Flotilla Co. who was granted exemption from general service training on the same condition as Mr Chase (who, by the way, and Mr Taylor are exempted only as long as they are employed in their present capacity.)
Mr Lucas of Messrs. E. Dyer & Co. asked for exemption from general service on behalf of G. Meadon, 40, in charge of the coffee shop and regimental institute at Maymyo and Mr Morris, their Engineer at the brewery, where they must keep a man of his professional attainments. With regard to the former, exemption was granted unconditionally ; but Mr Morris, 31, was granted exemption from general service provided he did full general service training and remained in his present employment.
The application of Mr Laidlaw, Manager of the National Bank branch here, on behalf of Mr Rodgers, his Chief Assistant, was rejected. Mr Laidlaw pointed out that Mr Rodgers, who had been in the bank since 1895 and knew the business thoroughly and the several languages of local business clients was practically indispensable for the proper carrying out of the banks work ; but the tribunal pointed out that in all cases where there were two men in charge they had exempted only one and they would not make a difference in this case.
George Apcar of Apcar & Bros. asked for exemption from general service on the ground that he was practically in sole charge as his brother, 47, who was with him could not on account of is health carry on the work. The consideration of the application ws postponed for a month until his brother had been medically examined.
Dr. Peacock, in medical charge of the St. John’s Leper Asylum, with 300 patients and an out-door dispensary was granted exemption from general service on the condition that he did his preliminary training in six months.
Mr Guinness, 40, Superintendent of the Mandalay Fire Brigade was granted total exemption as long as he remains in his present post.
Mr Brown, Manager of Messrs. MacKenzie’s branch here, applied for exemption from general service. Capt. Banks admitted that it would not do to have the business closed down for want of someone to take Mr Brown’s place if called away for service, as the business was of local national importance in case of emergency, also that Mr Brown had been medically put in class C, but said he should be exempted from general service only on condition of his putting in full general service training.
Mr Wakefield asked to withdraw two applications for exemption that had been put in for Mr Wright, Messrs. Whiteaway’s, Maymyo Manager, and Mr Moore at Yenangyaung.
Rangoon
Wednesday was the eighth sitting of the Rangoon exemption tribunal in the office of the joint Secretary to Government, P.W.D., Secretariat buildings, Dalhousie St. The tribunal comprised J.P. Hardiman, President, Major C.J.K. Pollard, Military member and R.G. Nicoll, the non-official member. T.F.R. McDonnell represented the military authorities. The President said that the order in which the day’s proceedings would be conducted would be as follows:- 1. The railways, 2. Medical, 3. Rubber, 4. Applications from Akyab and 5. Some miscellaneous applications.
The first application he aid was that of the Burma Railways Co. for partial exemption of 325 of their employees. He should like to have the views of the military representative. Mr McDonnell said his instructions were that the Adjutant-General had ordered that total exemptions from general service asked for by heads of railway administration should be granted. In the present case the exemptions were form general service and as far as he was concerned he agreed to that. The President: The railway wrote asking for permanent exemption from general military service. What does that mean?
Mr McDonnell: That means ordinary local service. The President: Would it satisfy or fall in with the views of the military representative if they were granted partial exemption? Mr McDonnell: Yes. I am only arranging to agree to partial exemption from general service. The President said that the tribunal would grant partial exemption to the applicants.
There were quite a number of applications considered in which applicants put forward medical grounds for exemption from the tribunal. The first was that of Messrs. A. Scott & Co. on behalf of one or two of their firm for revision. The original order was that Mr Livingston was to be granted partial exemption and Mr McIntyre to be granted no exemption. The form now asked that those orders be revised and that Mr McIntyre be granted partial exemption and Mr Livingstone be granted no exemption. The firm stated that both gentlemen were in the highest medical category and the military representative had no objection to the substitution, which the tribunal granted.
The application of Mr MacGregor of Messrs. A. Scott & Co. on medical grounds was adjourned for a week.
The application of G.W. Dobson and Mr Hockey of the Rangoon Electric Tramway and Supply Co. were adjourned for a week to enable them to get their medical certificates. Mr Dobson said he was placed in class C. (fit for sedentary duties) and Mr Hockey in class F. (totally unfit for military service.)
The President said that the military authorities had examined Mr Sharrock of the Rangoon Electric Tramway and Supply Co. and placed him in class C. Having regard to the importance of his duties and the fact that in case of emergency his services might be necessary the tribunal decided to give him total exemption.
The application of W.H. Barton, proprietor and editor of the Times of Burma, Burma Sunday Times and other papers was next considered. Mr McDonnell: Have you been examined Mr Barton?
Mr Barton: I have not.
Q ; Why not? - I declined the last time to go before a military medical board.
Mr McDonnell: Well, I ask the tribunal to pass orders as Mr Barton agreed to abide by its decision.
Mr Barton: I may state on the authority of the Brigade Major that no one can be compelled to go before the military medical board.
Mr McDonnell: That is so. It is left to you to go.
Mr Barton: I’ll withdraw my application for exemption on the ground of physical unfitness.
Mr McDonnell: I ask the tribunal to give its decision on the first application.
The President: That is, on the ground of business.
Mr Barton: No, on the ground that I cannot be spared. In Calcutta, I may say, all the newspaper editors had applied for exemption and some were exempted.
Mr McDonnell enquired if the business of newspapers in Burma was of national importance.
Mr Barton: Decidedly. The general public would not know anything of what was going on if we had no newspapers here.
The President: I think you are the only editor here who has applied for exemption.
Mr Barton: Probably, I can say, the other newspaper editors are over fifty years of age.
Mr McDonnell said he could inform the tribunal that the editors of the Rangoon Gazette and the Rangoon Times were both under fifty and were both on parade on Tuesday evening.
Mr Barton said if the editor of either of the two papers was called up, there were three or four assistants to take up his duties, whereas if he were called up he had no one to step into his position and he would be compelled to cease publication of his papers. He had over one hundred men on the staff and in that event it would be a hardship not only to himself but also to them. There was no comparison to be made between his position and that of the other papers.
Mr McDonnell said all that had been urged before. He suggested that there was nothing to justify the tribunal in going behind its decision.
Mr Barton said that application was not then before the tribunal. He had withdrawn it. He further respectfully submitted that it was not within the province of the tribunal to order him to go before the military medical board.
The President said that the order of the tribunal was that the application should stand over until May 16th to enable Mr Barton to present himself before the military medical board.
Mr Barton said that he received an order from the military representative dated May 13th on the Monday following, directing him to attend before the military medical board. The notice signed by the President of the tribunal referred to his application for total exemption on the ground of ill health. He did not move the tribunal on the ground of ill health solely. His main ground was that is business would have to close. He did not mind doing what he could ; but he thought it would be a very great hardship to him if he were not exempted. He might add that the President of the Calcutta tribunal announced in the course of the hearing of an application for exemption that if an applicant felt he would not get protection from the selection committee it was this duty of the President of the tribunal to assist him in the matter. He did not wish to dwell further on the point but reiterated the statement that it would be a great hardship. The President said he would pass orders later. Mr Barton then handed in to the President an extract from the Sunday Times, dated May 6th in which it was stated that Mr McDonnell at the tribunal sitting had asked if newspapers were of national importance. Mr Lloyd George in his speech in London had emphasised the value of newspapers in their national effort. At a meeting in February in London, Lord Burnham said: “The newspaper is as much a part of the national machinery for waging the war as any government department high or low.”
Later orders were passed by the tribunal as follows: The application of Mr Barton, editor of some newspapers, for exemption on the ground that he cannot be spared from his business and if he were called upon to do military service, his business would have to come to an end. The tribunal is of opinion that Mr Barton’s business cannot be considered as one of national interest and therefore regrets that it cannot accept his application, which is rejected. The tribunal thinks it is a case which should go before the selection committee in due course. Mr McDonnell: The selection committee only deal with cases of men under 41 years of age who are called upon for active service.
The President: In all cases of over 41? Mr McDonnell: No. Mr Barton, I think, will have to serve at the discretion of the commanding officer.
The President said that the military representative pointed out that applicants of over 41 years of age did not come before the selection committee. The tribunal did not know whether that was the case or not. If that were the case, Mr Barton would have to abide by the decision of the military authorities. If that were not the case, then he would have to abide by the decision of the tribunal.
The next was an application of Mr Tomlinson for exemption on medical grounds. The applicant was on leave in India and the President had received a telegram to the effect that he had appeared before a medical board and been placed in class D. The application was adjourned for one month in order that the applicant’s medical certificate might be considered by the select committee.
Mr Jordan said he had been examined by the military medical board and placed in class B (fit for military service.) He pointed out to the tribunal that he had also applied for exemption on the ground that he was not a European British subject. He was an Armenian. Mr McDonnell: But claims have been made by your community that they were European British subjects. I ask that the matter be referred to the District Magistrate. The President passed order directing Mr Jordan to appear before the District Magistrate, who would hold an inquiry as to his nationality.
The application of F.W. Martin, Acting Senior Superintendent of Excise, was next considered by Major Pollard and Mr Nichol in the absence of the President under whom the applicant was employed. As the applicant was now fifty years of age and his health was not very good, the tribunal granted him total exemption.
Mr Rebello and Mr Jackson, Manager of the Pasteur Institute, who have been declared by the military medical board to be unfit for military service have both been granted total exemption.
Mr Anthony of 40 Morton St. having been examined by the military medical board, had been put in class B. The applicant told the tribunal that he had signed the registration form through misunderstanding and fright. Besides his grandfather was not a European British born subject. He had been a volunteer for three years. The President said that the applicant applied for exemption on various grounds namely, bad eyesight weakness of the right knee, kidney trouble, weak legs, inability to stand hard exercise and rheumatism. Mr Anthony having agreed to abide by the decision of the medical board, who said he was fit for military service, the tribunal rejected his application.
The application of Mr R.E. Minus was adjourned for a week to enable the tribunal to get his medical certificate.
Mr Williams, Master Mariner, applied for exemption on the ground of ill health. He was examined by the military medical board and placed in class D, that was to say to report himself to them after six months. The tribunal granted him total exemption for six months. If he was in Rangoon at the end of that period he must come up again.
Mr Pearley, who was also placed in class D, was granted total exemption for the same period.
The applications of the following who have been examined and whose medical certificates have not reached the tribunal were adjourned for a week: Mr Scoggins of Messrs. Thomas Cook & Son, Messrs. B. White, L. Dawson, H. Davis, O’Leary, Winton, Quinlivan, Stork, J. Paul, J. Howard and D.M. Bruce.
In the case of Mr Stephenson of Messrs. Coombes & Co. who was placed by the military medical board in class C, Mr McDonnell suggested to the tribunal that no orders be passed. The President said the Mr Stephenson was found to be fit for sedentary work by the military authorities and the tribunal must reject his application. If the military wanted him for sedentary duties, he must go.
G.R. Allison was placed in class E by the military medical board and the tribunal, therefore, granted him total exemption. Mr J.F. Gamble and Mr Deetjen were placed in class E and were also totally exempted.
Mr Palmgren of the New Amherst Rubber Estate, was granted partial exemption.
The Shwegyin Rubber Estate applied for partial exemption for Messrs. Fellaway, Ransom, Gilbanks, St. John and Anderson, aged respectively 37, 32, 28, 27 and 29. The President said the principle followed by the tribunal in the case of staffs of runner estates had been to give the Manager partial exemption and no concession to the junior officers and that principle they would follow in this case. The Manager was granted partial exemption, while the application in respect of the other four was refused.
The tribunal granted partial exemption to Mr Dickie, Manager of Bulloch Bros., Akyab, and the application on behalf of Messrs. McEwen and Green of the firm was withdrawn.
In the application for total exemption of Mr Lees, Agent at Akyab of the Bank of Bengal, Mr McDonnell objected to the applicant being exempted from local service. The tribunal granted partial exemption.
The tribunal granted the application for partial exemption of Mr Gaudie, Manager of the Arracan Flotilla Co. It also granted their amended application for the total exemption of Mr Donnithorne, engineer and partial exemption of Mr Gardiner, both of whom were engaged in work relating to the carrying of Government mails at Akyab. Partial exemption was granted to Mr Faure, Engineer of the same firm’s rice mill.
There was next considered an application by Steel Bros. for temporary exemption for Messrs. Moylan, Baker, Martin and Gardiner, employed on the staff of their rice mill at Akyab. The company later revised their application into partial exemption for Mr Moylan, Manager at Akyab and partial exemption for Mr Gardiner, Engineer. They withdrew their application for Messrs. Barker and Martin. The tribunal granted Mr Gardiner partial exemption. As regards Mr Moylan, he would be shortly transferred to Rangoon, where he would be liable to general military service. But later, if Mr Moylan should return to Akyab it would be open to the company to make another application.
The application of Messrs. Whiteaway Laidlaw & Co. on behalf of Mr Sweitzer, Manager at Akyab, was rejected.
The tribunal granted C.H. Mackay of Messrs. Burn & Co. partial exemption.
Mr Halkerston, late of the Irrawaddy Flotilla Co. was granted total exemption on condition that he left Burma within one month from date.
The application of Mr Andrews of the Po Sein Opera Co. for exemption was rejected.
The President said that Rev’d. E.H. Cox had applied for exemption under misapprehension, since he was a priest in holy orders. The tribunal said that Mr Cox did not come within the operation of the Act, and, therefore, no orders on his application were needed.
Mr Watson, Chief Civil Master Armourer of the Burma Division, was granted total exemption.
The President said that Mr Grant of Barr Street had applied for exemption on the ground that he was over age. The tribunal had his application adjourned in order to move the registration authority to cancel his registration. There was no further information on the file about Mr Grant and the tribunal consequently rejected his application.
A.V. Joseph of Messrs. Joseph & Co. applied for exemption on behalf of Messrs. Cowsley and Bateman, who were over 41 years of age. The application was rejected.
Messrs. T.D. Finlay & Sons of Moulmein, applied for total exemption on behalf of Mr Harris, in charge of their forests in Papun, and Mr Fressanges, in charge of their forests in Nyaunglebin. As regards Mr Harris, total exemption was granted for six months, after which his case would come up for revision when he might be in some place more accessible than Papun was. The application of Mr Fressanges was ejected, the tribunal suggesting that the firm should make arrangements for his training similar to those made by other timber working firms.
The President said that there was an application for revision of the tribunal’s order in the case of H.J.R. Calder, of the China Mutual Life Insurance Co. In the original application Mr Calder asked for partial exemption, which was not granted. He now represented that his business was of considerable magnitude and that he should be therefore granted partial exemption. The case was decided by a tribunal consisting of Major Pollard, Mr Buchanan and himself. Mr Buchanan was not present when the application was decided because he himself was interested in insurance business. Two members, Major Pollard and himself (President) had reconsidered the case and saw no reason to alter the orders originally passed.
The next meeting the President said, would be at the same time and place on May 23rd. The name of the non-official member had not yet been settled. The tribunal would, the President added, like to take this opportunity of expressing its thanks to the Public Works Dept. for the use of the room and furniture and Mr Raikes for fitting the room, in which the sittings were held, with new fans which greatly added to the comfort of the public, press and the tribunal.
Rangoon
The Rangoon exemption tribunal on Wednesday resumed its sitting at the office of the P.W.D. Secretariat. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, R.A. and Mr J.A. Swan, the non-official member. T.F.R. McDonnell appeared as representative of the military authorities.
The President announced the following order in which application would be taken up: 1. Medical ; 2. Irrawaddy Flotilla Co. ; 3. Post and telegraphs ; 4. Miscellaneous and then, as the respective non-official members came in, the cases on revision, in order that they might get away as soon as possible.
The following who have been placed by the military medical board in class E have been totally exempted by the tribunal from military service: R.E. Minus, F.M. Quinlivan, B. White, J.B. Forrester and H. Hockey.
Mr Gibbon, on behalf of the London Rangoon Trading Co. applied for revision of the decision of the tribunal in the case of their Asst. Manager, Mr Richards, who applied for partial exemption on the previous occasion and had been refused. Mr McDonnell said he thought he was bound to ask for instructions as to whether he was to oppose the application or to ask the tribunal to allow the matter to stand over until he got instructions. His instructions, he thought would be in any case to oppose the application. Mr Richards was a volunteer officer and the tribunal knew the rules regarding exemption being granted to volunteer officers.
The President enquired of Mr Gibbon if he had any fresh grounds in his application for revision. Mr Gibbon said he had and desired the tribunal to hear his grounds in private. The President, Major Pollard and Mr Trench, who was the non-official member for this application, then retired to consider the application. On their return the President passed orders as follows: This is an application by the London Rangoon Trading Co. for revision of the tribunal’s earlier order, regarding Mr Richards for whom originally the firm had asked for partial exemption and who had not received that exemption because he was a volunteer officer. At the same time the tribunal realises that the firm are conducting a work of national importance and granted them what they did not ask for, namely, permanent exemption for Mr Gibbon.
The firm come up now on revision with alternative requests. The first request is that Mr Richard should receive partial exemption. The tribunal have taken this matter into careful consideration, not only in their deliberations a few minutes ago, but also in the interval after receipt of the application for revision and in view of the fact that Mr Richards is a volunteer, is comparatively young and has been placed by the military medial authorities in class A, they regret they cannot see their way to alter their decision.
The other request now made is that Mr Gibbon’s total exemption should be cancelled and that he receive partial exemption. Mr Gibbon is very anxious to do his military training. With that point of view the tribunal is glad to sympathise with him and they are happy to cancel the previous order in Mr Gibbon’s case and make him liable to local military service.
The next was an application of Mr Haines for revision of the tribunal order. Mr Haines is in charge of the Shipping and Insurance business of Mr Lim chin Tsong.
The President: Is there anything in your work that necessitates European supervision? - Yes ; European supervision is needed.
Mr McDonnell: I suggest that it will be quite possible to train another man in the next three months? - I should say no.
Q : There are Chinamen who run wolfram concessions and run them without European supervision? – I do not know about that.
Q : Cheng Hong has a wolfram concession? – He has sold the concession, I think.
Q : Had he a European Manager or Engineer? – I do not know personally.
The President: What branch of the business of Mr Lim Chin Tsong do you supervise? – The wolfram and the whole of the shipping.
Q : You carry on an insurance business with Government? – Yes, we take war risks.
The President in disposing of the matter said that the original application was for partial exemption of Mr Haines, which the tribunal had rejected. The applicant now pointed out that Mr Haines’s presence in Rangoon was indispensable to the successful working of his shipping and wolfram business. Mr Haines was 37 years of age and had been placed in category B by the medical board. The tribunal felt some doubt whether difficulties in connection with the shipping business were so great as to justify their granting a concession to Mr Haines. In view of the fact, however, that the firm was exporting tungsten, the tribunal granted Mr Haines partial exemption.
The next was an application for revision of the order on Messrs. G. Atherton & Co. application on behalf of G. Meyer for exemption. The non-official member who considered the application was Mr Blackstock and with the concurrence of that official, the tribunal could not see its way to granting the application.
Mr Cotterell applied for revision of the tribunal’s orders in his case. He was liable to general military service and had applied for total exemption, which the tribunal was unable to grant. Mr Cotterell now wrote to say that he had presented himself before the military medical board, but the tribunal had not yet received his certificate. The case was accordingly adjourned to June 12th.
Messrs. Thomas cook & Sons had applied for total exemption on behalf of Mr Scoggins, who had agreed to abide by the medical certificate of the medical authorities. They now placed him in class D, that was to say, he was put back for six months. The tribunal granted him total exemption for six months, after which his case would come up again before them.
Messrs. Stewart Raeburn & Co who applied for partial exemption for Mr Howard and had agreed later to abide by the decision of the medical authorities, now reported that Mr Howard had been placed in category C, that was, fit for sedentary duties. The tribunal therefore, rejected the application, the President remarking that if the military authorities wanted Mr Howard for sedentary duties they must take him.
In the case of G.W. Dobson, of the Rangoon Electric Tramway and Supply Co., who had been classed C by the military medical board, the tribunal passed orders similar to those in the other cases of the Tramway Company’s employees. They granted total exemption to Mr Dobson in view of the fact that in case of any emergency it would be necessary for him to be not only on the spot at the power station, but also probably on military guard duty. The tribunal considered that he would be of more service in his official capacity than if he were on sedentary military duties.
J.C. Carron was placed in class D by the military medical board and the tribunal totally exempted him for six months, after which his case would come up again.
F.A. Malcolm and C. Winton of Messrs. Chas. Cowie & Co., having both been classed A by the military medical board, the tribunal rejected their applications for total exemption.
C.F. Sharrock of the Rangoon Electric Tramway & Supply Co., who agreed to abide by the decision of the military medical board had been placed in class C. In view of Mr Sharrock’s appointment being one of Assistant Engineer, the tribunal granted him total exemption, although he had been declared fit for sedentary duties.
The applications of the following were adjourned till June 12th, the military medical certificates in their cases not having reached the tribunal ; H. Davies and J. O’Leary of the British Burma Petroleum Co. ; D.M. Bruce of Messrs. Walker & Whyte ; J.B. Sutherland of Moulmein ; G. Neilson of Messrs. Binning & Co. ; A. Nicholas, Head Clerk of the office of the Superintending Engineer, Pegu Circle ; A. Dutt, American Consulate’s Office.
A.D. McGregor of Messrs. A. Scott & Co. was granted total exemption for six months as the military medical board had placed him in category D. His case would come up again after that time.
Mr D’Castro, Clerk in the office of the Inspector-General, Civil Hospitals, applied for total exemption on medical grounds. The Inspector-General of Civil Hospitals furnished the tribunal with a copy of a certificate from the staff Captain for Registration, Maymyo, which stated that the applicant had been exempted from military service absolutely. The tribunal accepted the certificate and granted Mr D’Castro total exemption.
Mr Stork of Messrs Stork & Co., having been placed in category C, as being fit for sedentary military duties, the tribunal rejected his application for total exemption on medical grounds.
The tribunal considered an application of the Irrawaddy Flotilla Co. for total exemption on behalf of the navigating and engineering staff of their fleet, comprising altogether 184 officers. Mr McDonnell said his instructions from the General Officer Commanding were that no useful purpose would be served by enforcing military training upon those officers and he asked that they be given total exemption. The President said that the original order was that those officers should be granted three months total exemption in order that the question might receive consideration as to whether arrangements could not be made with the military authorities by which the junior officers might be given military training. The military authorities had now communicated the fact that they considered that no useful purpose would be served by enforcing military training upon these officers of the company. In revision of the former orders the tribunal granted them all total exemption.
The tribunal next considered an application for total exemption on medical grounds of Mr Burnett, in charge of the Cantonment Telegraph Office. He had received partial exemption from the Postmaster General in accordance with the special directions issued by the Government of India under the Act granting partial exemption to a number of Postal and Telegraph employees. The President said that Mr Burnett had been examined by the military medical board and placed in class E, that is, totally unfit for military duties. The tribunal granted him total exemption.
On the application of the Postmaster General, Burma, the tribunal granted total exemption to Mr Ivers and four others, employed at the Diamond Island Wireless Station and to seventeen other employees at other wireless stations. The military authorities did not oppose the grant of total exemption.
At the last sitting Mr A. Grant (52) applied for exemption on the ground that he was over age and he was referred to the Commissioner of Police to have his registration cancelled. The Commissioner now stated that Mr grant had produced documentary evidence that he was over fifty years and the tribunal, therefore, granted total exemption.
H.A. Seymour, Marine Engineer, applied for total exemption on the ground that he was leaving Burma. The tribunal granted the application on condition that he left the province within one month of the date of the order.
M. Hutton applied for total exemption on the ground of ill health. He produced a birth certificate to show that he was within a few days of the age of fifty. The tribunal granted him total exemption.
The Burma Para Rubber Co., applied for total exemption on behalf of Mr A.V. Paul, Engineer in charge of a suction gas plant. His age was thirty ; the tribunal granted him partial exemption.
The President said there was an application from Bulloch Bros., Mergui, on account of Messrs. Samuel, Bateman and Cuthbertson. The first two were engaged in tungsten and the third was employed in shipping the same. The consideration of the application would be adjourned to June 12th in order that the tribunal might become aware of the circumstances in Tavoy, which would probably be similar to those in Mergui.
There was next considered an application of the Chief Secretary to the Burma Government on behalf of Messrs. Innes and Ricketts, Executive Engineers, P.W.D., Tavoy and Hall-Jones of the Temporary Upper Subordinate Department, P.W.D., Tavoy. In his communication he stated that these officers were 35, 32 and 33 years old respectively and were employed on civil work which was essential if the output of wolfram was to be maintained. The work required constant supervision, which would give no time for the three officers to perform their military training. After the rainy season it might be possible to undertake liability for local military service. The Chief Secretary accordingly made the following request: he asked for permanent exemption for the three officers from general service and temporary exemption from liability for local service until October 31st. 1917. The tribunal granted the application in the terms of the prayer.
The application of J.A. Murray, of the Twinzas Oil Fields for total exemption on the ground of ill health was adjourned to June 12th in order that the applicant might produce a medical certificate.
There came up next and application for exemption from general service of J.C. Wilson, Assistant, Bombay Burmah Trading Corpn. The President said that Mr Wilson was not a resident of Burma but was employed by the corporation in their Siamese forests and had entered Burma in order to obtain six months leave of absence and had already left on that leave. As Mr Wilson was not a resident of Burma and the tribunal had no jurisdiction in the matter, no orders were needed.
Mr McDonnell said that there was an application from A.S. Hunton, River Surveyor, Port Trust, who had been classed C by the military medical board. The application asked the tribunal to consider whether the work he was at present engaged on for the Port Trust was not more important that any sedentary military duties he might be called upon to perform. He (Mr McDonnell) was rather inclined to think that was so. The President said the order formerly passed was that Mr Hunton, with other officers of the Port Trust, was to receive one month’s total exemption in order that the military authorities might arrange, if possible, for these officers to perform some military service. No arrangement had yet been made communicated to the tribunal. Mr Hunton had been placed in category C. The tribunal considered that he would probably be of more value to the state in his employment than if he was to perform sedentary duties, and accordingly granted him total exemption.
The President said there was an application of Messrs. Finlay Fleming & Co. for exemption on behalf of Messrs. Fleming and McDonald. They withdrew their application in respect of the former. As regards Mr McDonald the case would be adjourned to June 12th for further evidence of medical fitness or otherwise.
The President said that the next meeting of the tribunal would be on June 12th when there would be heard applications from Tavoy and such other medical and miscellaneous cases as might mature for hearing on that date.
Mandalay
The Mandalay exemption tribunal on Wednesday first granted the application of the resident Manager of the Burma Mines Ltd., Namtu, to postpone consideration of his list till the 25th instant because on account of the late receipt of the list of employees for whom exemption was claimed, Capt. Banks had not been given an opportunity to consider their case.
The next application was from the Indo-Burma Petroleum Co. The Agent of the company Mr A.P. Baxter, was exempted from general service on condition that he underwent general military service and only while he remained in his present post. Exemption on the same conditions was granted to H.S. Cairns, W. Darling, A.R.M. Watmore, J.W. Beveridge and R. Collier. It was also decided that not more than a half of the above should be taken away for training at the camp of exercise at the same time.
Messrs. S. Harrold, J. Calvert and H.E.A. Boden were refused exemption from general service but exemption for three months from 15th May was granted to the last named.
The next application considered was that of the General Manager of the British Burma Petroleum Co. and absolute exemption was granted to A.E. Gibson, J.J. Perry, W.A. Brooke, W.S. Park and G. O’Mara, at Yenangyaung, while they remained in their present station and employ. Messrs. L. Kirk, B.J. Carroll and F.H. Morris were granted exemption from general service while in their present station and employ, provided they do general military training. The applications of Messrs. F.H. Hicks and O’Hearn were rejected.
J.C. Ashe was granted partial exemption from general service for four months from 15th may.
The consideration of the application of C.E. Farrier, P.W.D., Maymyo, was postponed pending receipt of medical certificate.
The application of Messrs. Rowe & Co. on behalf of Mr Singleton, their Manager at Yenangyaung, was withdrawn.
The Rev’d. James H. Telford, missionary at Kengtung, was exempted as a minister of religion.
The application of Mr A.D. Ince of St. Mary’s European School was withdrawn.
The tribunal sat again on Friday with Mr Lucas as non-official member. The President asked whether they should consider the application of B.H. Lovett which had come late. After Mr Lovatt had been called and explained how it was that he had made his application late it was decided to admit the application and consider it after the others had been dealt with.
The first case taken up was that of J.E. McNeil,, Headmaster now of an Anglo-Vernacular School and recently discharged from active service as medically unfit. He was re-examined on the 14th May and put into class E. Mr McNeil was granted permanent exemption.
The next application was from the Surveyor General for India asking for exemption of officers of No. 10 and No. 11 Survey parties in Burma. These officers were J.O. Greiff, M.C. Petters, C.E.C. French and W.G. Jarbo, over 41 ; and Messrs. O.J.H. Hart, T.P. Dewar, C.O. Picard, H.H. V. Creed, A.V. Dickson, under 41. In reply to Capt. Banks, Mr Hart, who appeared for the applicants, said that the two parties would go to Maymyo about the 10th June, No. 10 party recessing there till about the 20th September and No. 11 party till about a month later. Up to their going into recess they could not possibly be spared for training and two of them would have to be looking after the office during recess. They could do their training only after the rains started. The tribunal granted exemption till then and pointed out how during the recess all the officers could do their military training as others now are doing in the shortest possible time.
Mr Guest of Messrs. DeSouza & Co., Maymyo, was not present when his name was called.
The next applicant was Mr Lonsdale, who is under a contract with Government to remove timber from a forest in the Shwebo district, which would afterwards be sent to the Mandalay Forest Depot. He would be 50 next December. He had not been medically examined because he had been out working in the forest and had just come in. He asked for exemption from training because he could not possibly run. Mr Lonsdale was granted total exemption.
Mr Melville, Agent of the Irrawaddy Flotilla Co., Mandalay, appeared on behalf of Capt. Medd, Agent at Bhamo, who asked for exemption from service that took him out of Bhamo, as he was engaged on transport work from which he could not be spared. He was willing to do local service. Capt. Medd is 47 years of age. The application was granted.
The next application was that of Mr Foster, Septic Tank Inspector, who also looked after the dairy farm at Maymyo. Mr Foster was not present but it was decided to consider his application, which said he was 44 years of age ; he had been in the regular army for years, had gone at his own expense when the war broke out to East Africa and had done service there till he was wounded. He was now all right. Capt. Hele held that Mr Fosters, as an old soldier, was just the man they wanted. Capt. Banks opposed the application which was rejected.
E.B. West applied for exemption for six months on the ground that he was unable to do training involving violent physical effort. Mr West said he had been medically examined and place in class A. The tribunal decided that Mr West should go before the medical officer again, showing him the papers he had shown the tribunal and appear before them again on the 1st June.
B.H. Lovett’s application was next considered. He was a timber contractor at Hsipaw for the Burma Mines at Namtu, where he put in his drills. He had three assistants who had been called up. None of them would be able to carry on the business if he were called away for general service. He did not want to be exempted from general training and in the last resort, in case of emergency, would be quite willing to close down his work and go on general service ; but, until such emergency arose, he would ask to be exempted from general service, Capt. Banks advising the applicant to make arrangements to go through his full training in a month at Maymyo.
Defence Force Act - An Exemption Case
The following order was passed on Thursday by J.E. Houldey, Dist. Magistrate, on an application for exemption from military service which was submitted by Mr Faries, on the ground that he was not a European British subject. His Worship said: Capt. Casson, the military representative, said that he agreed that Mr Faries was not by birth a European British subject. The affidavit filed by Mr Faries showed his father and grandfather were born in India. That being so, he would not be a European British subject within the meaning of the code of criminal procedure. Of course, by the mere fact of Registration under Section 2 of the Indian Defence Force Act III of 1917, he became ipso facto a European British subject. Mr Faries said the he registered under a misapprehension as to his liability in the matter. His Worship said he thought it open to question whether a person having claimed to be a European British subject could afterwards, when he found that the disadvantages outweighed the advantages, claim to throw off that status. The fact that Section 9 of the Indian Defence Force Act provided for inquiry as to whether a person was a European British subject or not, seemed to indicate that, even under the Regulation Act he might recoil from that attitude. For until a person had registered he did not become ipso facto a European British subject. Section 9 of the Defence Force Act, presumably allowed him, if good cause was shown, such as a bona fide mistake, to throw off his station and get his registration cancelled. As the military representative did not oppose this particular application his Worship said he should have been prepared to pass an order declaring Mr Faries not to be a European British subject. There was, however a rather important principle involved, namely, the question of limitation, so his Worship did not think that it was desirable for him to lay down a precedent by passing an absolute order in this case until that question has been brought to the notice of the military authorities and they had had time to take any action which might be deemed desirable. It appeared to his Worship that at present, when no period of limitation was fixed for inquiries under Section 9 of the Defence Force Act, any person who had registered and undertaken military obligation under the Act and afterwards found them excessively irksome, might at any time claim that he was not really a European British subject and had registered by mistake and ask to have his registration cancelled and he released from military duties. He (person) might do that after six months military service, he would, his Worship thought, be entitled to put forward the same requests as the present applicant. His Worship, therefore, thought that Section 9 of the Indian Defence Force Act, ought to be amended, so as to prevent persons who had registered under the act from coming forward long afterwards and saying that they were not European British subject. This point of limitation, his Worship thought, was one worth considering, and so, at the suggestion of Capt, Casson, he would abstain for the moment from passing any order which, taken as a precedent, might lead to an undesirable situation. He adjourned the case sine die.
On Monday 14th the exemption tribunal, President, Mr Smyth, military member Capt. Hele, Borders, W.B. Webber, Burma Railways civilian member and Capt. Banks, Borders and Adjutant Upper Burma Rifle Corps, Mandalay, representing the General Officer Commanding, considered applications from the Burma Oil Co. on account of 81 of their employees. Mr W. S. Lamb, Agent of the Burma Oil Co. at Nyaunghla appeared for the applicants. The case of each employee for whom exemption was asked was considered separately with the following result:- Dr. A. B. Bull was exempted from general service. C. Sharp, was totally exempted being medically unfit, as was D. McIntyre. R. Thomson was exempted from general service as long as he remained in his present employ at Singu and so were Messrs. J. Scott, H.H.D. Jones, H.H. Hobbs, L. Fenn, C. Fenn, J. Dotterer, F.H. Rogers, J.D. Reep, J.K. Porter, J. Seiple, M.T.M. Ross, Yenangyat. Messrs. J. McDonald, J.D. Patterson, H. Rainford, W.A. Forster, W.L. Ashe, W.E. Brown, all of Yenangyat, were similarly exempted from general service. P. Brunt, and J.R. Grove of Minbu were exempted from general service on similar conditions. W. Gillies, A.H. Skerritt and P.R. Young at Minbu were totally exempted while remaining in their present employ. W.S. Lamb was exempted from general service and so were G.D. Forrester, D.R. Meikle, H. Cowan, M.A.H. Donald, G.K. Richardson, H.H. Sale, R.S. McWhinnie, W. G. Macfarlane, T. Howel, P. Baillie, A.H. Buchan, H. Clive, H.B. Meaton, T. Unchin, E.O. Weller, G.C. Cooke, E. Casserly.
N. McEachran was exempted from general service while remaining in his present employment at Yenangyaung, as were J.H. Flett, E. Josh, T. Josh, Mr Eaglesham and Mr Tracey. Mr H.S. Malott, over 41, will have to undergo preliminary training in six months and so will Messrs. F. Wade, W. Christner, T.J. Poore and T.M. McCort. J.H. Goal was exempted from general service on condition that he underwent full general training.
The applications of Messrs. T. B. Wood, A.G.A. Stirling, B. Lentaigne, C. Vaughan, O. Tindall, M. Grieve, A. Lloyd, P. Evans, C.A. Phillips. E. Proctor, A.T. Buchanan, H.M. Fitzgerald, D. Girsham, C.F. Coombes, W.T. Hawkins, W. Beards and S.W. Madden were rejected.
The application of C.D. McGee, Allanmyo, was returned.
Yesterday there was held the second sitting of the exemption tribunal which was composed as before except that Mr Watson of the Irrawaddy Match Factory sat as civil member.
The first applicant was F.I. Vokes, Stewart of Government House, whose application for exemption from general service was backed by the Lt.-Governor, who has recently had two changes on his staff so that only Mr Vokes among these acquainted with the running of Government House establishment remained. Mr Vokes said he was formerly of the Viceroy’s band and a volunteer. The tribunal granted him exemption from general service and said he would have to do his preliminary training from May 1st, the training having to be one in two consecutive months.
The next application for exemption from general service for Mr Lionel Breadon was presented by his father, pensioned telegraph master, who said that he had no one to look after him and his orchard, two stations out of Maymyo, but his son, he being a widower in bad health. He had four other sons two of them in the Burma Police. Capt. Hele pointed out that they would as police offices, be exempted, exemption was granted up to August 15th.
An application presented by Mr Kirkpatrick on behalf of his son W. H. Kirkpatrick, a 9th standard student aged 18, on the ground that to take him away for military service would prevent his continuing his studies and affect his future prospects, was rejected.
The application of Steel Bros., Rangoon, for exemption from general military service for W.T. Liddell, of their Mandalay branch, was next considered. The work of the firm here wanted constant supervision by a European manager. Mr Layard was in charge of the forest business and was not in a position to do Mr Liddell’s work as well as his own, though the latter could look after Mr Layard’s office work. Capt. Hele said Mr Liddell was a volunteer officer and as such could not be exempted. The application was rejected.
Mr Burbidge, Manager of the local Electric Tramways and Lighting Co. applied for exemption from general service on behalf of six members of his staff, pointing out that it was indispensable that each of them should be continuously in charge of his section and could not be replaced and that the public services performed by the company in street and house lighting, road watering and pumping for water supply would be seriously dislocated if his staff was diminished. He added that Mr Chase would have to take charge as well of his (Mr Burbidge’s) duties as Manager and Engineer in the latter’s absence and was the only one besides himself authorises to sign cheques. Two of the company’s staff had already joined the I.A.R.O. (Mr Burbidge referred to Messrs. Alderman and Eillourt.) Capt. Banks pointed out that of those whom exemption was asked, three, Messrs. Turnbull, Kolb and Phipps had been placed medically in class F. and their case need not be considered. Mr Taylor was in class C and could be given exemption from general service. The cases only of Mr Chase and Mr Boywer need to be considered. After further discussion it was decided to reject the application of Mr Boywer and grant exemption from general service to Mr Chase on the condition that he went through the full general service training.
Very little time was taken in considering the case of J.C. Melville, local Agent of the Irrawaddy Flotilla Co. who was granted exemption from general service training on the same condition as Mr Chase (who, by the way, and Mr Taylor are exempted only as long as they are employed in their present capacity.)
Mr Lucas of Messrs. E. Dyer & Co. asked for exemption from general service on behalf of G. Meadon, 40, in charge of the coffee shop and regimental institute at Maymyo and Mr Morris, their Engineer at the brewery, where they must keep a man of his professional attainments. With regard to the former, exemption was granted unconditionally ; but Mr Morris, 31, was granted exemption from general service provided he did full general service training and remained in his present employment.
The application of Mr Laidlaw, Manager of the National Bank branch here, on behalf of Mr Rodgers, his Chief Assistant, was rejected. Mr Laidlaw pointed out that Mr Rodgers, who had been in the bank since 1895 and knew the business thoroughly and the several languages of local business clients was practically indispensable for the proper carrying out of the banks work ; but the tribunal pointed out that in all cases where there were two men in charge they had exempted only one and they would not make a difference in this case.
George Apcar of Apcar & Bros. asked for exemption from general service on the ground that he was practically in sole charge as his brother, 47, who was with him could not on account of is health carry on the work. The consideration of the application ws postponed for a month until his brother had been medically examined.
Dr. Peacock, in medical charge of the St. John’s Leper Asylum, with 300 patients and an out-door dispensary was granted exemption from general service on the condition that he did his preliminary training in six months.
Mr Guinness, 40, Superintendent of the Mandalay Fire Brigade was granted total exemption as long as he remains in his present post.
Mr Brown, Manager of Messrs. MacKenzie’s branch here, applied for exemption from general service. Capt. Banks admitted that it would not do to have the business closed down for want of someone to take Mr Brown’s place if called away for service, as the business was of local national importance in case of emergency, also that Mr Brown had been medically put in class C, but said he should be exempted from general service only on condition of his putting in full general service training.
Mr Wakefield asked to withdraw two applications for exemption that had been put in for Mr Wright, Messrs. Whiteaway’s, Maymyo Manager, and Mr Moore at Yenangyaung.
Rangoon
Wednesday was the eighth sitting of the Rangoon exemption tribunal in the office of the joint Secretary to Government, P.W.D., Secretariat buildings, Dalhousie St. The tribunal comprised J.P. Hardiman, President, Major C.J.K. Pollard, Military member and R.G. Nicoll, the non-official member. T.F.R. McDonnell represented the military authorities. The President said that the order in which the day’s proceedings would be conducted would be as follows:- 1. The railways, 2. Medical, 3. Rubber, 4. Applications from Akyab and 5. Some miscellaneous applications.
The first application he aid was that of the Burma Railways Co. for partial exemption of 325 of their employees. He should like to have the views of the military representative. Mr McDonnell said his instructions were that the Adjutant-General had ordered that total exemptions from general service asked for by heads of railway administration should be granted. In the present case the exemptions were form general service and as far as he was concerned he agreed to that. The President: The railway wrote asking for permanent exemption from general military service. What does that mean?
Mr McDonnell: That means ordinary local service. The President: Would it satisfy or fall in with the views of the military representative if they were granted partial exemption? Mr McDonnell: Yes. I am only arranging to agree to partial exemption from general service. The President said that the tribunal would grant partial exemption to the applicants.
There were quite a number of applications considered in which applicants put forward medical grounds for exemption from the tribunal. The first was that of Messrs. A. Scott & Co. on behalf of one or two of their firm for revision. The original order was that Mr Livingston was to be granted partial exemption and Mr McIntyre to be granted no exemption. The form now asked that those orders be revised and that Mr McIntyre be granted partial exemption and Mr Livingstone be granted no exemption. The firm stated that both gentlemen were in the highest medical category and the military representative had no objection to the substitution, which the tribunal granted.
The application of Mr MacGregor of Messrs. A. Scott & Co. on medical grounds was adjourned for a week.
The application of G.W. Dobson and Mr Hockey of the Rangoon Electric Tramway and Supply Co. were adjourned for a week to enable them to get their medical certificates. Mr Dobson said he was placed in class C. (fit for sedentary duties) and Mr Hockey in class F. (totally unfit for military service.)
The President said that the military authorities had examined Mr Sharrock of the Rangoon Electric Tramway and Supply Co. and placed him in class C. Having regard to the importance of his duties and the fact that in case of emergency his services might be necessary the tribunal decided to give him total exemption.
The application of W.H. Barton, proprietor and editor of the Times of Burma, Burma Sunday Times and other papers was next considered. Mr McDonnell: Have you been examined Mr Barton?
Mr Barton: I have not.
Q ; Why not? - I declined the last time to go before a military medical board.
Mr McDonnell: Well, I ask the tribunal to pass orders as Mr Barton agreed to abide by its decision.
Mr Barton: I may state on the authority of the Brigade Major that no one can be compelled to go before the military medical board.
Mr McDonnell: That is so. It is left to you to go.
Mr Barton: I’ll withdraw my application for exemption on the ground of physical unfitness.
Mr McDonnell: I ask the tribunal to give its decision on the first application.
The President: That is, on the ground of business.
Mr Barton: No, on the ground that I cannot be spared. In Calcutta, I may say, all the newspaper editors had applied for exemption and some were exempted.
Mr McDonnell enquired if the business of newspapers in Burma was of national importance.
Mr Barton: Decidedly. The general public would not know anything of what was going on if we had no newspapers here.
The President: I think you are the only editor here who has applied for exemption.
Mr Barton: Probably, I can say, the other newspaper editors are over fifty years of age.
Mr McDonnell said he could inform the tribunal that the editors of the Rangoon Gazette and the Rangoon Times were both under fifty and were both on parade on Tuesday evening.
Mr Barton said if the editor of either of the two papers was called up, there were three or four assistants to take up his duties, whereas if he were called up he had no one to step into his position and he would be compelled to cease publication of his papers. He had over one hundred men on the staff and in that event it would be a hardship not only to himself but also to them. There was no comparison to be made between his position and that of the other papers.
Mr McDonnell said all that had been urged before. He suggested that there was nothing to justify the tribunal in going behind its decision.
Mr Barton said that application was not then before the tribunal. He had withdrawn it. He further respectfully submitted that it was not within the province of the tribunal to order him to go before the military medical board.
The President said that the order of the tribunal was that the application should stand over until May 16th to enable Mr Barton to present himself before the military medical board.
Mr Barton said that he received an order from the military representative dated May 13th on the Monday following, directing him to attend before the military medical board. The notice signed by the President of the tribunal referred to his application for total exemption on the ground of ill health. He did not move the tribunal on the ground of ill health solely. His main ground was that is business would have to close. He did not mind doing what he could ; but he thought it would be a very great hardship to him if he were not exempted. He might add that the President of the Calcutta tribunal announced in the course of the hearing of an application for exemption that if an applicant felt he would not get protection from the selection committee it was this duty of the President of the tribunal to assist him in the matter. He did not wish to dwell further on the point but reiterated the statement that it would be a great hardship. The President said he would pass orders later. Mr Barton then handed in to the President an extract from the Sunday Times, dated May 6th in which it was stated that Mr McDonnell at the tribunal sitting had asked if newspapers were of national importance. Mr Lloyd George in his speech in London had emphasised the value of newspapers in their national effort. At a meeting in February in London, Lord Burnham said: “The newspaper is as much a part of the national machinery for waging the war as any government department high or low.”
Later orders were passed by the tribunal as follows: The application of Mr Barton, editor of some newspapers, for exemption on the ground that he cannot be spared from his business and if he were called upon to do military service, his business would have to come to an end. The tribunal is of opinion that Mr Barton’s business cannot be considered as one of national interest and therefore regrets that it cannot accept his application, which is rejected. The tribunal thinks it is a case which should go before the selection committee in due course. Mr McDonnell: The selection committee only deal with cases of men under 41 years of age who are called upon for active service.
The President: In all cases of over 41? Mr McDonnell: No. Mr Barton, I think, will have to serve at the discretion of the commanding officer.
The President said that the military representative pointed out that applicants of over 41 years of age did not come before the selection committee. The tribunal did not know whether that was the case or not. If that were the case, Mr Barton would have to abide by the decision of the military authorities. If that were not the case, then he would have to abide by the decision of the tribunal.
The next was an application of Mr Tomlinson for exemption on medical grounds. The applicant was on leave in India and the President had received a telegram to the effect that he had appeared before a medical board and been placed in class D. The application was adjourned for one month in order that the applicant’s medical certificate might be considered by the select committee.
Mr Jordan said he had been examined by the military medical board and placed in class B (fit for military service.) He pointed out to the tribunal that he had also applied for exemption on the ground that he was not a European British subject. He was an Armenian. Mr McDonnell: But claims have been made by your community that they were European British subjects. I ask that the matter be referred to the District Magistrate. The President passed order directing Mr Jordan to appear before the District Magistrate, who would hold an inquiry as to his nationality.
The application of F.W. Martin, Acting Senior Superintendent of Excise, was next considered by Major Pollard and Mr Nichol in the absence of the President under whom the applicant was employed. As the applicant was now fifty years of age and his health was not very good, the tribunal granted him total exemption.
Mr Rebello and Mr Jackson, Manager of the Pasteur Institute, who have been declared by the military medical board to be unfit for military service have both been granted total exemption.
Mr Anthony of 40 Morton St. having been examined by the military medical board, had been put in class B. The applicant told the tribunal that he had signed the registration form through misunderstanding and fright. Besides his grandfather was not a European British born subject. He had been a volunteer for three years. The President said that the applicant applied for exemption on various grounds namely, bad eyesight weakness of the right knee, kidney trouble, weak legs, inability to stand hard exercise and rheumatism. Mr Anthony having agreed to abide by the decision of the medical board, who said he was fit for military service, the tribunal rejected his application.
The application of Mr R.E. Minus was adjourned for a week to enable the tribunal to get his medical certificate.
Mr Williams, Master Mariner, applied for exemption on the ground of ill health. He was examined by the military medical board and placed in class D, that was to say to report himself to them after six months. The tribunal granted him total exemption for six months. If he was in Rangoon at the end of that period he must come up again.
Mr Pearley, who was also placed in class D, was granted total exemption for the same period.
The applications of the following who have been examined and whose medical certificates have not reached the tribunal were adjourned for a week: Mr Scoggins of Messrs. Thomas Cook & Son, Messrs. B. White, L. Dawson, H. Davis, O’Leary, Winton, Quinlivan, Stork, J. Paul, J. Howard and D.M. Bruce.
In the case of Mr Stephenson of Messrs. Coombes & Co. who was placed by the military medical board in class C, Mr McDonnell suggested to the tribunal that no orders be passed. The President said the Mr Stephenson was found to be fit for sedentary work by the military authorities and the tribunal must reject his application. If the military wanted him for sedentary duties, he must go.
G.R. Allison was placed in class E by the military medical board and the tribunal, therefore, granted him total exemption. Mr J.F. Gamble and Mr Deetjen were placed in class E and were also totally exempted.
Mr Palmgren of the New Amherst Rubber Estate, was granted partial exemption.
The Shwegyin Rubber Estate applied for partial exemption for Messrs. Fellaway, Ransom, Gilbanks, St. John and Anderson, aged respectively 37, 32, 28, 27 and 29. The President said the principle followed by the tribunal in the case of staffs of runner estates had been to give the Manager partial exemption and no concession to the junior officers and that principle they would follow in this case. The Manager was granted partial exemption, while the application in respect of the other four was refused.
The tribunal granted partial exemption to Mr Dickie, Manager of Bulloch Bros., Akyab, and the application on behalf of Messrs. McEwen and Green of the firm was withdrawn.
In the application for total exemption of Mr Lees, Agent at Akyab of the Bank of Bengal, Mr McDonnell objected to the applicant being exempted from local service. The tribunal granted partial exemption.
The tribunal granted the application for partial exemption of Mr Gaudie, Manager of the Arracan Flotilla Co. It also granted their amended application for the total exemption of Mr Donnithorne, engineer and partial exemption of Mr Gardiner, both of whom were engaged in work relating to the carrying of Government mails at Akyab. Partial exemption was granted to Mr Faure, Engineer of the same firm’s rice mill.
There was next considered an application by Steel Bros. for temporary exemption for Messrs. Moylan, Baker, Martin and Gardiner, employed on the staff of their rice mill at Akyab. The company later revised their application into partial exemption for Mr Moylan, Manager at Akyab and partial exemption for Mr Gardiner, Engineer. They withdrew their application for Messrs. Barker and Martin. The tribunal granted Mr Gardiner partial exemption. As regards Mr Moylan, he would be shortly transferred to Rangoon, where he would be liable to general military service. But later, if Mr Moylan should return to Akyab it would be open to the company to make another application.
The application of Messrs. Whiteaway Laidlaw & Co. on behalf of Mr Sweitzer, Manager at Akyab, was rejected.
The tribunal granted C.H. Mackay of Messrs. Burn & Co. partial exemption.
Mr Halkerston, late of the Irrawaddy Flotilla Co. was granted total exemption on condition that he left Burma within one month from date.
The application of Mr Andrews of the Po Sein Opera Co. for exemption was rejected.
The President said that Rev’d. E.H. Cox had applied for exemption under misapprehension, since he was a priest in holy orders. The tribunal said that Mr Cox did not come within the operation of the Act, and, therefore, no orders on his application were needed.
Mr Watson, Chief Civil Master Armourer of the Burma Division, was granted total exemption.
The President said that Mr Grant of Barr Street had applied for exemption on the ground that he was over age. The tribunal had his application adjourned in order to move the registration authority to cancel his registration. There was no further information on the file about Mr Grant and the tribunal consequently rejected his application.
A.V. Joseph of Messrs. Joseph & Co. applied for exemption on behalf of Messrs. Cowsley and Bateman, who were over 41 years of age. The application was rejected.
Messrs. T.D. Finlay & Sons of Moulmein, applied for total exemption on behalf of Mr Harris, in charge of their forests in Papun, and Mr Fressanges, in charge of their forests in Nyaunglebin. As regards Mr Harris, total exemption was granted for six months, after which his case would come up for revision when he might be in some place more accessible than Papun was. The application of Mr Fressanges was ejected, the tribunal suggesting that the firm should make arrangements for his training similar to those made by other timber working firms.
The President said that there was an application for revision of the tribunal’s order in the case of H.J.R. Calder, of the China Mutual Life Insurance Co. In the original application Mr Calder asked for partial exemption, which was not granted. He now represented that his business was of considerable magnitude and that he should be therefore granted partial exemption. The case was decided by a tribunal consisting of Major Pollard, Mr Buchanan and himself. Mr Buchanan was not present when the application was decided because he himself was interested in insurance business. Two members, Major Pollard and himself (President) had reconsidered the case and saw no reason to alter the orders originally passed.
The next meeting the President said, would be at the same time and place on May 23rd. The name of the non-official member had not yet been settled. The tribunal would, the President added, like to take this opportunity of expressing its thanks to the Public Works Dept. for the use of the room and furniture and Mr Raikes for fitting the room, in which the sittings were held, with new fans which greatly added to the comfort of the public, press and the tribunal.
Rangoon
The Rangoon exemption tribunal on Wednesday resumed its sitting at the office of the P.W.D. Secretariat. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, R.A. and Mr J.A. Swan, the non-official member. T.F.R. McDonnell appeared as representative of the military authorities.
The President announced the following order in which application would be taken up: 1. Medical ; 2. Irrawaddy Flotilla Co. ; 3. Post and telegraphs ; 4. Miscellaneous and then, as the respective non-official members came in, the cases on revision, in order that they might get away as soon as possible.
The following who have been placed by the military medical board in class E have been totally exempted by the tribunal from military service: R.E. Minus, F.M. Quinlivan, B. White, J.B. Forrester and H. Hockey.
Mr Gibbon, on behalf of the London Rangoon Trading Co. applied for revision of the decision of the tribunal in the case of their Asst. Manager, Mr Richards, who applied for partial exemption on the previous occasion and had been refused. Mr McDonnell said he thought he was bound to ask for instructions as to whether he was to oppose the application or to ask the tribunal to allow the matter to stand over until he got instructions. His instructions, he thought would be in any case to oppose the application. Mr Richards was a volunteer officer and the tribunal knew the rules regarding exemption being granted to volunteer officers.
The President enquired of Mr Gibbon if he had any fresh grounds in his application for revision. Mr Gibbon said he had and desired the tribunal to hear his grounds in private. The President, Major Pollard and Mr Trench, who was the non-official member for this application, then retired to consider the application. On their return the President passed orders as follows: This is an application by the London Rangoon Trading Co. for revision of the tribunal’s earlier order, regarding Mr Richards for whom originally the firm had asked for partial exemption and who had not received that exemption because he was a volunteer officer. At the same time the tribunal realises that the firm are conducting a work of national importance and granted them what they did not ask for, namely, permanent exemption for Mr Gibbon.
The firm come up now on revision with alternative requests. The first request is that Mr Richard should receive partial exemption. The tribunal have taken this matter into careful consideration, not only in their deliberations a few minutes ago, but also in the interval after receipt of the application for revision and in view of the fact that Mr Richards is a volunteer, is comparatively young and has been placed by the military medial authorities in class A, they regret they cannot see their way to alter their decision.
The other request now made is that Mr Gibbon’s total exemption should be cancelled and that he receive partial exemption. Mr Gibbon is very anxious to do his military training. With that point of view the tribunal is glad to sympathise with him and they are happy to cancel the previous order in Mr Gibbon’s case and make him liable to local military service.
The next was an application of Mr Haines for revision of the tribunal order. Mr Haines is in charge of the Shipping and Insurance business of Mr Lim chin Tsong.
The President: Is there anything in your work that necessitates European supervision? - Yes ; European supervision is needed.
Mr McDonnell: I suggest that it will be quite possible to train another man in the next three months? - I should say no.
Q : There are Chinamen who run wolfram concessions and run them without European supervision? – I do not know about that.
Q : Cheng Hong has a wolfram concession? – He has sold the concession, I think.
Q : Had he a European Manager or Engineer? – I do not know personally.
The President: What branch of the business of Mr Lim Chin Tsong do you supervise? – The wolfram and the whole of the shipping.
Q : You carry on an insurance business with Government? – Yes, we take war risks.
The President in disposing of the matter said that the original application was for partial exemption of Mr Haines, which the tribunal had rejected. The applicant now pointed out that Mr Haines’s presence in Rangoon was indispensable to the successful working of his shipping and wolfram business. Mr Haines was 37 years of age and had been placed in category B by the medical board. The tribunal felt some doubt whether difficulties in connection with the shipping business were so great as to justify their granting a concession to Mr Haines. In view of the fact, however, that the firm was exporting tungsten, the tribunal granted Mr Haines partial exemption.
The next was an application for revision of the order on Messrs. G. Atherton & Co. application on behalf of G. Meyer for exemption. The non-official member who considered the application was Mr Blackstock and with the concurrence of that official, the tribunal could not see its way to granting the application.
Mr Cotterell applied for revision of the tribunal’s orders in his case. He was liable to general military service and had applied for total exemption, which the tribunal was unable to grant. Mr Cotterell now wrote to say that he had presented himself before the military medical board, but the tribunal had not yet received his certificate. The case was accordingly adjourned to June 12th.
Messrs. Thomas cook & Sons had applied for total exemption on behalf of Mr Scoggins, who had agreed to abide by the medical certificate of the medical authorities. They now placed him in class D, that was to say, he was put back for six months. The tribunal granted him total exemption for six months, after which his case would come up again before them.
Messrs. Stewart Raeburn & Co who applied for partial exemption for Mr Howard and had agreed later to abide by the decision of the medical authorities, now reported that Mr Howard had been placed in category C, that was, fit for sedentary duties. The tribunal therefore, rejected the application, the President remarking that if the military authorities wanted Mr Howard for sedentary duties they must take him.
In the case of G.W. Dobson, of the Rangoon Electric Tramway and Supply Co., who had been classed C by the military medical board, the tribunal passed orders similar to those in the other cases of the Tramway Company’s employees. They granted total exemption to Mr Dobson in view of the fact that in case of any emergency it would be necessary for him to be not only on the spot at the power station, but also probably on military guard duty. The tribunal considered that he would be of more service in his official capacity than if he were on sedentary military duties.
J.C. Carron was placed in class D by the military medical board and the tribunal totally exempted him for six months, after which his case would come up again.
F.A. Malcolm and C. Winton of Messrs. Chas. Cowie & Co., having both been classed A by the military medical board, the tribunal rejected their applications for total exemption.
C.F. Sharrock of the Rangoon Electric Tramway & Supply Co., who agreed to abide by the decision of the military medical board had been placed in class C. In view of Mr Sharrock’s appointment being one of Assistant Engineer, the tribunal granted him total exemption, although he had been declared fit for sedentary duties.
The applications of the following were adjourned till June 12th, the military medical certificates in their cases not having reached the tribunal ; H. Davies and J. O’Leary of the British Burma Petroleum Co. ; D.M. Bruce of Messrs. Walker & Whyte ; J.B. Sutherland of Moulmein ; G. Neilson of Messrs. Binning & Co. ; A. Nicholas, Head Clerk of the office of the Superintending Engineer, Pegu Circle ; A. Dutt, American Consulate’s Office.
A.D. McGregor of Messrs. A. Scott & Co. was granted total exemption for six months as the military medical board had placed him in category D. His case would come up again after that time.
Mr D’Castro, Clerk in the office of the Inspector-General, Civil Hospitals, applied for total exemption on medical grounds. The Inspector-General of Civil Hospitals furnished the tribunal with a copy of a certificate from the staff Captain for Registration, Maymyo, which stated that the applicant had been exempted from military service absolutely. The tribunal accepted the certificate and granted Mr D’Castro total exemption.
Mr Stork of Messrs Stork & Co., having been placed in category C, as being fit for sedentary military duties, the tribunal rejected his application for total exemption on medical grounds.
The tribunal considered an application of the Irrawaddy Flotilla Co. for total exemption on behalf of the navigating and engineering staff of their fleet, comprising altogether 184 officers. Mr McDonnell said his instructions from the General Officer Commanding were that no useful purpose would be served by enforcing military training upon those officers and he asked that they be given total exemption. The President said that the original order was that those officers should be granted three months total exemption in order that the question might receive consideration as to whether arrangements could not be made with the military authorities by which the junior officers might be given military training. The military authorities had now communicated the fact that they considered that no useful purpose would be served by enforcing military training upon these officers of the company. In revision of the former orders the tribunal granted them all total exemption.
The tribunal next considered an application for total exemption on medical grounds of Mr Burnett, in charge of the Cantonment Telegraph Office. He had received partial exemption from the Postmaster General in accordance with the special directions issued by the Government of India under the Act granting partial exemption to a number of Postal and Telegraph employees. The President said that Mr Burnett had been examined by the military medical board and placed in class E, that is, totally unfit for military duties. The tribunal granted him total exemption.
On the application of the Postmaster General, Burma, the tribunal granted total exemption to Mr Ivers and four others, employed at the Diamond Island Wireless Station and to seventeen other employees at other wireless stations. The military authorities did not oppose the grant of total exemption.
At the last sitting Mr A. Grant (52) applied for exemption on the ground that he was over age and he was referred to the Commissioner of Police to have his registration cancelled. The Commissioner now stated that Mr grant had produced documentary evidence that he was over fifty years and the tribunal, therefore, granted total exemption.
H.A. Seymour, Marine Engineer, applied for total exemption on the ground that he was leaving Burma. The tribunal granted the application on condition that he left the province within one month of the date of the order.
M. Hutton applied for total exemption on the ground of ill health. He produced a birth certificate to show that he was within a few days of the age of fifty. The tribunal granted him total exemption.
The Burma Para Rubber Co., applied for total exemption on behalf of Mr A.V. Paul, Engineer in charge of a suction gas plant. His age was thirty ; the tribunal granted him partial exemption.
The President said there was an application from Bulloch Bros., Mergui, on account of Messrs. Samuel, Bateman and Cuthbertson. The first two were engaged in tungsten and the third was employed in shipping the same. The consideration of the application would be adjourned to June 12th in order that the tribunal might become aware of the circumstances in Tavoy, which would probably be similar to those in Mergui.
There was next considered an application of the Chief Secretary to the Burma Government on behalf of Messrs. Innes and Ricketts, Executive Engineers, P.W.D., Tavoy and Hall-Jones of the Temporary Upper Subordinate Department, P.W.D., Tavoy. In his communication he stated that these officers were 35, 32 and 33 years old respectively and were employed on civil work which was essential if the output of wolfram was to be maintained. The work required constant supervision, which would give no time for the three officers to perform their military training. After the rainy season it might be possible to undertake liability for local military service. The Chief Secretary accordingly made the following request: he asked for permanent exemption for the three officers from general service and temporary exemption from liability for local service until October 31st. 1917. The tribunal granted the application in the terms of the prayer.
The application of J.A. Murray, of the Twinzas Oil Fields for total exemption on the ground of ill health was adjourned to June 12th in order that the applicant might produce a medical certificate.
There came up next and application for exemption from general service of J.C. Wilson, Assistant, Bombay Burmah Trading Corpn. The President said that Mr Wilson was not a resident of Burma but was employed by the corporation in their Siamese forests and had entered Burma in order to obtain six months leave of absence and had already left on that leave. As Mr Wilson was not a resident of Burma and the tribunal had no jurisdiction in the matter, no orders were needed.
Mr McDonnell said that there was an application from A.S. Hunton, River Surveyor, Port Trust, who had been classed C by the military medical board. The application asked the tribunal to consider whether the work he was at present engaged on for the Port Trust was not more important that any sedentary military duties he might be called upon to perform. He (Mr McDonnell) was rather inclined to think that was so. The President said the order formerly passed was that Mr Hunton, with other officers of the Port Trust, was to receive one month’s total exemption in order that the military authorities might arrange, if possible, for these officers to perform some military service. No arrangement had yet been made communicated to the tribunal. Mr Hunton had been placed in category C. The tribunal considered that he would probably be of more value to the state in his employment than if he was to perform sedentary duties, and accordingly granted him total exemption.
The President said there was an application of Messrs. Finlay Fleming & Co. for exemption on behalf of Messrs. Fleming and McDonald. They withdrew their application in respect of the former. As regards Mr McDonald the case would be adjourned to June 12th for further evidence of medical fitness or otherwise.
The President said that the next meeting of the tribunal would be on June 12th when there would be heard applications from Tavoy and such other medical and miscellaneous cases as might mature for hearing on that date.
Mandalay
The Mandalay exemption tribunal on Wednesday first granted the application of the resident Manager of the Burma Mines Ltd., Namtu, to postpone consideration of his list till the 25th instant because on account of the late receipt of the list of employees for whom exemption was claimed, Capt. Banks had not been given an opportunity to consider their case.
The next application was from the Indo-Burma Petroleum Co. The Agent of the company Mr A.P. Baxter, was exempted from general service on condition that he underwent general military service and only while he remained in his present post. Exemption on the same conditions was granted to H.S. Cairns, W. Darling, A.R.M. Watmore, J.W. Beveridge and R. Collier. It was also decided that not more than a half of the above should be taken away for training at the camp of exercise at the same time.
Messrs. S. Harrold, J. Calvert and H.E.A. Boden were refused exemption from general service but exemption for three months from 15th May was granted to the last named.
The next application considered was that of the General Manager of the British Burma Petroleum Co. and absolute exemption was granted to A.E. Gibson, J.J. Perry, W.A. Brooke, W.S. Park and G. O’Mara, at Yenangyaung, while they remained in their present station and employ. Messrs. L. Kirk, B.J. Carroll and F.H. Morris were granted exemption from general service while in their present station and employ, provided they do general military training. The applications of Messrs. F.H. Hicks and O’Hearn were rejected.
J.C. Ashe was granted partial exemption from general service for four months from 15th may.
The consideration of the application of C.E. Farrier, P.W.D., Maymyo, was postponed pending receipt of medical certificate.
The application of Messrs. Rowe & Co. on behalf of Mr Singleton, their Manager at Yenangyaung, was withdrawn.
The Rev’d. James H. Telford, missionary at Kengtung, was exempted as a minister of religion.
The application of Mr A.D. Ince of St. Mary’s European School was withdrawn.
The tribunal sat again on Friday with Mr Lucas as non-official member. The President asked whether they should consider the application of B.H. Lovett which had come late. After Mr Lovatt had been called and explained how it was that he had made his application late it was decided to admit the application and consider it after the others had been dealt with.
The first case taken up was that of J.E. McNeil,, Headmaster now of an Anglo-Vernacular School and recently discharged from active service as medically unfit. He was re-examined on the 14th May and put into class E. Mr McNeil was granted permanent exemption.
The next application was from the Surveyor General for India asking for exemption of officers of No. 10 and No. 11 Survey parties in Burma. These officers were J.O. Greiff, M.C. Petters, C.E.C. French and W.G. Jarbo, over 41 ; and Messrs. O.J.H. Hart, T.P. Dewar, C.O. Picard, H.H. V. Creed, A.V. Dickson, under 41. In reply to Capt. Banks, Mr Hart, who appeared for the applicants, said that the two parties would go to Maymyo about the 10th June, No. 10 party recessing there till about the 20th September and No. 11 party till about a month later. Up to their going into recess they could not possibly be spared for training and two of them would have to be looking after the office during recess. They could do their training only after the rains started. The tribunal granted exemption till then and pointed out how during the recess all the officers could do their military training as others now are doing in the shortest possible time.
Mr Guest of Messrs. DeSouza & Co., Maymyo, was not present when his name was called.
The next applicant was Mr Lonsdale, who is under a contract with Government to remove timber from a forest in the Shwebo district, which would afterwards be sent to the Mandalay Forest Depot. He would be 50 next December. He had not been medically examined because he had been out working in the forest and had just come in. He asked for exemption from training because he could not possibly run. Mr Lonsdale was granted total exemption.
Mr Melville, Agent of the Irrawaddy Flotilla Co., Mandalay, appeared on behalf of Capt. Medd, Agent at Bhamo, who asked for exemption from service that took him out of Bhamo, as he was engaged on transport work from which he could not be spared. He was willing to do local service. Capt. Medd is 47 years of age. The application was granted.
The next application was that of Mr Foster, Septic Tank Inspector, who also looked after the dairy farm at Maymyo. Mr Foster was not present but it was decided to consider his application, which said he was 44 years of age ; he had been in the regular army for years, had gone at his own expense when the war broke out to East Africa and had done service there till he was wounded. He was now all right. Capt. Hele held that Mr Fosters, as an old soldier, was just the man they wanted. Capt. Banks opposed the application which was rejected.
E.B. West applied for exemption for six months on the ground that he was unable to do training involving violent physical effort. Mr West said he had been medically examined and place in class A. The tribunal decided that Mr West should go before the medical officer again, showing him the papers he had shown the tribunal and appear before them again on the 1st June.
B.H. Lovett’s application was next considered. He was a timber contractor at Hsipaw for the Burma Mines at Namtu, where he put in his drills. He had three assistants who had been called up. None of them would be able to carry on the business if he were called away for general service. He did not want to be exempted from general training and in the last resort, in case of emergency, would be quite willing to close down his work and go on general service ; but, until such emergency arose, he would ask to be exempted from general service, Capt. Banks advising the applicant to make arrangements to go through his full training in a month at Maymyo.
Defence Force Act - An Exemption Case
The following order was passed on Thursday by J.E. Houldey, Dist. Magistrate, on an application for exemption from military service which was submitted by Mr Faries, on the ground that he was not a European British subject. His Worship said: Capt. Casson, the military representative, said that he agreed that Mr Faries was not by birth a European British subject. The affidavit filed by Mr Faries showed his father and grandfather were born in India. That being so, he would not be a European British subject within the meaning of the code of criminal procedure. Of course, by the mere fact of Registration under Section 2 of the Indian Defence Force Act III of 1917, he became ipso facto a European British subject. Mr Faries said the he registered under a misapprehension as to his liability in the matter. His Worship said he thought it open to question whether a person having claimed to be a European British subject could afterwards, when he found that the disadvantages outweighed the advantages, claim to throw off that status. The fact that Section 9 of the Indian Defence Force Act provided for inquiry as to whether a person was a European British subject or not, seemed to indicate that, even under the Regulation Act he might recoil from that attitude. For until a person had registered he did not become ipso facto a European British subject. Section 9 of the Defence Force Act, presumably allowed him, if good cause was shown, such as a bona fide mistake, to throw off his station and get his registration cancelled. As the military representative did not oppose this particular application his Worship said he should have been prepared to pass an order declaring Mr Faries not to be a European British subject. There was, however a rather important principle involved, namely, the question of limitation, so his Worship did not think that it was desirable for him to lay down a precedent by passing an absolute order in this case until that question has been brought to the notice of the military authorities and they had had time to take any action which might be deemed desirable. It appeared to his Worship that at present, when no period of limitation was fixed for inquiries under Section 9 of the Defence Force Act, any person who had registered and undertaken military obligation under the Act and afterwards found them excessively irksome, might at any time claim that he was not really a European British subject and had registered by mistake and ask to have his registration cancelled and he released from military duties. He (person) might do that after six months military service, he would, his Worship thought, be entitled to put forward the same requests as the present applicant. His Worship, therefore, thought that Section 9 of the Indian Defence Force Act, ought to be amended, so as to prevent persons who had registered under the act from coming forward long afterwards and saying that they were not European British subject. This point of limitation, his Worship thought, was one worth considering, and so, at the suggestion of Capt, Casson, he would abstain for the moment from passing any order which, taken as a precedent, might lead to an undesirable situation. He adjourned the case sine die.
At the meeting of the exemption tribunal on the 1st instant, Mr Melville Agent of the Irrawaddy Flotilla Co. was the non-official member.
The consideration of an application of the Burma Oil Co. for exemption from general service for some of their employees was postponed pending receipt of Army Order no. 421 of 1917. The application of S.W. Madden of the Burma Oil Co. for revision of the tribunal’s order of May 14th 1917 was rejected. Other applications for exemption of B.O.C. employees were considered. Messrs. C.M. Croft and A. Wilcox, being over 41 were automatically exempted from general service. The certificates of Messrs. H.S. Malott and T.J. Poore were to be in accordance with the orders of May 14th, i.e. exemption from general service only while in their present employ and station, but to go through general service training. J.E. Middleton was exempted from general service. T.H. McCort was exempted conditionally. Mr M. McEachran was granted total exemption.
Messrs. Young and Sanders of the British Westinghouse Electric and Manufacturing Co. were granted exemption for three months.
The cases of Mr Burridge, Mr Bleek and Mr Berry of the British Petroleum Co. will come up again on June 19th.
G.M. Antony was exempted on the ground that he was not a European British subject and for the same reason Mr A.J. Rebello was exempted.
J.H. Parry, of the Twinzas Oil Co. was granted total exemption.
The application of Mr C.T. De Cruz alias Nelson Bothwick, for exemption was rejected.
The case of P.O. Julius was referred to the Dist. Magistrate, Meiktila, for inquiry as to whether he is a European British subject. It will come up again on the 19th instant.
A. Fernandez, employed on the Burma Railways at Myitnge, was told that his application would have to be considered by the Commissioner of Police, Rangoon.
J.D. Dufall asked for exemption on the ground that he belonged to Ceylon, where compulsory service was in force and he would be going back there. The application was rejected.
An application from Messsrs. T.D. Finlay & Sons for total exemption for Mr McRae was rejected.
The application of Mr Guest of Messrs. DeSouza & Co.’s branch at Maymyo was withdrawn.
The tribunal would not accept the medical certificate put in by Mr West on behalf of his son E.B. West. They had, they said, to accept the certificate of the military doctor that E.B. West was fit for class A and therefore rejected the application.
The Selection Committees
In exercise of the power conferred by rules ... of the Indian Defence Force Rules 1917, the Local Government constitutes the following Selection Committees for the groups of districts comprised in the Rangoon and Mandalay Brigade areas:
Rangoon Brigade – (1) J.P. Hardiman, I.C.S., President ; (2) Major C.J.K. Pollard, Royal Garrison Artillery, nominated by the General Officer Commanding Burma Division ; and (3) Sir Arthur Binning, (4) G. Blackstock, (5) J.A. Swan and (6) E.J. Holberton, nominated by the Local Government.
Mandalay Brigade – (1) W.J. Smyth, I.C.S., President ; (2) Lt. J.M.B. Stuart, Indian Army Reserve of Officer, nominated by the General Officer Commanding the Burma Division ; and (3) H.M. Lutter, (4) P.J. Lucas and (5) C.W. Layard, nominated by the Local Government.
Rangoon
The Rangoon exemption tribunal sat on Saturday at 11 a.m. at the office of the P.W.D. Secretariat, Dalhousie St. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, military member and Sir Arthur Binning, non-official member ; T.F.R. McDonnell represented the military authorities.
The President said that the applications would be taken in the following order:- The Municipality, Revision cases, Medical, Customs, Port Commissioners and various Government servants, the Irrawaddy Flotilla Co, some miscellaneous applications, Tavoy and Moulmein applications.
Municipal Application
Mr Gavin Scott, President of the Rangoon Municipality applied for total exemption for six months on behalf of Dr. Marshall, Health Officer, who was on six months leave, medical certificate in India. The application was granted.
The next was an application on behalf of Mr Barnett, leading fireman of the Municipal Fire Brigade. Mr McDonnell said he thought all firemen had been exempted. The President said that all the firemen of the Fire Brigade had received total exemption. One of those men was only acting and he had now lost his appointment in the Fire Brigade because the permanent officer came back. The fireman who received total exemption originally was Mr Ellis, who would now lose his total exemption ; and Mr Barnett, the permanent incumbent, who had returned from leave would receive permanent exemption.
Mr Allmark, of the Secretary’s Office, Rangoon Municipality, applied for total exemption. Mr Allmark had been placed in class E by the military medical board and was granted total exemption.
Revision Cases
The President said that there was originally an application for partial exemption for Mr Young by the Burma Cold Stores. He was granted partial exemption for three months and was then made liable to general military service, the tribunal considering that the Cold Stores was a luxury. Three months was also given in order that the Cold Stores might make arrangements for replacing Mr Young. Mr Young now applied for revision of the tribunal’s order and asked for partial exemption. The tribunal saw no reason to reconsider their earlier order. The non-official member, Mr Buchanan, concurred.
Messrs. T.D. Finlay & Sons, Moulmein, applied for exemption on behalf of J.B. Fresanges (sic) who was employed in forest work near Nyaunglebin. The earlier order refused exemption : The tribunal considered that as he was employed in a more or less accessible place it should be possible for him to do his military training as in the case of other timber firms. Against that order the firm now appealed, contending that Mr Fresanges was engaged in work of a special nature, namely, in an attempt to keep a certain stream under control in the interests of both Government and the Burma Railways ; and they referred the tribunal to the Revenue Secretary’s to Government, the Superintending Engineer, Irrigation Circle and Agent to the Burma Railways. The tribunal had obtained the views of the first two of these officials, both of whom said that it was very important that Mr Fresanges should be in the position of carrying on the work that he was at present engaged in. The tribunal accepted that view and granted him six months total exemption. The order had the concurrence of Mr Nicoll, who was the non-official member of the tribunal.
Medical
Mr A.H. Tucker applied for total exemption on the ground of ill health. He applied originally for total exemption on the same ground and agreed to abide by the decision of the military medical board, which, placed him in class C. His application was accordingly rejected. The tribunal had no jurisdiction to send Mr Tucker before the medical board again. If he wanted to do so, he must go before the commanding officer of his corps. That order had the concurrence of Mr Holdsworth, who was the non-official member.
A.P. Cotterell of Messrs. Joseph Heap & Sons, originally applied for total exemption, which was rejected. He had since been before the medical board, which had placed in category E. He was therefore granted total exemption.
Mr B. Dodd was placed in class B by the military medical authorities and his application was rejected.
The applications of Mr Tomlinson, office of the Financial Commissioner and Mr J.F.B. Sutherland, bar-at-law, Moulmein were adjourned till the next sitting of the tribunal as their medical certificates had not been received.
L. Dawson, of the Agricultural Loan Company, Pyapon, having been placed in category D, he would receive total exemption for six months only.
The following who had been placed in class E by the medical authorities were granted total exemption: D.M. Bruce, Messrs. Walker & Whyte ; G.R. Neilson, Messrs. Binning & Co. ; G.S. Nicholas, Head Clerk of the office of the Superintending Engineer, Pegu Circle. ; H. Davies and J.A. O’Leary, British Burmah Petroleum Co. ; J.M. MacDonald, Messrs. Finlay Fleming & Co. ; Mr Trutwein, Bassein ; L. D’Attaides, Advocate, Bassein. Mr Miller, Moulmein, asked that his application might be withdrawn.
The President said that there was an application from the Chief Collector of Customs on behalf of Mr Thompson, and forty-one members of the Customs establishment. The Collector had intimated that the application would be modified. It would accordingly stand adjourned to the next hearing.
The Irrawaddy Flotilla Co. apple for total exemption for three recently joined junior engineers. Mr McDonnell said that his orders were that any engineer on any boat should be granted exemption in view of the importance of keeping open communications. His orders were not to oppose any application of this nature. The President: There was an application of the Irrawaddy Flotilla Co. for total exemption of Messrs. Davidson, Desmond and McNeikan. The tribunal have already given exemption to the Company in respect of their navigating and engineering staff on a generous scale and they do not propose to give any more. These applications are accordingly rejected.
Misc. Applications
There was an application for exemption by the Twinzas Oil Co. in respect of J.A. Murray, who was stationed at Minhla. Mr Murray was being dealt with by the Mandalay tribunal and his application to this tribunal was therefore rejected.
The medical certificates had not reached the tribunal in the cases of Mr Midwinter, Zigon ; Mr Powell, Superintendent of Land Records, Akyab ; Mr Campbell Burn, Bar-at-law, Toungoo, and the proceedings were adjourned until the next sitting of the tribunal. For a similar reason the applications of Mr Solomon, Chief Jailor, Myaungmya and Mr Murray, Clerk in the office of the Asst. Cable Censor, were adjourned.
There was an application of the Chief Secretary to the Government for exemption in respect of Mr O’Connor, Asst. Engineer, recently transferred from Maymyo to Tavoy. Mr O’Connor took the place of Mr Ricketts at Tavoy, in respect of whom the tribunal grated various exemptions at its last sitting. Those exemptions were now withdrawn from Mr Ricketts and were granted to Mr O’Connor.
The tribunal next considered an application of Mr Arratoon, Manager of the refreshment rooms at Thaton of Messrs. Barnes and Co. Mr Watts of Messrs. Arthur Barnes & Co., questioned by Mr McDonnell as to the nature of Mr Arratoon’s work, said he was Manager of the refreshment rooms. Q ; Why do you apply for exemption? - Because of the nature of his work. He is the Manager of the refreshment rooms and he cannot possibly attend drills at Moulmein and work at the refreshment rooms at Thaton at the same time.
Q : Can’t he find time for drills? – No. He is in charge of the refreshment rooms and he must be there for every train coming in and going out.
Q : Don’t you think he could have his drills along with other Europeans at Thaton? – He cannot possibly retain his appointment and carry out his drill. He cannot be in two places at the same time.
Q : Is it a fact – so I am informed by the military authorities – that you told him that he would be dismissed from his appointment if he did not get exemption? - I did not tell him he would be dismissed. I told him he would have to vacate his post. Q. : Does he not get any time off? - Yes, for certain hours.
Q : Does he not get any leave at all? - Yes, between the time the trains come in.
Q : From one year to another, does he not get any leave? - If he wishes to apply for leave, I will have to send a new manager to Thaton. He gets a month in a year.
Q : How many European employees have you in the refreshment rooms on the Burma Railways? - They are mostly Armenians.
Q : And those who are not Armenians, what are they? - They are Ceylonese. Q. : Can you replace him by a Ceylonese? - I can get a new man in his place.
Q : Do you think it right to threaten a man at a time like this, by saying that if he is not going to get exemption he will have to vacate his post? - I never intended any threat. If he wants to go on military service – Q. : The question is not what he wants, but what is wanted of him by Government. – I do not wish to oppose any man doing military service. I mean to say that no manager of a refreshment room can possibly retain his post and go and drill.
Major Pollard: The long and short of it is that you intend to dismiss this man if he does not get exemption? – No, I say he cannot do both, attend drills and do his work as refreshment room manager. Mr McDonnell: At the beginning of the war, some of your men were called out for military duty in Rangoon? - Yes.
Q : Did you protest? – No.
Q : Did you inform them that if they had to be away from their duties they would forfeit their pay for such time as they were away? – Certainly not.
Mr McDonnell produced a notice that Mr Watts had sent to his employees shortly after the war broke out. Mr Watts said that notice was not issued on account of the war. It was sent to the men because they were constantly stopping away from office, skulking from their work and he intimated to them that if they did not intend to do their work they would get no pay. That had absolutely nothing to do with the war at all.
Q : And you made no protest? - Absolutely none. I would encourage them to go if anyone wanted to go to the front and join the forces. I would give them a contribution as well when they were going. The manager of the refreshment rooms who had got to meet trains could not possibly go to drills.
Q : What trains has he got to meet? There is a train I know at 7-30 or 8 o’clock p.m. – Yes and others and he has then to attend to the dinner.
Q : Do you say that the drill hours, which last from 5 to 7 p.m. will prevent his attendance at the dinner hour? - He has to be there at least an hour before dinner hour.
Mr McDonnell told the tribunal that he had been asked by the military authorities to being this action of the firm to the notice of the tribunal. He though that it was quite clear that what the firm had done was to threaten at any rate one of their employees that he would lose his billet if he did not get exemption from military duties. Conduct of that kind was fortunately unusual in Rangoon. Messrs. Arthur Barnes enjoyed the unenviable distinction of being the only retail firm that had thought fit to make use of such a threat. He was asked to make it clear the if their action was persisted in, they would find that the military authorities would not be entirely powerless and he wished to warn them that unpatriotic conduct of that kind must necessarily recoil on the firm. Mr Watt said he was sorry that the board looked at the matter in the light it did. The President: We have not, as the tribunal, expressed any opinion one way to the other.
Mr Watts: I did not mean it as a threat. I did not see how the man could attend drills, and, therefore, I said if you do not get exemption, you will have to lose your appointment. And it certainly will happen that another man will be put in if he goes. There is no question about it. The same applies to any other firm. I wish the tribunal to understand that I do not wish to put any obstacles in the way of any man. If the men wish to go to the front they can go; and I say in this case that the man cannot drill at Moulmein and retain his appointment. Sir Arthur Binning: There is no training done at Thaton? Mr McDonnell: There is a Thaton company or section.
The President in disposing of the application said that Mr Arratoon was in the employ of Messrs. Arthur Barnes & Co. at Thaton. The tribunal thought that it should be possible for Mr Arratoon to do his military training and there were apparently facilities at Thaton of which Mr Watts was unaware. If Mr Arratoon desired exemption on the grounds of nationality his application should be made not to this tribunal. His application was rejected.
The application of Mr Francis of no. 39 Dufferin Street, for exemption on the ground of his employment, which was that of a rice mill Engineer, was rejected by the tribunal.
There was next considered an application of Mr McGee of the Burma Oil Co. at Allanmyo for exemption on the ground first that he was an American and secondly that he was engaged in work of national importance, namely, drilling an important well. The company asked for temporary total exemption for three months which the tribunal granted. If Mr McGee claimed to be an American, his application should be, in the opinion of the tribunal, made not to them, but to another authority – he thought to the District Magistrate.
Mr Parley was granted temporary total exemption for six months. He now complained of the drills. The tribunal considered that it had no jurisdiction to deal with a matter of that kind.
Mr Salvador of Zingyki, applied for total exemption on the ground that he was medically unfit, and secondly, that he was engaged in work of national importance. He was licensee of a wolfram concession, which was a small one and had not been working for nine months. The military medical board considered him fit for some military duty. The tribunal therefore rejected this application.
Mr Paul applied for an order from the tribunal to get him re-examined by the military medical board. That did not lie in the jurisdiction of the tribunal, who did not pass any orders on the application.
Mr Mitchell, Engineer, applied for total exemption in order that he might be able to proceed to Singapore to take up an appointment. He had applied for a passport, The tribunal granted him total exemption on condition that he left Burma within one month of the tribunal’s orders.
Messrs. Bulloch Bros., Akyab, applied for partial exemption for H.C. McEwen who was transferred to Chittagong. He applied originally for partial exemption, which was withdrawn. The tribunal could pass no orders now. When in Chittagong the tribunal thought he could apply to the proper tribunal there for exemption.
Mr Thompson of Akyab, applied for exemption on the ground that he was returning to the United Kingdom. He had subsequently withdrawn his application, in respect of which no orders were needed from the tribunal.
Mr Selkirk of Messrs. Jessop & Co. applied for partial exemption. Mr Fyffe of the same firm had been granted temporary exemption from general service until June 20th the date on which it was expected Mr Selkirk would arrive in Burma. Mr Selkirk had now arrived and the tribunal granted him partial exemption; Mr Fyffe’s exemption would automatically cease on June 20th.
Tavoy and Mergui Applications
The President said that the tribunal had been favoured with a report from Mr Brander, Deputy Commissioner of Tavoy, stating what his views were on the question of exemption which should be granted to Europeans engaged in the tungsten industry. Mr Brander’s views were as follows:- He divided the Europeans employed in the mines at Tavoy into three classed: (1) those who were stationed permanently at the mines: (2) those who were stationed permanently at Tavoy, that was to say, heads of offices of the mining firms; and (3) the inspecting staff, which was stationed part of the time in Tavoy and part of the time they spent going round the mines. Mr Brander’s views as regards exemptions which should be granted to those classes were as follows:- Those who were permanently employed at the mines should receive total exemption until the end of the war; those who were permanently stationed at Tavoy should received no exemption at all; whilst those who were stationed in Tavoy for part of the year and went round inspecting the mines in the other part of the year, should get partial exemption. The Chamber of Mines had also expressed their views. They divided the Europeans engaged in the tungsten mines in the same three classes as Mr Brander did. Their views as regards classes 1 and 3 were the same as Mr Brander’s ; but their view in regard to the heads of offices permanently in Tavoy differed from those of Mr Brander who considered that they should receive no exemption ; the Chamber thought that they should receive partial exemption.
The tribunal proceeded to consider the various applications in detail, beginning with the Tavoy concessions. Mr McDonnell said he had been asked by the military authorities to accept the views of the Deputy Commissioner of Tavoy and any exemptions that Mr Brander supported he would not oppose. The following were granted total exemption, in accordance with the recommendations of Mr Brander:- T.F. Williams, J.W. Campbell, H.R. Stanley, G.H. Marks, C. Smith, S.S. Young, G. Willison, F.J. Sweeney, W.C. Toms, A.W. Ross, F.W. Linck, J.A. Wellesley and M.A. Harigan. Mr C. Sutton, Manager in Tavoy, would receive partial exemption as asked for. In regard to Mr Saleem Mayatulla, his application would be adjourned until the next sitting of the tribunal in order that the company might report whether he had registered under the Indian Defence rules or not.
The Indawchaung Dredging and Tin Mining Co. applied for total exemption in respect of J.J. Milne, H.W. Booth and E.E.A. Williams which was granted.
The following who are permanently on the mines have been totally exempted on the application of Messrs. Radcliffe & Co. – H.H. Cooper, R.C. Farrant, C.N. Lyons, J.J. Sheppard, A.C. Calogreedy, H. Finlayson, J.W. Stocks, D.P. Leal, H.F. Lisle, J. Finlayson and M.N. Sinclair. Mr P.E. Illingworth, who was permanently stationed at Tavoy, was granted partial exemption.
The exemptions in all cases from Tavoy and Mergui of men engaged in the mining industry would cease at teh end of the ar.
The High Speed Steel Alloys Co. applied for exemption in respect of various employees at Tavoy and the orders of the tribunal were as follows:- Dr. W.R. Jones, Manager, will receive partial exemption ; H.R. Pepper, Chief Chemist, who had been placed in class E, will receive total exemption. Mr Davies, Superintendent of the Electric Magneto separating department, will receive partial exemption. The applications of the following were rejected:- A.W. Hothersall, Chemist and Assayer and J.R. Ditcher, Accountant. Mr Lee-Mitchell will receive three months temporary exemption. The following who were permanently employed on the company’s mines in the district, were granted total exemption:- C. Ellis, J.W. Greengrass, H.N. Rees, P. Doyle and C.T. Heal.
The tribunal granted the application of the Burma Mineral Co. for total exemption of B.J. Penkhum, F.A. Oakes and E.E. Wallenberg.
J.C. Burt and A. Thompson, who were engaged on the Pullato Mining Syndicate’s mines, were totally exempted.
W.A.R. Sutherland, who had left his appointment subsequent to the date on which his application was first in, had his application rejected by the tribunal.
The application of the B.B.T. Corporation for the total exemption of the following employed permanently on the mines was granted:- W. Mathews, A.B. Pebir, H.A. Tilbury, T.A. Madeson, A. Madeson, W.S. Wood, W.H. Olliwant, J. Gregory, P. Sharp, M.M. Manekji and C. Jennings.
The following from Steel Bros. were granted total exemption:- P.B.C. Watson, C.C. Johns, A.C. Plewes, W.J. Wilcox and E. Kelly ; and Mr W.J. Howison was granted partial exemption.
Messrs. Finlay Fleming & Co. asked for exemption in respect of various employees at Tavoy. W.R.C. Beadon asked for partial exemption, He was a volunteer officer. The tribunal by majority granted the application. The following employees of the firm were granted total exemption as they were permanently employed in the mines:- J. Doupe, J.P. Harley, S.V. Smith, W. Ross, C.C. Coy, C. Simpson, H.R. Mackilligin, C.D. de Souza and J. Nahapiet. J.W. Thorburn had withdrawn his application for total exemption, which was formally rejected.
W.A. Harrington’s application for total exemption on the ground that he was engaged in contracting work for Government was referred back to the Deputy Commissioner, Tavoy, for further information.
G. Robertson, who was engaged in agency work at Tavoy for Bulloch Bros. was by a majority of the tribunal granted exemption.
Mr Bateman, employed at the mines, Mergui, for Bulloch Bros. was granted total exemption and Mr Samuel, Managing Agent of the company at Tavoy and Mergui, partial exemption. The application on behalf of Mr Cuthbertson for the same company was rejected. Mr Cuthbertson was a volunteer.
Messrs. Wightman & Co. applied for exemption on behalf of Mr Jackson, who was engaged on mining work at Tavoy. He was granted three months total exemption, after which his case would be reconsidered.
W.A. Sutherland, employed at the mines at Mergui, applied for exemption and the tribunal referred to the Deputy Commissioner for further particulars.
The tribunal considered an application of E. Ahmed of Mergui in respect of Messrs. James and Benson, who were employed in his mines at Mergui. Mr James was granted total exemption and Mr Benson’s application was rejected.
Messrs. Speechly and Hall, Rubber Planters at Mergui, who applied for total exemption were granted partial exemption. Nao Yu was granted total exemption.
C.E. Jordan, C. Miller and V.A. Francis, of the Puchaung Mines, Tavoy, were granted total exemption.
The following employed at the wolfram mines at Tavoy were granted total exemption:- Messrs. O’Leary, James, Fowle, McDermott, Skinner, Kelly, Selvey, Browne, Griffiths, Wood, Keyworth, Mathews, Hursey, Wallenberg, Roland, Ady, Sydenham, S. Beale and L. Beale.
E. Crisp (69) and C. Kitchin (52) were both permanently exempted. F.G. Fitsherbert and R.C. N. Twite, Mining Engineers, Tavoy, were granted partial exemption and A. Otter, W.C. Richardson, J.N. Elliott, J.J. Timins and A.J. Godfrey were granted total exemption.
A.J. Wells, bar-at-law, Tavoy, who had been placed in category E was granted total exemption and J.J.A. Page, Metallurgist, partial exemption. The application of Mr Solomon, Tally Clerk, Tavoy, for permanent exemption was rejected.
Mr Gear applied for total exemption on the ground that he proposed to leave Burma. The tribunal had received no further information of his wish to leave the province and so they rejected his application.
G.V. Clark was granted total temporary exemption in order that he might give the tribunal further details as to the work on which he was to be employed. That information was given in camera to the tribunal ad Mr Clark was granted one year’s permanent exemption.
The application for exemption of Mr Philip, Engineer of Bulloch Bros. at Akyab, has been withdrawn.
The tribunal granted Mr L. Cox of the Sittang Valley Estate, total exemption until the end of the year, when the case would be up again for revision.
Mandalay
The exemption tribunal met on the 19th June with Mr Stevens, of the Municipal Office, as non-official member. The first application considered was from the Agent of the Burma Oil Co., Yenangyaung, for exemption from general service of Messrs. R.E. McCort, P. Scratch, A. Brown and C. Coutts, who are engaged in the work of drilling in the Yenangyaung field. It was resolved to grant them the exemption asked for and to allow them to complete their military training within six consecutive months from 1st June 1917, provided they continue in their present station and employ.
The next application was from the Managing Agents of the Indo-Burma Petroleum Co. on behalf of Dr. A.W.G. Bleeck and C.T. Berry of their Indaw staff, for total exemption from all military service up to 31st December 1917 ; and a further similar application on behalf of J.W. Beveridge (who had already been granted exemption from general service conditionally) because he had been transferred from Yenangyaung to Indaw, where he was working under the same conditions now as Messrs. Bleeck and Berry. The application was granted in each case subject to each continuing his present position and employ.
No reply had been received from the District Magistrate of Meiktila regarding the application of Mr P.O. Julius claiming exemption on the ground that he was not a European British subject. It was resolved to send a reminder to the District Magistrate.
The consideration of an application from the Manager of the Mawchi Mines Ltd. on behalf of the company’s employees, was postponed till the 27th instant the application having been received only the day before and therefore there being no time to make the necessary inquiries.
Mandalay Exemption Tribunal
A few remaining applications for exemption were dealt with ... The conditions under which W.L. Ashe, of the Burma Oil Company at Singu, was given exemption from general service on the 14th May last were altered to the following, namely, that he would have to go through the full musketry course, do his preliminary training of 60 hours within two months and after that two hours drill a week. It was decided that J.A. Murray, Agent, Twinzas Oil Company, Minhla, should be re-examined medically and send in a certificate in Form V. Mr B. Ward, Inspector in charge of the night conservancy of Mandalay, was granted exemption from general service. Similar exemption was granted in the cases of Mr L. O’Hara and Mr Larsen on the application of the Warden of the Yenangyaung Oil Fields and of Messrs. B.A. Harris, A.J. Dancey and B. Belletty on the application of the Controller of Military Accounts. The application of Mr George Apcar fro exemption from general service was refused.
Rangoon Exemption Tribunal
... The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, R.A., Mr E.J. Holberton, the non-official member, T.R.F. McDonnell, appeared to represent the military authorities. ... The President announced that applications would be taken up in the following order 1. Revisions. 2. Medical. 3. Govt. Officers. 4. Miscellaneous. 5 Wolfram. 6. Municipality.
In regard to the first that of Mr B. McSweeney, Chemist of the refinery of Messrs. Finlay, Fleming & Co., Dunneedaw, the President said that Mr McSweeney was originally given partial exemption ; he now asked that that order might be revised and that the exemption be cancelled as he desired to be placed in the general service list. To that application the tribunal were very glad to consent.
The next was an application of the Geological Dept., of the Survey of India for revision of the original orders in respect of Messrs. Heron and Coggin Brown, Geologists, employed in encouraging the tungsten industry at Tavoy. The original application was for partial exemption for those two gentlemen which the tribunal granted. The Geological Dept. now found that that was not what they wanted. What they wanted was that these two should be totally exempted during the field season and partially exempted during the reminder of the year. That revision application the tribunal sanctioned in view of the importance of the tungsten industry.
The President said the next application was that of the Rangoon Electric Tramway and Supply Co. for revision of the orders passed in the case of Mr Dender and Mr Long. Mr Dender who was grated partial exemption, had now reverted to his previous occupation of Workshop Apprentice and in accordance with the original application granted, the exemption now ceased. In his place the company had appointed Mr Long, Switch Board Attendant, and they asked that he might be granted partial exemption. The tribunal sanctioned that application.
G.S. Blazey, who had recently returned from Mesopotamia, invalided, had on the last occasion applied for permanent exemption on medical grounds, and was asked to produce his military discharge certificate. He produced that document and the tribunal granted him total exemption.
R. Yaull, of the Rangoon Electric Tramway & Supply Co., applied for total exemption on medical grounds. Mr McDonnell: You are put in class A? - That was when I was examined before. Q: Now you are in class A. Are you not fit for service? - No. The President: Mr Yaull was re-examined on June 4th and classed A. Mr McDonnell: You will have to do military service under those circumstances. The tribunal could not accept Mr Yaull’s application on the certificate of the military medial board and accordingly rejected it.
The tribunal granted the application of Mr Midwinter, of Zigon, Tharrawaddy district, for total exemption on medical grounds, he having been placed in category E.
H.P. Powell, Superintendent of Land Records, Akyab, applied for total exemption on medical grounds. He had been placed in category D and was, therefore, exempted for six months.
Government Officers Applications
The next was an application from the Chief Secretary to the Government of Burma for exemption on behalf of fifty-nine officers of the Rangoon Town Police. All police officers in Burma, said the President, were exempted from general military service, that was to say, they had partial exemption. But owing to the nature of their duties, the Chief Secretary wrote it was not possible for those officers to perform local military service, nor could they undergo military training and at the same time discharge their police duties. Eleven of those officers were over forty-one years of age and forty-eight were under forty-one years of age. The tribunal sanctioned the application as prayed for.
The Chief Secretary also applied for partial exemption for Mr Fischer, Superintendent, Pakokku Hill Tracts. Mr Fischer’s name was omitted by mistake from the list of Deputy Commissioners on behalf of whom partial exemption was granted. The tribunal granted the application.
A Pleader’s Application
R.C. Litchfield, Pleader of Kyauktan, applied for total or partial exemption on the ground that his professional earnings would greatly suffer if he were taken away on general service training. In his petition Mr Litchfield said on June 12th 1917, he was medically examined and was informed by the Rangoon Brigade Office that he was placed in category A. He was then required to carry out his drills at Syriam under the Indian Defence Force. Up to June 25th he had put in 45 hours drills. In putting in those drills he had to neglect a considerable amount of his professional work owing to the hours of drill overlapping his working hours ; he had to sacrifice a large sum of his own money for travelling, boarding, messing etc. ; he was daily losing his clientele and income, owing to his clients believing that he might be sent into the firing line without any notice ; and if circumstances continued to be the same, he would entirely lose his practice. He therefore asked that he might be exempted from military service either in whole or part, or that any other concession might be granted him. Mr McDonnell: You are 36 years of age? – Yes.
Q : You ask for exemption on the ground that your professional income has decreased and will diminish further? – Yes, that is in substance my petition.
Q : You want total exemption? – I would like to be exempted from general service for three months in the year.
Q : Why should you be? - I submit that I am willing to go on service when it is absolutely necessary to do so.
Q : If other people can go, why not you? You will have to go on three months service – Other people are in Government service or in offices, while I have hot no other assistance besides my practice. Mr McDonnell: That is, I submit, a matter for the selection committee to consider. Your point is that if you go away, there is no one to support your wife and children. – Yes. The President in disposing of the application said that it was made on the grounds that the applicant’s professional earnings would greatly suffer if he were taken away on general service. The tribunal was of opinion that the matter was one which concerned the selection committee and not the tribunal. The application must, therefore, be rejected.
A Conscientious Objector
P.T. Rainford, a Seventh Day Adventist, of Pegu, applied for total exemption on the ground that he had surrendered his life to gospel work. He was working as a canvasser for the Seventh Day Adventists and was at present carrying on this work in Pegu. His name was on the register of the Rangoon Volunteer Rifles.
Mr McDonnell: Q : How old are you? - I am 39.
Q : Have you been medically examined? - Yes.
Q : In what class have you been placed? - I do not know.
Q : You base your application on the ground that you are engaged on missionary work? - Yes.
Q : But as a matter of fact you are not on the list of the members of religious denominations? - I am doing a class of religious work.
Q : As a lay preacher? - Yes.
Q : Then you do not come under the exemptions which are allowed to ministers of religion. – Yes I do.
Q : You know that there are members of various religious denominations including your own, who are taking part in the war? - Yes. I belonged to the Volunteer Rifles.
Q : You got exemption? – I got temporary exemption on a medical certificate.
Q : You will serve now if the medical examination directs you to do so? - I have asked to be exempted.
The President: Have you got a conscientious objection to fighting? – I have. Q : Why? - Because I have consecrated myself to the work of the gospel.
Q : Do you think that we and the Allies are on the right side – I do not mean the winning side, but as right minded men on the moral side? – In the Christian science we live to work for God and – Mr McDonnell: Are you a married man? – I am a bachelor.
Q : Have you got a sister? – Yes
Q : Have you got a mother? – My mother is dead.
Q : Did you read in the newspapers what the Germans gave been doing to the women in Belgium? – Yes.
Q : Do you not consider that the Belgians were justified in defending themselves against the Germans in their ill treatment of Belgian women? – Yes, it is very hard.
Q: Do you think the Belgians were justified in defending themselves against the Germans in the ill treatment of the women? – [Witnesses’ answer was inaudible at the press table.]
Q : You object to using any physical force? – Yes. Q : Did not Christ drive the money changers out of the temple? - Yes, that was righteous indignation.
Q : Is that not an exhibition of physical force? – Yes, he did that but –
Q : And was he blamed for it? - That was righteous indignation.
Major Pollard: How long have you been a Seventh Day Adventist? – Four years.
Q : You describe yourself as a canvasser? – Yes.
Q : Canvassing what? – Canvasser in literature and books.
Q : You are on the mercenary side? – I do not get much ; I get something.
Q : You are making a living out of it? – Some living, not very much.
Q : Still you are making a living? – Yes.
Mr Holberton: Suppose you get more for canvassing than is sufficient for bread and butter and food, what will you do with the balance of the money? – It will serve another purpose. Q : What other purpose? - It goes to the mission fund. That will depend upon the circumstance.
Q : That is to say you will keep it for your own profit? - Yes.
It seems to me that you have got the same trade as I have. Yours is in books, mine in timber, I don’t think you have the slightest claim to exemption.
The President: Have you formed any idea as to which side is on the right? – We have got to follow the Scriptures.
Major Pollard: You believe in other people defending you? – No, not quite.
Mr McDonnell: You are the only man in the whole of Burma with a conscientious objection. You set your opinion against the rest of the Europeans and Anglo-Indian inhabitants. Does not that strike you as very extraordinary? As a matter of fact the Act has been drawn up in a sensible way which does not require any conscientious objection.
In disposing of the application the President said that the applicant applied for total exemption on the ground of conscience. Mr Rainford was not amongst those who were exempted by the Act. The only grounds upon which a person, who was not exempted, might claim exemption were (1) that the work he was doing was in the national interests (2) that he was being educated and that his education was in the national interest and (3) on physical grounds. None of those three reasons existed in Mr Rainford’s case and consequently the tribunal had no jurisdiction to grant the exemption and rejected the application. They added that if they had a discretion in the matter they would certainly not exercise it in favour of Mr Rainford whose views they considered in the highest degree to be misguided and destructive.
The application of Mr Scriven, Watch Engineer, Compressor Station, Rangoon Municipality, was adjourned for further information.
Messrs Steel Bros. applied for total exemption on behalf of four applicants in the Tavoy district, who were engaged in working wolfram. Their names were Mr T. MacDermott, Zinba Mines, employed by A.E. Wallenburg & Co. ; Mr W. Wellington, Taungshin Taung Mines ; Mr C. Mathway, who worked on his own account and Mr Giap, Pa-in Mines, Thington. The Deputy Commissioner, Tavoy, whose opinion had been asked for, had reported that exemption should be granted in each case. The tribunal granted the applications.
Conclusion - The President said that was all the business before the tribunal. If there was another sitting, the fact would be intimated in the press.
Rangoon Exemption Tribunal
... composed of J.P. Hardman, I.C.S., President, Col. Pullen, Military member, Sir Arthur Binning, the non-official member.
Bank Applications
Mr Sitwell on behalf of the Bank of Bengal applied for total exemption for such of their assistants as were liable for service. The chairman said that the tribunal had read Mr Sitwell’s application. He thought that his list referred to the case of the officers of the bank of Calcutta.
Mr Sitwell: Yes, to the bank as a whole. Sir Arthur Binning: What does he claim?
Mr Sitwell: Total exemption.
Q : What is the number of your European staff at present? – Seven
Q : Before the war? – We had eight.
Q : You are then only one man short? – Yes and our work has increased on account of Govt. loans.
Q : What do you mean by Govt. Loans? – Government War Loans. I have got letters from Calcutta where they tell me that they have been working on five months at ten hours a day.
The chairman: How do you work with the Govt. Loans? We are short handed as it is and the extra accounts we have to keep is all extra work.
Q : Of your banking work the exports and imports accounts must have diminished? – No.
Q : Has the war had the effect of increasing it and adding to the extra ordinary work? - Yes.
Sir Arthur Binning: Beyond these extra accounts on account of the war there is no ground on which you are claiming exemption as preferential treatment? – Yes, we have the Govt. accounts and Govt. Loans to deal with.
Q : That is merely the same business as other banks do? – No, they have nothing to do with Govt. Loans.
Q : Does not the Accountant-General keep all the cash? – I actually keep all the cash. The Accountant-General keep a certain amount of notes.
The Chairman: Is your balance a secret? What is it now? – At present between 150 and 160 lakhs.
Sir Arthur Binning: How many of your men are here? – Two men are being taken for general service, excluding them we have five others.
Q : Are they all down on the general list? – On local service.
Q : They are only two for whom you are applying for permanent exemption? – Yes.
The Chairman: Two are on the active service list and the remaining three are either 41 or have received partial exemption and two have been exempted? – Yes, but the others are not 41.
Q : How much longer, do you think, is this extra work going to occupy your attention? – Until next year, either five, eight or twelve months. Some of the Loans are two year ones.
Sir Arthur Binning: You claim that your staff is overworked here? – Yes, I claim that if the men are taken away the work cannot be done in an efficient way.
The Chairman: Most establishments, Mr Sitwell, you know, are working shorthanded at preset. It is a common inconvenience now, is it not? - Yes, but we have additional work.
Sir Arthur Binning: If we made a precedent in your case would not other banks come here and also ask for exemption? – I do not see that. It is their own look out.
Colonel Pullen: You have been at it three years with the present staff? – Yes and none of our men has had leave since. Two men are going now. Three or four have never had a day’s leave.
The Chairman: Would it not suit you to leave it to the selection committee or arrange for three months time or such other time as would be most convenient to the bank to allow those two men to go on active service? - As a matter of fact three months would be inconvenient.
Q : You do not want the matter to be left to the selection committee? – No, I want it settled one way or the other. Sir Arthur Binning: Do you know the name of the group in which the other man is? – Hopson is in Group 8. Witness went on to say that the bank had given twenty-one men in all for military service and they had done everything that they could ; if they were forced to give more men it would be somewhat hard. Sir Arthur: You do not mean that you have given more than any other firm? Certainly more, in proportion to the work done by us. The Chairman: Among your European assistants there are some Anglo-Indians? Have you ever tried them? – I have never tried them. They have been tried before I was in the bank. The assistants must be men of experience. The Chairman said that the order of the committee, by a majority, was that the matter was one which should be left to the selection committee. The application was rejected. Mr Sitwell: Can I wait for the selection committee? The Chairman: Yes, you may wait for a quarters of an hour when the selection committee will be sitting.
Bombay Burma Trading Corpn.
Mr Holberton, of the B.B.T. Corpn., on behalf of Mr A.R. Anderson handed in to the tribunal a document which he said would assist it in its deliberations. The document contained certain particulars of the applicant’s health and movements. In December 1914 he was attached to the 90th Deccan Infantry, Agra ; then in March 1915 for one year he was attached to the 4th Rajputs on active service in Mesopotamia. In the summer of 1915 he collapsed twice with heat prostration. In January he contracted dysentery and colitis but continued to take part in the action on the Tigris in the attempt to relieve Kut.
After being in Agra hospital between March 2nd 1916 and June 3rd he went on leave for two months to Simla, from where he was invalided home. He sailed from Bombay on August 14th 1916. A London medical board extended his lave to March 13th 1917. On April 1917 a London medical board informed him he was unfit for any duty in India and that he could not be employed by the Indian Government at home any longer. The President of the board instructed him to apply for permission to resign. His resignation was finally accepted as from June 14th 1917 and he was granted leave to return to Burma, where he arrived on August 30th and resumed duty with the B.B.T.C.
The Chairman said that the only question was one of principle. Every one recognised the position of big timber firms. Colonel Pullen: Is this an application by the firm or by Mr Anderson personally? – By the firm. There is no personal question involved.
Q : You are only applying for him on behalf of the firm? – I do not think I have any standing otherwise. Colonel Pullen: You can speak on behalf of Mr Anderson? The Chairman: I see Mr Anderson was told by the India Officer that although he may be fit for duty in England, his health was seriously affected for duty here. He was told that he was absolutely useless for the Indian Army and it was necessary for him to leave England. Colonel Pullen: It appears to me – of course, of Mr Anderson’s case I do not know anything personally – he comes under the Indian Defence Force Act and the case cannot come up here before he is examined by the medial board. I think everyone s to be medically examined first.
Mr Holberton: We have not stuck to that on this tribunal on which I was a non-official member. There was the case of Mr Blazey, which is similar to that of Mr Anderson’s. In that case I made a strong protest. I said that that man had given his services for the nation and he should not be harassed further. The rest of the tribunal agreed with that view and Mr Blazey was exempted.
The Chairman: We had a certificate filed by Mr Blazey that he was discharged from the Army. Mr Blazey was discharged but Mr Anderson has resigned.
Mr Anderson: I was told to resign by the President of the medical board, London.
Colonel Pullen: But I think you were prepared to give your services in England? – They told me that it was open to me to apply for a commission in the British Army.
Q : You did not apply to the War Office for appointment? - Mr Anderson: No Sir.
Q : You resigned rather than Government give you your discharge and that is why your case is different from the other gentleman mentioned by Mr Holbertton? – Mr Anderson: I was told to resign.
Mr Holberton: I know there is one case in Finlay, Fleming & Co.’s officer, which has got to come up. Colonel Pullen: We shall have very many more cases coming up but I think officers must be examined medically first.
Mr Holberton: Do you think that after reading all the papers you have before you, in a case like this one the tribunal is not able to exempt. Colonel Pullen: I do not know what is your objection to Mr Anderson being examined?
Mr Holberton: My objection on the part of the firm is as follows:- Mr Anderson, I consider, will be passed as fit for service. I know if he drills on a wet day and undergoes anything arduous, he will get sick and we will lose his services. Mr Latimer is going out of our office to the India Office and we have not applied for exemption on that ground.
Colonel Pullen: I am looking at it as a matter of principle. I quite recognise your position in regard to Mr Anderson. The Chairman: The whole question is one of principle.
Mr Holberton: There is one other point. They have entirely refused to employ Mr Anderson and pay him at home. Have they any right now to employ him here? Have they any right to call upon him for anything?
Colonel Pullen: I do not think I can express an opinion on that. I was solely going on the matter that Mr Anderson had not gone through the medical examination.
The Chairman: That is the point. Are we not all giving our services, such as they are, for nothing, at any rate, except when one goes on active service? - Mr Anderson: I said I was an officer in the Indian Army Reserve of Officers. I am only too ready to continue serving in India. They said “We do not want you. You are unfit for duty, either active or military local duty of any sort. You must go and you must send in your application and resign.” So I did and I have come back here.
The board decided to grant Mr Anderson eighteen months temporary exemption.
Other applications
The tribunal considered the application of Mr McGee of the Burma Oil Co. working at Allanmyo. The Chairman said that Mr McGee was granted three months temporary total exemption on the ground of his being engaged in work of national interest, he being employed in the oil industry. Mr McGee claimed to be an American subject and the Deputy Commissioner, Thayetmyo, informed the tribunal that Mr McGee was an American. On the ground of race, therefore, he was granted total exemption.
G.H. Williams produced a medical certificate placing him in class E and he was granted total exemption on the ground of ill health.
The High Speed Steel Alloys Ltd., Tavoy, applied go partial exemption on behalf of Mr Hothersall, one of their Chemists. In the alternative the company asked for re-grouping in his case. The Deputy Commissioner did not consider exemption was needed and recommended re-grouping. The tribunal rejected the company’s application for exemption. The Chairman added that the application for re-grouping had already been considered at the last meeting of the selection committee.
Mr R. Spiers, Chief Engineer of the steamship Shwe Dagon, which belonged to the Indo Burma Petroleum Co. applied for temporary total exemption for six months on the ground that he was leaving India. The company stated that Mr Spiers was due to take his leave out of India, which would be granted him. The orders of the tribunal were that Mr Spiers would receive one month’s total exemption in order that he might obtain his passport and other necessary documents.
The Selection Committee
Further Appeals
At the close of the exemption tribunal sitting ... the selection committee assembled in the same room. It consisted of J.P. Hardiman, I.C.S., as President, Colonel Pullen as military member and Sir A.W. Binning, G. Blackstock, E.J. Holberton and J.A. Swan as non official members.
Mr Sitwell, Agent of the bank of Bengal, who was referred to this committee by the exemption tribunal a few minutes before applied to re-group Messrs. Beamish and Hopson. The President asked which group would suit the bank best. Mr Sitwell said that Mr Beamish was down in the 1-3 group and Mr Hopson in group 7-9. One assistant would go from April to June next. The first three months of the year were busy months for them. The committee decided to remove Mr Beamish from the first group to group 10-12. Mr Hopson was to remain where he was.
Mr W. Carlton of the National Bank of Indian, Rangoon, applied for transfer on the ground of ill health from group 1-2 to group 10-12 of the active list. He produced a medical certificate. The committee granted the application.
The last application was that of Mr Aaron for transfer to a later group on the ground that he was in sole charge of his business of oilman stores. The committee transferred him to the last group 10-12.
The committee then went into further cases of re-grouping and adjourned.
The consideration of an application of the Burma Oil Co. for exemption from general service for some of their employees was postponed pending receipt of Army Order no. 421 of 1917. The application of S.W. Madden of the Burma Oil Co. for revision of the tribunal’s order of May 14th 1917 was rejected. Other applications for exemption of B.O.C. employees were considered. Messrs. C.M. Croft and A. Wilcox, being over 41 were automatically exempted from general service. The certificates of Messrs. H.S. Malott and T.J. Poore were to be in accordance with the orders of May 14th, i.e. exemption from general service only while in their present employ and station, but to go through general service training. J.E. Middleton was exempted from general service. T.H. McCort was exempted conditionally. Mr M. McEachran was granted total exemption.
Messrs. Young and Sanders of the British Westinghouse Electric and Manufacturing Co. were granted exemption for three months.
The cases of Mr Burridge, Mr Bleek and Mr Berry of the British Petroleum Co. will come up again on June 19th.
G.M. Antony was exempted on the ground that he was not a European British subject and for the same reason Mr A.J. Rebello was exempted.
J.H. Parry, of the Twinzas Oil Co. was granted total exemption.
The application of Mr C.T. De Cruz alias Nelson Bothwick, for exemption was rejected.
The case of P.O. Julius was referred to the Dist. Magistrate, Meiktila, for inquiry as to whether he is a European British subject. It will come up again on the 19th instant.
A. Fernandez, employed on the Burma Railways at Myitnge, was told that his application would have to be considered by the Commissioner of Police, Rangoon.
J.D. Dufall asked for exemption on the ground that he belonged to Ceylon, where compulsory service was in force and he would be going back there. The application was rejected.
An application from Messsrs. T.D. Finlay & Sons for total exemption for Mr McRae was rejected.
The application of Mr Guest of Messrs. DeSouza & Co.’s branch at Maymyo was withdrawn.
The tribunal would not accept the medical certificate put in by Mr West on behalf of his son E.B. West. They had, they said, to accept the certificate of the military doctor that E.B. West was fit for class A and therefore rejected the application.
The Selection Committees
In exercise of the power conferred by rules ... of the Indian Defence Force Rules 1917, the Local Government constitutes the following Selection Committees for the groups of districts comprised in the Rangoon and Mandalay Brigade areas:
Rangoon Brigade – (1) J.P. Hardiman, I.C.S., President ; (2) Major C.J.K. Pollard, Royal Garrison Artillery, nominated by the General Officer Commanding Burma Division ; and (3) Sir Arthur Binning, (4) G. Blackstock, (5) J.A. Swan and (6) E.J. Holberton, nominated by the Local Government.
Mandalay Brigade – (1) W.J. Smyth, I.C.S., President ; (2) Lt. J.M.B. Stuart, Indian Army Reserve of Officer, nominated by the General Officer Commanding the Burma Division ; and (3) H.M. Lutter, (4) P.J. Lucas and (5) C.W. Layard, nominated by the Local Government.
Rangoon
The Rangoon exemption tribunal sat on Saturday at 11 a.m. at the office of the P.W.D. Secretariat, Dalhousie St. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, military member and Sir Arthur Binning, non-official member ; T.F.R. McDonnell represented the military authorities.
The President said that the applications would be taken in the following order:- The Municipality, Revision cases, Medical, Customs, Port Commissioners and various Government servants, the Irrawaddy Flotilla Co, some miscellaneous applications, Tavoy and Moulmein applications.
Municipal Application
Mr Gavin Scott, President of the Rangoon Municipality applied for total exemption for six months on behalf of Dr. Marshall, Health Officer, who was on six months leave, medical certificate in India. The application was granted.
The next was an application on behalf of Mr Barnett, leading fireman of the Municipal Fire Brigade. Mr McDonnell said he thought all firemen had been exempted. The President said that all the firemen of the Fire Brigade had received total exemption. One of those men was only acting and he had now lost his appointment in the Fire Brigade because the permanent officer came back. The fireman who received total exemption originally was Mr Ellis, who would now lose his total exemption ; and Mr Barnett, the permanent incumbent, who had returned from leave would receive permanent exemption.
Mr Allmark, of the Secretary’s Office, Rangoon Municipality, applied for total exemption. Mr Allmark had been placed in class E by the military medical board and was granted total exemption.
Revision Cases
The President said that there was originally an application for partial exemption for Mr Young by the Burma Cold Stores. He was granted partial exemption for three months and was then made liable to general military service, the tribunal considering that the Cold Stores was a luxury. Three months was also given in order that the Cold Stores might make arrangements for replacing Mr Young. Mr Young now applied for revision of the tribunal’s order and asked for partial exemption. The tribunal saw no reason to reconsider their earlier order. The non-official member, Mr Buchanan, concurred.
Messrs. T.D. Finlay & Sons, Moulmein, applied for exemption on behalf of J.B. Fresanges (sic) who was employed in forest work near Nyaunglebin. The earlier order refused exemption : The tribunal considered that as he was employed in a more or less accessible place it should be possible for him to do his military training as in the case of other timber firms. Against that order the firm now appealed, contending that Mr Fresanges was engaged in work of a special nature, namely, in an attempt to keep a certain stream under control in the interests of both Government and the Burma Railways ; and they referred the tribunal to the Revenue Secretary’s to Government, the Superintending Engineer, Irrigation Circle and Agent to the Burma Railways. The tribunal had obtained the views of the first two of these officials, both of whom said that it was very important that Mr Fresanges should be in the position of carrying on the work that he was at present engaged in. The tribunal accepted that view and granted him six months total exemption. The order had the concurrence of Mr Nicoll, who was the non-official member of the tribunal.
Medical
Mr A.H. Tucker applied for total exemption on the ground of ill health. He applied originally for total exemption on the same ground and agreed to abide by the decision of the military medical board, which, placed him in class C. His application was accordingly rejected. The tribunal had no jurisdiction to send Mr Tucker before the medical board again. If he wanted to do so, he must go before the commanding officer of his corps. That order had the concurrence of Mr Holdsworth, who was the non-official member.
A.P. Cotterell of Messrs. Joseph Heap & Sons, originally applied for total exemption, which was rejected. He had since been before the medical board, which had placed in category E. He was therefore granted total exemption.
Mr B. Dodd was placed in class B by the military medical authorities and his application was rejected.
The applications of Mr Tomlinson, office of the Financial Commissioner and Mr J.F.B. Sutherland, bar-at-law, Moulmein were adjourned till the next sitting of the tribunal as their medical certificates had not been received.
L. Dawson, of the Agricultural Loan Company, Pyapon, having been placed in category D, he would receive total exemption for six months only.
The following who had been placed in class E by the medical authorities were granted total exemption: D.M. Bruce, Messrs. Walker & Whyte ; G.R. Neilson, Messrs. Binning & Co. ; G.S. Nicholas, Head Clerk of the office of the Superintending Engineer, Pegu Circle. ; H. Davies and J.A. O’Leary, British Burmah Petroleum Co. ; J.M. MacDonald, Messrs. Finlay Fleming & Co. ; Mr Trutwein, Bassein ; L. D’Attaides, Advocate, Bassein. Mr Miller, Moulmein, asked that his application might be withdrawn.
The President said that there was an application from the Chief Collector of Customs on behalf of Mr Thompson, and forty-one members of the Customs establishment. The Collector had intimated that the application would be modified. It would accordingly stand adjourned to the next hearing.
The Irrawaddy Flotilla Co. apple for total exemption for three recently joined junior engineers. Mr McDonnell said that his orders were that any engineer on any boat should be granted exemption in view of the importance of keeping open communications. His orders were not to oppose any application of this nature. The President: There was an application of the Irrawaddy Flotilla Co. for total exemption of Messrs. Davidson, Desmond and McNeikan. The tribunal have already given exemption to the Company in respect of their navigating and engineering staff on a generous scale and they do not propose to give any more. These applications are accordingly rejected.
Misc. Applications
There was an application for exemption by the Twinzas Oil Co. in respect of J.A. Murray, who was stationed at Minhla. Mr Murray was being dealt with by the Mandalay tribunal and his application to this tribunal was therefore rejected.
The medical certificates had not reached the tribunal in the cases of Mr Midwinter, Zigon ; Mr Powell, Superintendent of Land Records, Akyab ; Mr Campbell Burn, Bar-at-law, Toungoo, and the proceedings were adjourned until the next sitting of the tribunal. For a similar reason the applications of Mr Solomon, Chief Jailor, Myaungmya and Mr Murray, Clerk in the office of the Asst. Cable Censor, were adjourned.
There was an application of the Chief Secretary to the Government for exemption in respect of Mr O’Connor, Asst. Engineer, recently transferred from Maymyo to Tavoy. Mr O’Connor took the place of Mr Ricketts at Tavoy, in respect of whom the tribunal grated various exemptions at its last sitting. Those exemptions were now withdrawn from Mr Ricketts and were granted to Mr O’Connor.
The tribunal next considered an application of Mr Arratoon, Manager of the refreshment rooms at Thaton of Messrs. Barnes and Co. Mr Watts of Messrs. Arthur Barnes & Co., questioned by Mr McDonnell as to the nature of Mr Arratoon’s work, said he was Manager of the refreshment rooms. Q ; Why do you apply for exemption? - Because of the nature of his work. He is the Manager of the refreshment rooms and he cannot possibly attend drills at Moulmein and work at the refreshment rooms at Thaton at the same time.
Q : Can’t he find time for drills? – No. He is in charge of the refreshment rooms and he must be there for every train coming in and going out.
Q : Don’t you think he could have his drills along with other Europeans at Thaton? – He cannot possibly retain his appointment and carry out his drill. He cannot be in two places at the same time.
Q : Is it a fact – so I am informed by the military authorities – that you told him that he would be dismissed from his appointment if he did not get exemption? - I did not tell him he would be dismissed. I told him he would have to vacate his post. Q. : Does he not get any time off? - Yes, for certain hours.
Q : Does he not get any leave at all? - Yes, between the time the trains come in.
Q : From one year to another, does he not get any leave? - If he wishes to apply for leave, I will have to send a new manager to Thaton. He gets a month in a year.
Q : How many European employees have you in the refreshment rooms on the Burma Railways? - They are mostly Armenians.
Q : And those who are not Armenians, what are they? - They are Ceylonese. Q. : Can you replace him by a Ceylonese? - I can get a new man in his place.
Q : Do you think it right to threaten a man at a time like this, by saying that if he is not going to get exemption he will have to vacate his post? - I never intended any threat. If he wants to go on military service – Q. : The question is not what he wants, but what is wanted of him by Government. – I do not wish to oppose any man doing military service. I mean to say that no manager of a refreshment room can possibly retain his post and go and drill.
Major Pollard: The long and short of it is that you intend to dismiss this man if he does not get exemption? – No, I say he cannot do both, attend drills and do his work as refreshment room manager. Mr McDonnell: At the beginning of the war, some of your men were called out for military duty in Rangoon? - Yes.
Q : Did you protest? – No.
Q : Did you inform them that if they had to be away from their duties they would forfeit their pay for such time as they were away? – Certainly not.
Mr McDonnell produced a notice that Mr Watts had sent to his employees shortly after the war broke out. Mr Watts said that notice was not issued on account of the war. It was sent to the men because they were constantly stopping away from office, skulking from their work and he intimated to them that if they did not intend to do their work they would get no pay. That had absolutely nothing to do with the war at all.
Q : And you made no protest? - Absolutely none. I would encourage them to go if anyone wanted to go to the front and join the forces. I would give them a contribution as well when they were going. The manager of the refreshment rooms who had got to meet trains could not possibly go to drills.
Q : What trains has he got to meet? There is a train I know at 7-30 or 8 o’clock p.m. – Yes and others and he has then to attend to the dinner.
Q : Do you say that the drill hours, which last from 5 to 7 p.m. will prevent his attendance at the dinner hour? - He has to be there at least an hour before dinner hour.
Mr McDonnell told the tribunal that he had been asked by the military authorities to being this action of the firm to the notice of the tribunal. He though that it was quite clear that what the firm had done was to threaten at any rate one of their employees that he would lose his billet if he did not get exemption from military duties. Conduct of that kind was fortunately unusual in Rangoon. Messrs. Arthur Barnes enjoyed the unenviable distinction of being the only retail firm that had thought fit to make use of such a threat. He was asked to make it clear the if their action was persisted in, they would find that the military authorities would not be entirely powerless and he wished to warn them that unpatriotic conduct of that kind must necessarily recoil on the firm. Mr Watt said he was sorry that the board looked at the matter in the light it did. The President: We have not, as the tribunal, expressed any opinion one way to the other.
Mr Watts: I did not mean it as a threat. I did not see how the man could attend drills, and, therefore, I said if you do not get exemption, you will have to lose your appointment. And it certainly will happen that another man will be put in if he goes. There is no question about it. The same applies to any other firm. I wish the tribunal to understand that I do not wish to put any obstacles in the way of any man. If the men wish to go to the front they can go; and I say in this case that the man cannot drill at Moulmein and retain his appointment. Sir Arthur Binning: There is no training done at Thaton? Mr McDonnell: There is a Thaton company or section.
The President in disposing of the application said that Mr Arratoon was in the employ of Messrs. Arthur Barnes & Co. at Thaton. The tribunal thought that it should be possible for Mr Arratoon to do his military training and there were apparently facilities at Thaton of which Mr Watts was unaware. If Mr Arratoon desired exemption on the grounds of nationality his application should be made not to this tribunal. His application was rejected.
The application of Mr Francis of no. 39 Dufferin Street, for exemption on the ground of his employment, which was that of a rice mill Engineer, was rejected by the tribunal.
There was next considered an application of Mr McGee of the Burma Oil Co. at Allanmyo for exemption on the ground first that he was an American and secondly that he was engaged in work of national importance, namely, drilling an important well. The company asked for temporary total exemption for three months which the tribunal granted. If Mr McGee claimed to be an American, his application should be, in the opinion of the tribunal, made not to them, but to another authority – he thought to the District Magistrate.
Mr Parley was granted temporary total exemption for six months. He now complained of the drills. The tribunal considered that it had no jurisdiction to deal with a matter of that kind.
Mr Salvador of Zingyki, applied for total exemption on the ground that he was medically unfit, and secondly, that he was engaged in work of national importance. He was licensee of a wolfram concession, which was a small one and had not been working for nine months. The military medical board considered him fit for some military duty. The tribunal therefore rejected this application.
Mr Paul applied for an order from the tribunal to get him re-examined by the military medical board. That did not lie in the jurisdiction of the tribunal, who did not pass any orders on the application.
Mr Mitchell, Engineer, applied for total exemption in order that he might be able to proceed to Singapore to take up an appointment. He had applied for a passport, The tribunal granted him total exemption on condition that he left Burma within one month of the tribunal’s orders.
Messrs. Bulloch Bros., Akyab, applied for partial exemption for H.C. McEwen who was transferred to Chittagong. He applied originally for partial exemption, which was withdrawn. The tribunal could pass no orders now. When in Chittagong the tribunal thought he could apply to the proper tribunal there for exemption.
Mr Thompson of Akyab, applied for exemption on the ground that he was returning to the United Kingdom. He had subsequently withdrawn his application, in respect of which no orders were needed from the tribunal.
Mr Selkirk of Messrs. Jessop & Co. applied for partial exemption. Mr Fyffe of the same firm had been granted temporary exemption from general service until June 20th the date on which it was expected Mr Selkirk would arrive in Burma. Mr Selkirk had now arrived and the tribunal granted him partial exemption; Mr Fyffe’s exemption would automatically cease on June 20th.
Tavoy and Mergui Applications
The President said that the tribunal had been favoured with a report from Mr Brander, Deputy Commissioner of Tavoy, stating what his views were on the question of exemption which should be granted to Europeans engaged in the tungsten industry. Mr Brander’s views were as follows:- He divided the Europeans employed in the mines at Tavoy into three classed: (1) those who were stationed permanently at the mines: (2) those who were stationed permanently at Tavoy, that was to say, heads of offices of the mining firms; and (3) the inspecting staff, which was stationed part of the time in Tavoy and part of the time they spent going round the mines. Mr Brander’s views as regards exemptions which should be granted to those classes were as follows:- Those who were permanently employed at the mines should receive total exemption until the end of the war; those who were permanently stationed at Tavoy should received no exemption at all; whilst those who were stationed in Tavoy for part of the year and went round inspecting the mines in the other part of the year, should get partial exemption. The Chamber of Mines had also expressed their views. They divided the Europeans engaged in the tungsten mines in the same three classes as Mr Brander did. Their views as regards classes 1 and 3 were the same as Mr Brander’s ; but their view in regard to the heads of offices permanently in Tavoy differed from those of Mr Brander who considered that they should receive no exemption ; the Chamber thought that they should receive partial exemption.
The tribunal proceeded to consider the various applications in detail, beginning with the Tavoy concessions. Mr McDonnell said he had been asked by the military authorities to accept the views of the Deputy Commissioner of Tavoy and any exemptions that Mr Brander supported he would not oppose. The following were granted total exemption, in accordance with the recommendations of Mr Brander:- T.F. Williams, J.W. Campbell, H.R. Stanley, G.H. Marks, C. Smith, S.S. Young, G. Willison, F.J. Sweeney, W.C. Toms, A.W. Ross, F.W. Linck, J.A. Wellesley and M.A. Harigan. Mr C. Sutton, Manager in Tavoy, would receive partial exemption as asked for. In regard to Mr Saleem Mayatulla, his application would be adjourned until the next sitting of the tribunal in order that the company might report whether he had registered under the Indian Defence rules or not.
The Indawchaung Dredging and Tin Mining Co. applied for total exemption in respect of J.J. Milne, H.W. Booth and E.E.A. Williams which was granted.
The following who are permanently on the mines have been totally exempted on the application of Messrs. Radcliffe & Co. – H.H. Cooper, R.C. Farrant, C.N. Lyons, J.J. Sheppard, A.C. Calogreedy, H. Finlayson, J.W. Stocks, D.P. Leal, H.F. Lisle, J. Finlayson and M.N. Sinclair. Mr P.E. Illingworth, who was permanently stationed at Tavoy, was granted partial exemption.
The exemptions in all cases from Tavoy and Mergui of men engaged in the mining industry would cease at teh end of the ar.
The High Speed Steel Alloys Co. applied for exemption in respect of various employees at Tavoy and the orders of the tribunal were as follows:- Dr. W.R. Jones, Manager, will receive partial exemption ; H.R. Pepper, Chief Chemist, who had been placed in class E, will receive total exemption. Mr Davies, Superintendent of the Electric Magneto separating department, will receive partial exemption. The applications of the following were rejected:- A.W. Hothersall, Chemist and Assayer and J.R. Ditcher, Accountant. Mr Lee-Mitchell will receive three months temporary exemption. The following who were permanently employed on the company’s mines in the district, were granted total exemption:- C. Ellis, J.W. Greengrass, H.N. Rees, P. Doyle and C.T. Heal.
The tribunal granted the application of the Burma Mineral Co. for total exemption of B.J. Penkhum, F.A. Oakes and E.E. Wallenberg.
J.C. Burt and A. Thompson, who were engaged on the Pullato Mining Syndicate’s mines, were totally exempted.
W.A.R. Sutherland, who had left his appointment subsequent to the date on which his application was first in, had his application rejected by the tribunal.
The application of the B.B.T. Corporation for the total exemption of the following employed permanently on the mines was granted:- W. Mathews, A.B. Pebir, H.A. Tilbury, T.A. Madeson, A. Madeson, W.S. Wood, W.H. Olliwant, J. Gregory, P. Sharp, M.M. Manekji and C. Jennings.
The following from Steel Bros. were granted total exemption:- P.B.C. Watson, C.C. Johns, A.C. Plewes, W.J. Wilcox and E. Kelly ; and Mr W.J. Howison was granted partial exemption.
Messrs. Finlay Fleming & Co. asked for exemption in respect of various employees at Tavoy. W.R.C. Beadon asked for partial exemption, He was a volunteer officer. The tribunal by majority granted the application. The following employees of the firm were granted total exemption as they were permanently employed in the mines:- J. Doupe, J.P. Harley, S.V. Smith, W. Ross, C.C. Coy, C. Simpson, H.R. Mackilligin, C.D. de Souza and J. Nahapiet. J.W. Thorburn had withdrawn his application for total exemption, which was formally rejected.
W.A. Harrington’s application for total exemption on the ground that he was engaged in contracting work for Government was referred back to the Deputy Commissioner, Tavoy, for further information.
G. Robertson, who was engaged in agency work at Tavoy for Bulloch Bros. was by a majority of the tribunal granted exemption.
Mr Bateman, employed at the mines, Mergui, for Bulloch Bros. was granted total exemption and Mr Samuel, Managing Agent of the company at Tavoy and Mergui, partial exemption. The application on behalf of Mr Cuthbertson for the same company was rejected. Mr Cuthbertson was a volunteer.
Messrs. Wightman & Co. applied for exemption on behalf of Mr Jackson, who was engaged on mining work at Tavoy. He was granted three months total exemption, after which his case would be reconsidered.
W.A. Sutherland, employed at the mines at Mergui, applied for exemption and the tribunal referred to the Deputy Commissioner for further particulars.
The tribunal considered an application of E. Ahmed of Mergui in respect of Messrs. James and Benson, who were employed in his mines at Mergui. Mr James was granted total exemption and Mr Benson’s application was rejected.
Messrs. Speechly and Hall, Rubber Planters at Mergui, who applied for total exemption were granted partial exemption. Nao Yu was granted total exemption.
C.E. Jordan, C. Miller and V.A. Francis, of the Puchaung Mines, Tavoy, were granted total exemption.
The following employed at the wolfram mines at Tavoy were granted total exemption:- Messrs. O’Leary, James, Fowle, McDermott, Skinner, Kelly, Selvey, Browne, Griffiths, Wood, Keyworth, Mathews, Hursey, Wallenberg, Roland, Ady, Sydenham, S. Beale and L. Beale.
E. Crisp (69) and C. Kitchin (52) were both permanently exempted. F.G. Fitsherbert and R.C. N. Twite, Mining Engineers, Tavoy, were granted partial exemption and A. Otter, W.C. Richardson, J.N. Elliott, J.J. Timins and A.J. Godfrey were granted total exemption.
A.J. Wells, bar-at-law, Tavoy, who had been placed in category E was granted total exemption and J.J.A. Page, Metallurgist, partial exemption. The application of Mr Solomon, Tally Clerk, Tavoy, for permanent exemption was rejected.
Mr Gear applied for total exemption on the ground that he proposed to leave Burma. The tribunal had received no further information of his wish to leave the province and so they rejected his application.
G.V. Clark was granted total temporary exemption in order that he might give the tribunal further details as to the work on which he was to be employed. That information was given in camera to the tribunal ad Mr Clark was granted one year’s permanent exemption.
The application for exemption of Mr Philip, Engineer of Bulloch Bros. at Akyab, has been withdrawn.
The tribunal granted Mr L. Cox of the Sittang Valley Estate, total exemption until the end of the year, when the case would be up again for revision.
Mandalay
The exemption tribunal met on the 19th June with Mr Stevens, of the Municipal Office, as non-official member. The first application considered was from the Agent of the Burma Oil Co., Yenangyaung, for exemption from general service of Messrs. R.E. McCort, P. Scratch, A. Brown and C. Coutts, who are engaged in the work of drilling in the Yenangyaung field. It was resolved to grant them the exemption asked for and to allow them to complete their military training within six consecutive months from 1st June 1917, provided they continue in their present station and employ.
The next application was from the Managing Agents of the Indo-Burma Petroleum Co. on behalf of Dr. A.W.G. Bleeck and C.T. Berry of their Indaw staff, for total exemption from all military service up to 31st December 1917 ; and a further similar application on behalf of J.W. Beveridge (who had already been granted exemption from general service conditionally) because he had been transferred from Yenangyaung to Indaw, where he was working under the same conditions now as Messrs. Bleeck and Berry. The application was granted in each case subject to each continuing his present position and employ.
No reply had been received from the District Magistrate of Meiktila regarding the application of Mr P.O. Julius claiming exemption on the ground that he was not a European British subject. It was resolved to send a reminder to the District Magistrate.
The consideration of an application from the Manager of the Mawchi Mines Ltd. on behalf of the company’s employees, was postponed till the 27th instant the application having been received only the day before and therefore there being no time to make the necessary inquiries.
Mandalay Exemption Tribunal
A few remaining applications for exemption were dealt with ... The conditions under which W.L. Ashe, of the Burma Oil Company at Singu, was given exemption from general service on the 14th May last were altered to the following, namely, that he would have to go through the full musketry course, do his preliminary training of 60 hours within two months and after that two hours drill a week. It was decided that J.A. Murray, Agent, Twinzas Oil Company, Minhla, should be re-examined medically and send in a certificate in Form V. Mr B. Ward, Inspector in charge of the night conservancy of Mandalay, was granted exemption from general service. Similar exemption was granted in the cases of Mr L. O’Hara and Mr Larsen on the application of the Warden of the Yenangyaung Oil Fields and of Messrs. B.A. Harris, A.J. Dancey and B. Belletty on the application of the Controller of Military Accounts. The application of Mr George Apcar fro exemption from general service was refused.
Rangoon Exemption Tribunal
... The tribunal was composed of J.P. Hardiman, I.C.S., President, Major C.J.K. Pollard, R.A., Mr E.J. Holberton, the non-official member, T.R.F. McDonnell, appeared to represent the military authorities. ... The President announced that applications would be taken up in the following order 1. Revisions. 2. Medical. 3. Govt. Officers. 4. Miscellaneous. 5 Wolfram. 6. Municipality.
In regard to the first that of Mr B. McSweeney, Chemist of the refinery of Messrs. Finlay, Fleming & Co., Dunneedaw, the President said that Mr McSweeney was originally given partial exemption ; he now asked that that order might be revised and that the exemption be cancelled as he desired to be placed in the general service list. To that application the tribunal were very glad to consent.
The next was an application of the Geological Dept., of the Survey of India for revision of the original orders in respect of Messrs. Heron and Coggin Brown, Geologists, employed in encouraging the tungsten industry at Tavoy. The original application was for partial exemption for those two gentlemen which the tribunal granted. The Geological Dept. now found that that was not what they wanted. What they wanted was that these two should be totally exempted during the field season and partially exempted during the reminder of the year. That revision application the tribunal sanctioned in view of the importance of the tungsten industry.
The President said the next application was that of the Rangoon Electric Tramway and Supply Co. for revision of the orders passed in the case of Mr Dender and Mr Long. Mr Dender who was grated partial exemption, had now reverted to his previous occupation of Workshop Apprentice and in accordance with the original application granted, the exemption now ceased. In his place the company had appointed Mr Long, Switch Board Attendant, and they asked that he might be granted partial exemption. The tribunal sanctioned that application.
G.S. Blazey, who had recently returned from Mesopotamia, invalided, had on the last occasion applied for permanent exemption on medical grounds, and was asked to produce his military discharge certificate. He produced that document and the tribunal granted him total exemption.
R. Yaull, of the Rangoon Electric Tramway & Supply Co., applied for total exemption on medical grounds. Mr McDonnell: You are put in class A? - That was when I was examined before. Q: Now you are in class A. Are you not fit for service? - No. The President: Mr Yaull was re-examined on June 4th and classed A. Mr McDonnell: You will have to do military service under those circumstances. The tribunal could not accept Mr Yaull’s application on the certificate of the military medial board and accordingly rejected it.
The tribunal granted the application of Mr Midwinter, of Zigon, Tharrawaddy district, for total exemption on medical grounds, he having been placed in category E.
H.P. Powell, Superintendent of Land Records, Akyab, applied for total exemption on medical grounds. He had been placed in category D and was, therefore, exempted for six months.
Government Officers Applications
The next was an application from the Chief Secretary to the Government of Burma for exemption on behalf of fifty-nine officers of the Rangoon Town Police. All police officers in Burma, said the President, were exempted from general military service, that was to say, they had partial exemption. But owing to the nature of their duties, the Chief Secretary wrote it was not possible for those officers to perform local military service, nor could they undergo military training and at the same time discharge their police duties. Eleven of those officers were over forty-one years of age and forty-eight were under forty-one years of age. The tribunal sanctioned the application as prayed for.
The Chief Secretary also applied for partial exemption for Mr Fischer, Superintendent, Pakokku Hill Tracts. Mr Fischer’s name was omitted by mistake from the list of Deputy Commissioners on behalf of whom partial exemption was granted. The tribunal granted the application.
A Pleader’s Application
R.C. Litchfield, Pleader of Kyauktan, applied for total or partial exemption on the ground that his professional earnings would greatly suffer if he were taken away on general service training. In his petition Mr Litchfield said on June 12th 1917, he was medically examined and was informed by the Rangoon Brigade Office that he was placed in category A. He was then required to carry out his drills at Syriam under the Indian Defence Force. Up to June 25th he had put in 45 hours drills. In putting in those drills he had to neglect a considerable amount of his professional work owing to the hours of drill overlapping his working hours ; he had to sacrifice a large sum of his own money for travelling, boarding, messing etc. ; he was daily losing his clientele and income, owing to his clients believing that he might be sent into the firing line without any notice ; and if circumstances continued to be the same, he would entirely lose his practice. He therefore asked that he might be exempted from military service either in whole or part, or that any other concession might be granted him. Mr McDonnell: You are 36 years of age? – Yes.
Q : You ask for exemption on the ground that your professional income has decreased and will diminish further? – Yes, that is in substance my petition.
Q : You want total exemption? – I would like to be exempted from general service for three months in the year.
Q : Why should you be? - I submit that I am willing to go on service when it is absolutely necessary to do so.
Q : If other people can go, why not you? You will have to go on three months service – Other people are in Government service or in offices, while I have hot no other assistance besides my practice. Mr McDonnell: That is, I submit, a matter for the selection committee to consider. Your point is that if you go away, there is no one to support your wife and children. – Yes. The President in disposing of the application said that it was made on the grounds that the applicant’s professional earnings would greatly suffer if he were taken away on general service. The tribunal was of opinion that the matter was one which concerned the selection committee and not the tribunal. The application must, therefore, be rejected.
A Conscientious Objector
P.T. Rainford, a Seventh Day Adventist, of Pegu, applied for total exemption on the ground that he had surrendered his life to gospel work. He was working as a canvasser for the Seventh Day Adventists and was at present carrying on this work in Pegu. His name was on the register of the Rangoon Volunteer Rifles.
Mr McDonnell: Q : How old are you? - I am 39.
Q : Have you been medically examined? - Yes.
Q : In what class have you been placed? - I do not know.
Q : You base your application on the ground that you are engaged on missionary work? - Yes.
Q : But as a matter of fact you are not on the list of the members of religious denominations? - I am doing a class of religious work.
Q : As a lay preacher? - Yes.
Q : Then you do not come under the exemptions which are allowed to ministers of religion. – Yes I do.
Q : You know that there are members of various religious denominations including your own, who are taking part in the war? - Yes. I belonged to the Volunteer Rifles.
Q : You got exemption? – I got temporary exemption on a medical certificate.
Q : You will serve now if the medical examination directs you to do so? - I have asked to be exempted.
The President: Have you got a conscientious objection to fighting? – I have. Q : Why? - Because I have consecrated myself to the work of the gospel.
Q : Do you think that we and the Allies are on the right side – I do not mean the winning side, but as right minded men on the moral side? – In the Christian science we live to work for God and – Mr McDonnell: Are you a married man? – I am a bachelor.
Q : Have you got a sister? – Yes
Q : Have you got a mother? – My mother is dead.
Q : Did you read in the newspapers what the Germans gave been doing to the women in Belgium? – Yes.
Q : Do you not consider that the Belgians were justified in defending themselves against the Germans in their ill treatment of Belgian women? – Yes, it is very hard.
Q: Do you think the Belgians were justified in defending themselves against the Germans in the ill treatment of the women? – [Witnesses’ answer was inaudible at the press table.]
Q : You object to using any physical force? – Yes. Q : Did not Christ drive the money changers out of the temple? - Yes, that was righteous indignation.
Q : Is that not an exhibition of physical force? – Yes, he did that but –
Q : And was he blamed for it? - That was righteous indignation.
Major Pollard: How long have you been a Seventh Day Adventist? – Four years.
Q : You describe yourself as a canvasser? – Yes.
Q : Canvassing what? – Canvasser in literature and books.
Q : You are on the mercenary side? – I do not get much ; I get something.
Q : You are making a living out of it? – Some living, not very much.
Q : Still you are making a living? – Yes.
Mr Holberton: Suppose you get more for canvassing than is sufficient for bread and butter and food, what will you do with the balance of the money? – It will serve another purpose. Q : What other purpose? - It goes to the mission fund. That will depend upon the circumstance.
Q : That is to say you will keep it for your own profit? - Yes.
It seems to me that you have got the same trade as I have. Yours is in books, mine in timber, I don’t think you have the slightest claim to exemption.
The President: Have you formed any idea as to which side is on the right? – We have got to follow the Scriptures.
Major Pollard: You believe in other people defending you? – No, not quite.
Mr McDonnell: You are the only man in the whole of Burma with a conscientious objection. You set your opinion against the rest of the Europeans and Anglo-Indian inhabitants. Does not that strike you as very extraordinary? As a matter of fact the Act has been drawn up in a sensible way which does not require any conscientious objection.
In disposing of the application the President said that the applicant applied for total exemption on the ground of conscience. Mr Rainford was not amongst those who were exempted by the Act. The only grounds upon which a person, who was not exempted, might claim exemption were (1) that the work he was doing was in the national interests (2) that he was being educated and that his education was in the national interest and (3) on physical grounds. None of those three reasons existed in Mr Rainford’s case and consequently the tribunal had no jurisdiction to grant the exemption and rejected the application. They added that if they had a discretion in the matter they would certainly not exercise it in favour of Mr Rainford whose views they considered in the highest degree to be misguided and destructive.
The application of Mr Scriven, Watch Engineer, Compressor Station, Rangoon Municipality, was adjourned for further information.
Messrs Steel Bros. applied for total exemption on behalf of four applicants in the Tavoy district, who were engaged in working wolfram. Their names were Mr T. MacDermott, Zinba Mines, employed by A.E. Wallenburg & Co. ; Mr W. Wellington, Taungshin Taung Mines ; Mr C. Mathway, who worked on his own account and Mr Giap, Pa-in Mines, Thington. The Deputy Commissioner, Tavoy, whose opinion had been asked for, had reported that exemption should be granted in each case. The tribunal granted the applications.
Conclusion - The President said that was all the business before the tribunal. If there was another sitting, the fact would be intimated in the press.
Rangoon Exemption Tribunal
... composed of J.P. Hardman, I.C.S., President, Col. Pullen, Military member, Sir Arthur Binning, the non-official member.
Bank Applications
Mr Sitwell on behalf of the Bank of Bengal applied for total exemption for such of their assistants as were liable for service. The chairman said that the tribunal had read Mr Sitwell’s application. He thought that his list referred to the case of the officers of the bank of Calcutta.
Mr Sitwell: Yes, to the bank as a whole. Sir Arthur Binning: What does he claim?
Mr Sitwell: Total exemption.
Q : What is the number of your European staff at present? – Seven
Q : Before the war? – We had eight.
Q : You are then only one man short? – Yes and our work has increased on account of Govt. loans.
Q : What do you mean by Govt. Loans? – Government War Loans. I have got letters from Calcutta where they tell me that they have been working on five months at ten hours a day.
The chairman: How do you work with the Govt. Loans? We are short handed as it is and the extra accounts we have to keep is all extra work.
Q : Of your banking work the exports and imports accounts must have diminished? – No.
Q : Has the war had the effect of increasing it and adding to the extra ordinary work? - Yes.
Sir Arthur Binning: Beyond these extra accounts on account of the war there is no ground on which you are claiming exemption as preferential treatment? – Yes, we have the Govt. accounts and Govt. Loans to deal with.
Q : That is merely the same business as other banks do? – No, they have nothing to do with Govt. Loans.
Q : Does not the Accountant-General keep all the cash? – I actually keep all the cash. The Accountant-General keep a certain amount of notes.
The Chairman: Is your balance a secret? What is it now? – At present between 150 and 160 lakhs.
Sir Arthur Binning: How many of your men are here? – Two men are being taken for general service, excluding them we have five others.
Q : Are they all down on the general list? – On local service.
Q : They are only two for whom you are applying for permanent exemption? – Yes.
The Chairman: Two are on the active service list and the remaining three are either 41 or have received partial exemption and two have been exempted? – Yes, but the others are not 41.
Q : How much longer, do you think, is this extra work going to occupy your attention? – Until next year, either five, eight or twelve months. Some of the Loans are two year ones.
Sir Arthur Binning: You claim that your staff is overworked here? – Yes, I claim that if the men are taken away the work cannot be done in an efficient way.
The Chairman: Most establishments, Mr Sitwell, you know, are working shorthanded at preset. It is a common inconvenience now, is it not? - Yes, but we have additional work.
Sir Arthur Binning: If we made a precedent in your case would not other banks come here and also ask for exemption? – I do not see that. It is their own look out.
Colonel Pullen: You have been at it three years with the present staff? – Yes and none of our men has had leave since. Two men are going now. Three or four have never had a day’s leave.
The Chairman: Would it not suit you to leave it to the selection committee or arrange for three months time or such other time as would be most convenient to the bank to allow those two men to go on active service? - As a matter of fact three months would be inconvenient.
Q : You do not want the matter to be left to the selection committee? – No, I want it settled one way or the other. Sir Arthur Binning: Do you know the name of the group in which the other man is? – Hopson is in Group 8. Witness went on to say that the bank had given twenty-one men in all for military service and they had done everything that they could ; if they were forced to give more men it would be somewhat hard. Sir Arthur: You do not mean that you have given more than any other firm? Certainly more, in proportion to the work done by us. The Chairman: Among your European assistants there are some Anglo-Indians? Have you ever tried them? – I have never tried them. They have been tried before I was in the bank. The assistants must be men of experience. The Chairman said that the order of the committee, by a majority, was that the matter was one which should be left to the selection committee. The application was rejected. Mr Sitwell: Can I wait for the selection committee? The Chairman: Yes, you may wait for a quarters of an hour when the selection committee will be sitting.
Bombay Burma Trading Corpn.
Mr Holberton, of the B.B.T. Corpn., on behalf of Mr A.R. Anderson handed in to the tribunal a document which he said would assist it in its deliberations. The document contained certain particulars of the applicant’s health and movements. In December 1914 he was attached to the 90th Deccan Infantry, Agra ; then in March 1915 for one year he was attached to the 4th Rajputs on active service in Mesopotamia. In the summer of 1915 he collapsed twice with heat prostration. In January he contracted dysentery and colitis but continued to take part in the action on the Tigris in the attempt to relieve Kut.
After being in Agra hospital between March 2nd 1916 and June 3rd he went on leave for two months to Simla, from where he was invalided home. He sailed from Bombay on August 14th 1916. A London medical board extended his lave to March 13th 1917. On April 1917 a London medical board informed him he was unfit for any duty in India and that he could not be employed by the Indian Government at home any longer. The President of the board instructed him to apply for permission to resign. His resignation was finally accepted as from June 14th 1917 and he was granted leave to return to Burma, where he arrived on August 30th and resumed duty with the B.B.T.C.
The Chairman said that the only question was one of principle. Every one recognised the position of big timber firms. Colonel Pullen: Is this an application by the firm or by Mr Anderson personally? – By the firm. There is no personal question involved.
Q : You are only applying for him on behalf of the firm? – I do not think I have any standing otherwise. Colonel Pullen: You can speak on behalf of Mr Anderson? The Chairman: I see Mr Anderson was told by the India Officer that although he may be fit for duty in England, his health was seriously affected for duty here. He was told that he was absolutely useless for the Indian Army and it was necessary for him to leave England. Colonel Pullen: It appears to me – of course, of Mr Anderson’s case I do not know anything personally – he comes under the Indian Defence Force Act and the case cannot come up here before he is examined by the medial board. I think everyone s to be medically examined first.
Mr Holberton: We have not stuck to that on this tribunal on which I was a non-official member. There was the case of Mr Blazey, which is similar to that of Mr Anderson’s. In that case I made a strong protest. I said that that man had given his services for the nation and he should not be harassed further. The rest of the tribunal agreed with that view and Mr Blazey was exempted.
The Chairman: We had a certificate filed by Mr Blazey that he was discharged from the Army. Mr Blazey was discharged but Mr Anderson has resigned.
Mr Anderson: I was told to resign by the President of the medical board, London.
Colonel Pullen: But I think you were prepared to give your services in England? – They told me that it was open to me to apply for a commission in the British Army.
Q : You did not apply to the War Office for appointment? - Mr Anderson: No Sir.
Q : You resigned rather than Government give you your discharge and that is why your case is different from the other gentleman mentioned by Mr Holbertton? – Mr Anderson: I was told to resign.
Mr Holberton: I know there is one case in Finlay, Fleming & Co.’s officer, which has got to come up. Colonel Pullen: We shall have very many more cases coming up but I think officers must be examined medically first.
Mr Holberton: Do you think that after reading all the papers you have before you, in a case like this one the tribunal is not able to exempt. Colonel Pullen: I do not know what is your objection to Mr Anderson being examined?
Mr Holberton: My objection on the part of the firm is as follows:- Mr Anderson, I consider, will be passed as fit for service. I know if he drills on a wet day and undergoes anything arduous, he will get sick and we will lose his services. Mr Latimer is going out of our office to the India Office and we have not applied for exemption on that ground.
Colonel Pullen: I am looking at it as a matter of principle. I quite recognise your position in regard to Mr Anderson. The Chairman: The whole question is one of principle.
Mr Holberton: There is one other point. They have entirely refused to employ Mr Anderson and pay him at home. Have they any right now to employ him here? Have they any right to call upon him for anything?
Colonel Pullen: I do not think I can express an opinion on that. I was solely going on the matter that Mr Anderson had not gone through the medical examination.
The Chairman: That is the point. Are we not all giving our services, such as they are, for nothing, at any rate, except when one goes on active service? - Mr Anderson: I said I was an officer in the Indian Army Reserve of Officers. I am only too ready to continue serving in India. They said “We do not want you. You are unfit for duty, either active or military local duty of any sort. You must go and you must send in your application and resign.” So I did and I have come back here.
The board decided to grant Mr Anderson eighteen months temporary exemption.
Other applications
The tribunal considered the application of Mr McGee of the Burma Oil Co. working at Allanmyo. The Chairman said that Mr McGee was granted three months temporary total exemption on the ground of his being engaged in work of national interest, he being employed in the oil industry. Mr McGee claimed to be an American subject and the Deputy Commissioner, Thayetmyo, informed the tribunal that Mr McGee was an American. On the ground of race, therefore, he was granted total exemption.
G.H. Williams produced a medical certificate placing him in class E and he was granted total exemption on the ground of ill health.
The High Speed Steel Alloys Ltd., Tavoy, applied go partial exemption on behalf of Mr Hothersall, one of their Chemists. In the alternative the company asked for re-grouping in his case. The Deputy Commissioner did not consider exemption was needed and recommended re-grouping. The tribunal rejected the company’s application for exemption. The Chairman added that the application for re-grouping had already been considered at the last meeting of the selection committee.
Mr R. Spiers, Chief Engineer of the steamship Shwe Dagon, which belonged to the Indo Burma Petroleum Co. applied for temporary total exemption for six months on the ground that he was leaving India. The company stated that Mr Spiers was due to take his leave out of India, which would be granted him. The orders of the tribunal were that Mr Spiers would receive one month’s total exemption in order that he might obtain his passport and other necessary documents.
The Selection Committee
Further Appeals
At the close of the exemption tribunal sitting ... the selection committee assembled in the same room. It consisted of J.P. Hardiman, I.C.S., as President, Colonel Pullen as military member and Sir A.W. Binning, G. Blackstock, E.J. Holberton and J.A. Swan as non official members.
Mr Sitwell, Agent of the bank of Bengal, who was referred to this committee by the exemption tribunal a few minutes before applied to re-group Messrs. Beamish and Hopson. The President asked which group would suit the bank best. Mr Sitwell said that Mr Beamish was down in the 1-3 group and Mr Hopson in group 7-9. One assistant would go from April to June next. The first three months of the year were busy months for them. The committee decided to remove Mr Beamish from the first group to group 10-12. Mr Hopson was to remain where he was.
Mr W. Carlton of the National Bank of Indian, Rangoon, applied for transfer on the ground of ill health from group 1-2 to group 10-12 of the active list. He produced a medical certificate. The committee granted the application.
The last application was that of Mr Aaron for transfer to a later group on the ground that he was in sole charge of his business of oilman stores. The committee transferred him to the last group 10-12.
The committee then went into further cases of re-grouping and adjourned.
Selection Committee Meeting
Appeals in First Group
The selection committee formed under the Indian Defence Force Act, composed of J.P. Hardiman as President and Sir A. Binning, Colonel Pullen, G. Blackstock, E.J. Holberton, and J. Swan as members, assembled on Wednesday at the office of the Joint Secretary, P.W.D., Secretariat building, to hear appeals from men selected for general service under the act who are to proceed for three months duty on October 1st. The President said that the committee had received several applications for exemption, permanent or partial. The selection committee was not an exemption tribunal and could not deal with any applications for exemption. All that the selection committee could do after it had received from the military authorities the list of the groups of men to be sent away was to transfer a man either from one group to another or from one place to another in the same group. The selection committee, for instance might place a man from outside the active service list of a particular group to outside the waiting list and that might have the effect of freeing him from military service. But when the military authorities requisitioned the men in that group he would have to go and the selection committee could not give him permanent exemption.
Mr Kellock, Messrs. Gillanders Arbuthnot & Co. applied on behalf of Mr A.E. Forster, who was on the waiting list in group 9, as he had been asked by the exemption tribunal to make the application. The President said Mr Forster’s name was not in the list of those selected and the applicant could make his application when his name appeared. According to the present arrangements Mr Forster would not have to go for a long time.
A.V. Jeffrey, Manager of Messrs. Bowyer & Sowden, applied on behalf of Mr O.W. Fulcher, to have his name transferred from the group comprising numbers 1 – 3 to any other group. The committee transferred Mr Fulcher’s name to outside the waiting list of the group that will leave on April 1st.
J.R.L. Calder similarly applied to have his name transferred from the waiting list in the first group to outside the service list and outside the waiting list 1 – 3. The application was granted.
Similar orders were passed in the case of M.B. Padgett, the President remarking that in the event of his being called up by the military authorities or in case of a casualty the applicant would have to go.
W.G. Cooper, who was in the waiting list No. 1, was transferred to outside the waiting list in the first group 1 – 3.
J.H. Smillie, Public Works Dept., Secretariat, whose name appeared in the first group in the active list, said he had a temporary appointment and he was afraid of losing it if he were called away with that group. The committee transferred his name to the active service list in group 10 – 12, which would give him six months more within which to be confirmed and then he would be called up for active service.
A.J. Aaron applied to have his name, which was in the first group, transferred to a later group on the ground that his father had a brain affection and Dr. Pearse was attending him. The committee asked the applicant to produce a medical certificate in support of his statement and his case would be called on Saturday.
W.C.T. Mellican, who was in the first group, said he had applied to the Adjutant, Rangoon Vol. Rifles, for two month’s leave on medical certificate, which was granted him by Dr. Murray. He was now in class B and he was also going up for the law examination. Mr Holberton: Is your application supported by any school? – I am a Clerk in the Chief Secretary’s office and I am appearing for the next law examination. Sir Arthur Binning: The Chief Secretary has not applied? – I am applying on my own behalf. I have a law examination in May next. I have incurred some expenditure in connection with my studies. As I was in class B, I was under the impression that I would not be called up so soon. My examination will be interfered with. I do not mind going later on. I am going up for the Pleader’s examination. The President: How old are you? – 21. The committee’s order was that it saw no good reason for transferring the applicant from one group to another or changing the order of the group.
Mr Robertson of Messrs. Macgregor & Co. applied on behalf of certain assistants to be transferred from one group to another. The President said that the position was this. The firm had Mr T.W. Baird, Mr J.P. Inglis and Mr A.L.M. Easton on the active list. They would be transferred to group 7 – 9, so that they would not leave till April to June. The firm had three other men, Messrs. McKinnon, Burns and Wilson outside the waiting list. This being so, the selection committee considered that no action was necessary at present. Mr Robertson: What I want the selection committee to do is to review the order to men in the list. The President said that the selection committee had not had the time at present to arrange the later groups. Frequently revisions were coming in from the Adjutant, so that the list was not in its perfect form at present for the selection committee to consider all the groups. Mr Robertson said that as regards their forest men, if they were taken in May or June it would mean the closing down of their department. The President said that the selection committee would eventually adopt the principle not to take away men so that the business would be entirely closed down, but they would not at present enunciate that principle. Sir Arthur Binning: We will do everything we can.
The committee considered an application from Mr G. Scott for exemption from service on the ground that he had been already exempted in Maymyo, as he was leaving Burma. He had his passports. The President said that he could not do anything until he received a letter from the military authorities. Sir Arthur inning said that it was very important that Mr Scott should go in view of the difficulty of getting a steamer. The President told the applicant he would inform him as soon as he received the exemption certificate from the military authorities.
Messrs. J. & F. Graham & Co. applied on behalf of Mr Waller for transfer of his name from group 1 – 3 to group 4 – 6. The application was granted.
L. Bratley of Messrs. Brisbane & Bratley applied to be transferred from the December group to the March or June 1918 group. The selection committee transferred the applicant’s name to group 10 – 12.
Messrs. Whiteaway, Laidlaw & Co. applied for partial exemption on behalf of some of their assistants. The President said that this committee had no jurisdiction to deal with the application. No orders were therefore necessary on the application.
The Conservator of Forests, Pegu Circle, applied to regroup four of their forest officers, Messrs. Chenny, Mackenzie, Peacock and Alfred. The committee’s orders were that Mr Chenny and Mr Mackenzie should be placed in group 10 – 12, Mr Peacock should be transferred from the active list group 1 – 3 to the active list group 7 – 9 and Mr Alfred transferred from group 1 – 3 to group 10 – 12. The same officer applied to have the name of Mr A.C. Elmore transferred from the active service list to some group not to be called until 1918 as that would suit the forest officers timber operations. The committee transferred the applicant from group 1 – 3 to group 7 – 9.
The Conservator of Forests, Tenasserim Circle, applied for the regrouping of Mr Secluna, Extra Assistant Conservator of Forests and Mr D.H. Silvanus, Divisional Forest Officer. The President said that the selection committee was not prepared to change Mr Secluna’s group. As regards Mr Silvanus, who could not be spared by Government, the committee transferred him from group 1 – 3 to outside the waiting list in group 10 – 12.
Messrs. Foucar & Co. applied on behalf of Mr Waller, Moulmein Volunteer Artillery and Mr Robinson, for regrouping their names. The president said that the former did not appear in the selection list in group 1 – 3. Mr Robinson’s name did not appear on the Lower Burma list. Probably it did on the Upper Burma list. No orders were therefore necessary in either case.
Messrs. Barnes & Co. Undertakers, applied for the regrouping of Mr G. Federico. The firm represented that if Mr Federico was called away for any length of time the business would have to close down. The committee considered that as there was only one man in the business the applicant would be placed outside the waiting list in group 4 – 6.
The committee considered an application from the Conservator of Forests, Tenasserim Circle for regrouping various officers in that circle. The selection committee considered that Mr H.L.P. Walsh (40) whose services could not be spared at present without great inconvenience to Government, should be placed below the waiting list 1 – 3.
The following officers of the Tenasserim Forest Division were placed on the active list in groups 1 – 3.:- E.W. Dalton, Forest Ranger, Nyaunglebin, D.H. Munro, attached to the Pegu Divn., J.W.L. O’Hara, Sub-divnl. Forest Officer, West Salween.
The committee did not consider it necessary to deal with the application of Mr A. Watson for regrouping as his name did not appear in group 1 – 3.
The committee considered the application of Mr Salvador for exemption from military service to be one for disposal by the exemption tribunal and it could pass no orders thereon.
Messrs. Steel Bros. & Co. applied for the regrouping of D.A.R. Rawlings and H.M. Mathews. The committee transferred Mr Rawlings to the active list of group 4 – 6. No orders were necessary in the case of Mr Mathews as his name did not appear on the list in group 1 – 3.
Messrs. Steel Bros. & Co. applied in respect of Mr Hood, whose name was on the waiting list for the first period of service, but who had proceeded on leave from which he would not return until the middle of October. The committee decided to leave Mr Hood’s name on the first waiting list.
Mr C. de Jong applied for transfer of his name to group 10 – 12. The president said that Mr de Jong was over 41 years and no orders were necessary.
The Motor House Co. represented that it would be inconvenient to send away Mr A.L. Carruthers and Mr V.M. Bogle at the same time, both being on list 1 – 3. If arrangements could be made by which one or the other was sent away, it would suit their business better. The committee agreed and transferred Mr Carruther’s name to the active service list in group 4 – 6. Mr Bogle’s name would stand in group 1 – 3.
In regard to the application of Messrs. George Gordon & Co. the committee transferred the name of Mr Parkinson to the waiting list group 1 – 3 and considered that no orders were necessary in the case of Mr A. Scholes, whose name was outside the waiting list 1 – 3. Mr J. Stevens of the same firm was placed on the waiting list 1 – 3.
The application of Mr Chowdry, the committee transferred his name from the last group 10 – 12 to the second group 4 – 6.
On the application of Messrs. Bulloch Bros. the committee considered that no orders were necessary in either of the cases of Mr Chapple and Mr McLeish, who had already been exempted. The firm also applied for the transfer of Mr Benjamin’s name. The committee thought that no orders were necessary as his name did not appear in group 1 – 3.
On the application of Mr N.N. Saleh, the committee transferred his name from the first group to the third group, 7 – 9.
Mr C.N. Currie, Gunner, Burma Oil Co., Duneedaw, applied for transfer from the first batch to the last. The committee did not think good reasons had been shown for the change and refused the application.
On the application of Messrs. Morrison & Co. the committee transferred the name of K.M. Morrison, Partner of the firm, from group 1 – 3 to group 4 – 6.
On the application of the Director of Public Instruction, the committee transferred Mr Douglas from group 1 – 3 to group 7 – 9.
The committee considered an application for regrouping from the Chief Secretary in respect of Messrs. Silvanus, Deputy Conservator of Forests; Mr Dunkley , Headquarters Assistant, Tavoy ; A.P. L’Estrange, Superintendent, Land Records, Thayetmyo and Mr Barber, Military Assistant in the Supply of Munitions Board. The President said that Mr Silvanus’ case had already been dealt with.
Mr Barber had already got temporary exemption and no orders were needed. Mr Dunkley and Mr L’Estrange would be transferred from outside the waiting list to groups 4 – 6.
The committee transferred R.A. Charlwood of the Oriental Telephone & Electric Co. from the active list to outside the waiting list of group 1 – 3.
There was an application of Messrs. Stewart, Raeburn & Co. to remove the name of Mr Stewart from group 7. The President said that the applicant had already been granted partial exemption. No order were therefore needed.
The application of A.P. Whittaker, Assistant, Messrs. Macgregor & Co. for transfer to a later list as he was at present on medical leave was granted and he was transferred to group 10 – 12.
The Superintendent, Maritime Circle, applied for the transfer to a later group of Mr Hogan, Supervisor in the Public Works Dept. The selection committee were not prepared to change the original grouping.
Mr Robinson of Messrs. Robinson & McClumpha applied for transfer to a later group. He was the sole partner at present in Rangoon, the other partner being in Europe. He was expected back here at the end of December. The firm was supervising the construction of important buildings and under their agreement the work could not be transferred to other hands. The committee transferred Mr Robinson’s name to the active list in group 10 – 12.
Mr Carlton, who applied to be transferred to a later group on the ground of ill health, was asked to produce a medical certificate by Saturday.
On application of the Principle, Rangoon College, the committee transferred the name of T.J. Joseph (student) which was on the waiting list, to outside the waiting list in group 10 – 12. The applicant had been granted an engineering scholarship by the Government Engineering College at Sibpur and had to join about the middle of November.
On the application of the Commandant, Moulmein Volunteer Rifles, the committee transferred Mr Brady’s name from the first group to the last group and Mr Raphael’s name form the last to the first group. The committee was not prepared to transfer J.M.A. Raphael’s name from group 1 – 3 to some other group on medical grounds unless a medical certificate was produced.
The committee considered no orders were necessary on the application of the Executive Engineer, Town Lands Reclamation Works, for transfer of Mr Nasse from group 8 to the last group since his name did not appear in group 1 – 3, which was the only one the committee was at present considering.
On application of the Inspector General of Police the committee transferred Mr Bloech from group 7 – 9 to the waiting list 1 – 3.
The President said Mr J.C. Allan of the Indo-Burma Petroleum Co. applied for transfer to the Engineers section in order to avoid selection for the active service groups. Mr Allan was on the active service list group 1 – 3. The application was not supported by the firm. The statement in the application that the employee would not receive pay during the time he would be away was not substantiated and the committee did not see its way to take any action on the application.
The committee granted application of V.T.B. Battacharjee of the Rangoon Volunteer Rifles for transfer from a later group to the first group ; as also the application of A. Hothersall from the first group to group 7 – 9 and the application of J.H. Hirjee from a later group to group 1 – 3.
The Indo-Burma Petroleum Co. asked for exemption of D. Armstrong, Works Manager, from general service. The President said that the committee had no jurisdiction to pass an order on this application and no order was also required as the applicant was serving with the Electrical Engineers who would not be taken away from Burma.
The committee did not consider Mr Francks had made out a case for transfer from group 1 – 3 to a later group.
Messrs. C.R. Cowie & Co. applied for transfer of the names of Messrs. Hamilton and Black. The former was on the active service list in the first group and the other on the waiting list of the same group. The absence of two would inconvenience the firm and they asked that not more than one be taken at a time. The committee transferred Mr Black’s name to outside the waiting list in group 1 – 3.
C.C. Dover of the Dover Medical Hall applied for transfer from the first group to a later group. He expected to be able to make some arrangement from January 1st for someone to take his place. In order to give him time to make that arrangement, the committee transferred his name to group 7 – 9.
The committee removed the name of N.M. Campbell from the waiting list in group 1 – 3 on medical grounds.
Messrs. Joseph Heap & Co. applied for transfer of Mr Pusey from group 1 – 3 to some later group on the ground that another assistant of the firm, Mr Evans, was ill. The committee transferred Mr Pusey’s name to the active list in group 4 – 6.
The Controller of Munitions applied for exemption in respect of Messrs. McCarthy and Fisher, who were employed in the Munitions Board in Burma. Both officers were granted partial exemption and their names would be deleted from the group list.
Appeals in First Group
The selection committee formed under the Indian Defence Force Act, composed of J.P. Hardiman as President and Sir A. Binning, Colonel Pullen, G. Blackstock, E.J. Holberton, and J. Swan as members, assembled on Wednesday at the office of the Joint Secretary, P.W.D., Secretariat building, to hear appeals from men selected for general service under the act who are to proceed for three months duty on October 1st. The President said that the committee had received several applications for exemption, permanent or partial. The selection committee was not an exemption tribunal and could not deal with any applications for exemption. All that the selection committee could do after it had received from the military authorities the list of the groups of men to be sent away was to transfer a man either from one group to another or from one place to another in the same group. The selection committee, for instance might place a man from outside the active service list of a particular group to outside the waiting list and that might have the effect of freeing him from military service. But when the military authorities requisitioned the men in that group he would have to go and the selection committee could not give him permanent exemption.
Mr Kellock, Messrs. Gillanders Arbuthnot & Co. applied on behalf of Mr A.E. Forster, who was on the waiting list in group 9, as he had been asked by the exemption tribunal to make the application. The President said Mr Forster’s name was not in the list of those selected and the applicant could make his application when his name appeared. According to the present arrangements Mr Forster would not have to go for a long time.
A.V. Jeffrey, Manager of Messrs. Bowyer & Sowden, applied on behalf of Mr O.W. Fulcher, to have his name transferred from the group comprising numbers 1 – 3 to any other group. The committee transferred Mr Fulcher’s name to outside the waiting list of the group that will leave on April 1st.
J.R.L. Calder similarly applied to have his name transferred from the waiting list in the first group to outside the service list and outside the waiting list 1 – 3. The application was granted.
Similar orders were passed in the case of M.B. Padgett, the President remarking that in the event of his being called up by the military authorities or in case of a casualty the applicant would have to go.
W.G. Cooper, who was in the waiting list No. 1, was transferred to outside the waiting list in the first group 1 – 3.
J.H. Smillie, Public Works Dept., Secretariat, whose name appeared in the first group in the active list, said he had a temporary appointment and he was afraid of losing it if he were called away with that group. The committee transferred his name to the active service list in group 10 – 12, which would give him six months more within which to be confirmed and then he would be called up for active service.
A.J. Aaron applied to have his name, which was in the first group, transferred to a later group on the ground that his father had a brain affection and Dr. Pearse was attending him. The committee asked the applicant to produce a medical certificate in support of his statement and his case would be called on Saturday.
W.C.T. Mellican, who was in the first group, said he had applied to the Adjutant, Rangoon Vol. Rifles, for two month’s leave on medical certificate, which was granted him by Dr. Murray. He was now in class B and he was also going up for the law examination. Mr Holberton: Is your application supported by any school? – I am a Clerk in the Chief Secretary’s office and I am appearing for the next law examination. Sir Arthur Binning: The Chief Secretary has not applied? – I am applying on my own behalf. I have a law examination in May next. I have incurred some expenditure in connection with my studies. As I was in class B, I was under the impression that I would not be called up so soon. My examination will be interfered with. I do not mind going later on. I am going up for the Pleader’s examination. The President: How old are you? – 21. The committee’s order was that it saw no good reason for transferring the applicant from one group to another or changing the order of the group.
Mr Robertson of Messrs. Macgregor & Co. applied on behalf of certain assistants to be transferred from one group to another. The President said that the position was this. The firm had Mr T.W. Baird, Mr J.P. Inglis and Mr A.L.M. Easton on the active list. They would be transferred to group 7 – 9, so that they would not leave till April to June. The firm had three other men, Messrs. McKinnon, Burns and Wilson outside the waiting list. This being so, the selection committee considered that no action was necessary at present. Mr Robertson: What I want the selection committee to do is to review the order to men in the list. The President said that the selection committee had not had the time at present to arrange the later groups. Frequently revisions were coming in from the Adjutant, so that the list was not in its perfect form at present for the selection committee to consider all the groups. Mr Robertson said that as regards their forest men, if they were taken in May or June it would mean the closing down of their department. The President said that the selection committee would eventually adopt the principle not to take away men so that the business would be entirely closed down, but they would not at present enunciate that principle. Sir Arthur Binning: We will do everything we can.
The committee considered an application from Mr G. Scott for exemption from service on the ground that he had been already exempted in Maymyo, as he was leaving Burma. He had his passports. The President said that he could not do anything until he received a letter from the military authorities. Sir Arthur inning said that it was very important that Mr Scott should go in view of the difficulty of getting a steamer. The President told the applicant he would inform him as soon as he received the exemption certificate from the military authorities.
Messrs. J. & F. Graham & Co. applied on behalf of Mr Waller for transfer of his name from group 1 – 3 to group 4 – 6. The application was granted.
L. Bratley of Messrs. Brisbane & Bratley applied to be transferred from the December group to the March or June 1918 group. The selection committee transferred the applicant’s name to group 10 – 12.
Messrs. Whiteaway, Laidlaw & Co. applied for partial exemption on behalf of some of their assistants. The President said that this committee had no jurisdiction to deal with the application. No orders were therefore necessary on the application.
The Conservator of Forests, Pegu Circle, applied to regroup four of their forest officers, Messrs. Chenny, Mackenzie, Peacock and Alfred. The committee’s orders were that Mr Chenny and Mr Mackenzie should be placed in group 10 – 12, Mr Peacock should be transferred from the active list group 1 – 3 to the active list group 7 – 9 and Mr Alfred transferred from group 1 – 3 to group 10 – 12. The same officer applied to have the name of Mr A.C. Elmore transferred from the active service list to some group not to be called until 1918 as that would suit the forest officers timber operations. The committee transferred the applicant from group 1 – 3 to group 7 – 9.
The Conservator of Forests, Tenasserim Circle, applied for the regrouping of Mr Secluna, Extra Assistant Conservator of Forests and Mr D.H. Silvanus, Divisional Forest Officer. The President said that the selection committee was not prepared to change Mr Secluna’s group. As regards Mr Silvanus, who could not be spared by Government, the committee transferred him from group 1 – 3 to outside the waiting list in group 10 – 12.
Messrs. Foucar & Co. applied on behalf of Mr Waller, Moulmein Volunteer Artillery and Mr Robinson, for regrouping their names. The president said that the former did not appear in the selection list in group 1 – 3. Mr Robinson’s name did not appear on the Lower Burma list. Probably it did on the Upper Burma list. No orders were therefore necessary in either case.
Messrs. Barnes & Co. Undertakers, applied for the regrouping of Mr G. Federico. The firm represented that if Mr Federico was called away for any length of time the business would have to close down. The committee considered that as there was only one man in the business the applicant would be placed outside the waiting list in group 4 – 6.
The committee considered an application from the Conservator of Forests, Tenasserim Circle for regrouping various officers in that circle. The selection committee considered that Mr H.L.P. Walsh (40) whose services could not be spared at present without great inconvenience to Government, should be placed below the waiting list 1 – 3.
The following officers of the Tenasserim Forest Division were placed on the active list in groups 1 – 3.:- E.W. Dalton, Forest Ranger, Nyaunglebin, D.H. Munro, attached to the Pegu Divn., J.W.L. O’Hara, Sub-divnl. Forest Officer, West Salween.
The committee did not consider it necessary to deal with the application of Mr A. Watson for regrouping as his name did not appear in group 1 – 3.
The committee considered the application of Mr Salvador for exemption from military service to be one for disposal by the exemption tribunal and it could pass no orders thereon.
Messrs. Steel Bros. & Co. applied for the regrouping of D.A.R. Rawlings and H.M. Mathews. The committee transferred Mr Rawlings to the active list of group 4 – 6. No orders were necessary in the case of Mr Mathews as his name did not appear on the list in group 1 – 3.
Messrs. Steel Bros. & Co. applied in respect of Mr Hood, whose name was on the waiting list for the first period of service, but who had proceeded on leave from which he would not return until the middle of October. The committee decided to leave Mr Hood’s name on the first waiting list.
Mr C. de Jong applied for transfer of his name to group 10 – 12. The president said that Mr de Jong was over 41 years and no orders were necessary.
The Motor House Co. represented that it would be inconvenient to send away Mr A.L. Carruthers and Mr V.M. Bogle at the same time, both being on list 1 – 3. If arrangements could be made by which one or the other was sent away, it would suit their business better. The committee agreed and transferred Mr Carruther’s name to the active service list in group 4 – 6. Mr Bogle’s name would stand in group 1 – 3.
In regard to the application of Messrs. George Gordon & Co. the committee transferred the name of Mr Parkinson to the waiting list group 1 – 3 and considered that no orders were necessary in the case of Mr A. Scholes, whose name was outside the waiting list 1 – 3. Mr J. Stevens of the same firm was placed on the waiting list 1 – 3.
The application of Mr Chowdry, the committee transferred his name from the last group 10 – 12 to the second group 4 – 6.
On the application of Messrs. Bulloch Bros. the committee considered that no orders were necessary in either of the cases of Mr Chapple and Mr McLeish, who had already been exempted. The firm also applied for the transfer of Mr Benjamin’s name. The committee thought that no orders were necessary as his name did not appear in group 1 – 3.
On the application of Mr N.N. Saleh, the committee transferred his name from the first group to the third group, 7 – 9.
Mr C.N. Currie, Gunner, Burma Oil Co., Duneedaw, applied for transfer from the first batch to the last. The committee did not think good reasons had been shown for the change and refused the application.
On the application of Messrs. Morrison & Co. the committee transferred the name of K.M. Morrison, Partner of the firm, from group 1 – 3 to group 4 – 6.
On the application of the Director of Public Instruction, the committee transferred Mr Douglas from group 1 – 3 to group 7 – 9.
The committee considered an application for regrouping from the Chief Secretary in respect of Messrs. Silvanus, Deputy Conservator of Forests; Mr Dunkley , Headquarters Assistant, Tavoy ; A.P. L’Estrange, Superintendent, Land Records, Thayetmyo and Mr Barber, Military Assistant in the Supply of Munitions Board. The President said that Mr Silvanus’ case had already been dealt with.
Mr Barber had already got temporary exemption and no orders were needed. Mr Dunkley and Mr L’Estrange would be transferred from outside the waiting list to groups 4 – 6.
The committee transferred R.A. Charlwood of the Oriental Telephone & Electric Co. from the active list to outside the waiting list of group 1 – 3.
There was an application of Messrs. Stewart, Raeburn & Co. to remove the name of Mr Stewart from group 7. The President said that the applicant had already been granted partial exemption. No order were therefore needed.
The application of A.P. Whittaker, Assistant, Messrs. Macgregor & Co. for transfer to a later list as he was at present on medical leave was granted and he was transferred to group 10 – 12.
The Superintendent, Maritime Circle, applied for the transfer to a later group of Mr Hogan, Supervisor in the Public Works Dept. The selection committee were not prepared to change the original grouping.
Mr Robinson of Messrs. Robinson & McClumpha applied for transfer to a later group. He was the sole partner at present in Rangoon, the other partner being in Europe. He was expected back here at the end of December. The firm was supervising the construction of important buildings and under their agreement the work could not be transferred to other hands. The committee transferred Mr Robinson’s name to the active list in group 10 – 12.
Mr Carlton, who applied to be transferred to a later group on the ground of ill health, was asked to produce a medical certificate by Saturday.
On application of the Principle, Rangoon College, the committee transferred the name of T.J. Joseph (student) which was on the waiting list, to outside the waiting list in group 10 – 12. The applicant had been granted an engineering scholarship by the Government Engineering College at Sibpur and had to join about the middle of November.
On the application of the Commandant, Moulmein Volunteer Rifles, the committee transferred Mr Brady’s name from the first group to the last group and Mr Raphael’s name form the last to the first group. The committee was not prepared to transfer J.M.A. Raphael’s name from group 1 – 3 to some other group on medical grounds unless a medical certificate was produced.
The committee considered no orders were necessary on the application of the Executive Engineer, Town Lands Reclamation Works, for transfer of Mr Nasse from group 8 to the last group since his name did not appear in group 1 – 3, which was the only one the committee was at present considering.
On application of the Inspector General of Police the committee transferred Mr Bloech from group 7 – 9 to the waiting list 1 – 3.
The President said Mr J.C. Allan of the Indo-Burma Petroleum Co. applied for transfer to the Engineers section in order to avoid selection for the active service groups. Mr Allan was on the active service list group 1 – 3. The application was not supported by the firm. The statement in the application that the employee would not receive pay during the time he would be away was not substantiated and the committee did not see its way to take any action on the application.
The committee granted application of V.T.B. Battacharjee of the Rangoon Volunteer Rifles for transfer from a later group to the first group ; as also the application of A. Hothersall from the first group to group 7 – 9 and the application of J.H. Hirjee from a later group to group 1 – 3.
The Indo-Burma Petroleum Co. asked for exemption of D. Armstrong, Works Manager, from general service. The President said that the committee had no jurisdiction to pass an order on this application and no order was also required as the applicant was serving with the Electrical Engineers who would not be taken away from Burma.
The committee did not consider Mr Francks had made out a case for transfer from group 1 – 3 to a later group.
Messrs. C.R. Cowie & Co. applied for transfer of the names of Messrs. Hamilton and Black. The former was on the active service list in the first group and the other on the waiting list of the same group. The absence of two would inconvenience the firm and they asked that not more than one be taken at a time. The committee transferred Mr Black’s name to outside the waiting list in group 1 – 3.
C.C. Dover of the Dover Medical Hall applied for transfer from the first group to a later group. He expected to be able to make some arrangement from January 1st for someone to take his place. In order to give him time to make that arrangement, the committee transferred his name to group 7 – 9.
The committee removed the name of N.M. Campbell from the waiting list in group 1 – 3 on medical grounds.
Messrs. Joseph Heap & Co. applied for transfer of Mr Pusey from group 1 – 3 to some later group on the ground that another assistant of the firm, Mr Evans, was ill. The committee transferred Mr Pusey’s name to the active list in group 4 – 6.
The Controller of Munitions applied for exemption in respect of Messrs. McCarthy and Fisher, who were employed in the Munitions Board in Burma. Both officers were granted partial exemption and their names would be deleted from the group list.
Commercial Traveller Exempted
The Dist. Magistrate on Wednesday disposed of the application of Mr H.C. Ward, Commercial Traveller, residing in the Strand Hotel, for exemption from military service. His worship said Mr H.C. Ward stated that he was not ordinarily resident in British India. “I have examined him on oath. He has produced his passport, a certificate of exemption from military service in England and other documents which bear out his statements. It appears that he is merely in Indian on business connected with his firm and when this is completed he will proceed elsewhere. His ordinary domicile is in England and he had never in any sense of the word been resident in British India. Under section 9 of the Indian Defence Act, III of 1917, I declare that Harry Collins Ward is not ordinarily resident in British India and is therefore not liable to military service under the act.”
The Dist. Magistrate on Wednesday disposed of the application of Mr H.C. Ward, Commercial Traveller, residing in the Strand Hotel, for exemption from military service. His worship said Mr H.C. Ward stated that he was not ordinarily resident in British India. “I have examined him on oath. He has produced his passport, a certificate of exemption from military service in England and other documents which bear out his statements. It appears that he is merely in Indian on business connected with his firm and when this is completed he will proceed elsewhere. His ordinary domicile is in England and he had never in any sense of the word been resident in British India. Under section 9 of the Indian Defence Act, III of 1917, I declare that Harry Collins Ward is not ordinarily resident in British India and is therefore not liable to military service under the act.”
Rangoon Exemption Tribunal
The Rangoon Exemption Tribunal held a sitting at 11 a.m. ... The Tribunal was composed of J.P. Hardiman, I.C.S. as President, Major L.D. Chambers 18th (London) Battalion, the Rifle Brigade, military member and E.J. Holberton, non-official member. T.F.R. McDonnell, representative of the military authorities, was not present. ... The President said that Dr. Marshall’s application for revision had only reached him that morning and he could therefore pass no orders on it at that meeting. The application was for total exemption. Dr. Marshall was granted temporary total exemption for six months, which would expire on November 24th. The case would be taken up at the next meeting.
The President said that the next application was that of the Mawchi Mines for total exemption in respect of G. McGregor, a new employee of the mines. The tribunal granted total exemption.
The President said there was an application from T.R. Calvert of Messrs. Whiteaway, Laidlaw & Co. for total exemption of himself on the ground, amongst others, that no European in his employ had any exemption and consequently it became necessary for him to close the premises very much earlier than otherwise on the days that he had to drill. The case was originally dealt with by the tribunal of which Mr Trench was the non-official member. Mr Trench unfortunately was not in Rangoon. The tribunal decided to take up the application at the next meeting after Mr Trench’s return.
The tribunal considered an application from the Mawchi Mines for total exemption for Mr Ross Brown, Transport Officer at the mines. The Deputy Commissioner recommended total exemption, which the tribunal granted.
Messrs. G. McKenzie & Co. applied on behalf of H.T. Smith, of Tavoy, for total exemption on the ground that he was working single-handed in the Tavoy branch. The President: Do you apply for total or partial exemption. Mr McKenzie said he was applying for total exemption. The president said the tribunal had not been able to give the military representative proper notice and consequently he had not seen the proceedings. The application would therefore have to wait till the next meeting.
The tribunal granted the application of the Hermyingyi Mining Co. for total exemption in respect of Mr Begbie, employed as a miner at the mine.
J.A. Gregory, applied for total exemption on the ground that he was employed in the Zinzaik wolfram mine, Thaton District. The Deputy Commissioner, however, was unable to say that the work was of national importance in view of the fact that the concession was producing very little. The tribunal could not see its way to granting the application, which was rejected.
W.L. Palmer, Agent for the Siamese Government at Moulmein, applied for the original order passed in his case to be modified. He was granted total exemption and now wrote to say that he had obtained permission to perform local military service. The tribunal cancelled the original order and granted him partial exemption.
The tribunal considered an application from R.C.M. Twite, Mining Engineer, Tavoy, for total exemption. The Deputy Commissioner recommended total exemption which was granted.
R. Ady of Tavoy, applied for total exemption in respect of Mr G. Smith, employed on the Bawdwin Mines. The Deputy Commissioner recommended total exemption, which was granted by the tribunal.
J.C. Sutherland, of Insein, applied for partial exemption on the ground of domestic inconvenience if he was made subject to general military service. The tribunal did not see its way to granting the application.
E. Savielle, of Payathonzu, applied for partial exemption also on the ground of domestic inconvenience. The tribunal considered that the matter was one for the selection committee to settle and they were not prepared to grant any exemption.
Mr Lee-Mitchell, late of the High Speed Steel Alloys Ltd. applied for total exemption on the ground that he was leaving Burma. The tribunal granted temporary total exemption for one month.
This was all the business before the tribunal. The date of the next meeting will be notified in the press.
The Rangoon Exemption Tribunal held a sitting at 11 a.m. ... The Tribunal was composed of J.P. Hardiman, I.C.S. as President, Major L.D. Chambers 18th (London) Battalion, the Rifle Brigade, military member and E.J. Holberton, non-official member. T.F.R. McDonnell, representative of the military authorities, was not present. ... The President said that Dr. Marshall’s application for revision had only reached him that morning and he could therefore pass no orders on it at that meeting. The application was for total exemption. Dr. Marshall was granted temporary total exemption for six months, which would expire on November 24th. The case would be taken up at the next meeting.
The President said that the next application was that of the Mawchi Mines for total exemption in respect of G. McGregor, a new employee of the mines. The tribunal granted total exemption.
The President said there was an application from T.R. Calvert of Messrs. Whiteaway, Laidlaw & Co. for total exemption of himself on the ground, amongst others, that no European in his employ had any exemption and consequently it became necessary for him to close the premises very much earlier than otherwise on the days that he had to drill. The case was originally dealt with by the tribunal of which Mr Trench was the non-official member. Mr Trench unfortunately was not in Rangoon. The tribunal decided to take up the application at the next meeting after Mr Trench’s return.
The tribunal considered an application from the Mawchi Mines for total exemption for Mr Ross Brown, Transport Officer at the mines. The Deputy Commissioner recommended total exemption, which the tribunal granted.
Messrs. G. McKenzie & Co. applied on behalf of H.T. Smith, of Tavoy, for total exemption on the ground that he was working single-handed in the Tavoy branch. The President: Do you apply for total or partial exemption. Mr McKenzie said he was applying for total exemption. The president said the tribunal had not been able to give the military representative proper notice and consequently he had not seen the proceedings. The application would therefore have to wait till the next meeting.
The tribunal granted the application of the Hermyingyi Mining Co. for total exemption in respect of Mr Begbie, employed as a miner at the mine.
J.A. Gregory, applied for total exemption on the ground that he was employed in the Zinzaik wolfram mine, Thaton District. The Deputy Commissioner, however, was unable to say that the work was of national importance in view of the fact that the concession was producing very little. The tribunal could not see its way to granting the application, which was rejected.
W.L. Palmer, Agent for the Siamese Government at Moulmein, applied for the original order passed in his case to be modified. He was granted total exemption and now wrote to say that he had obtained permission to perform local military service. The tribunal cancelled the original order and granted him partial exemption.
The tribunal considered an application from R.C.M. Twite, Mining Engineer, Tavoy, for total exemption. The Deputy Commissioner recommended total exemption which was granted.
R. Ady of Tavoy, applied for total exemption in respect of Mr G. Smith, employed on the Bawdwin Mines. The Deputy Commissioner recommended total exemption, which was granted by the tribunal.
J.C. Sutherland, of Insein, applied for partial exemption on the ground of domestic inconvenience if he was made subject to general military service. The tribunal did not see its way to granting the application.
E. Savielle, of Payathonzu, applied for partial exemption also on the ground of domestic inconvenience. The tribunal considered that the matter was one for the selection committee to settle and they were not prepared to grant any exemption.
Mr Lee-Mitchell, late of the High Speed Steel Alloys Ltd. applied for total exemption on the ground that he was leaving Burma. The tribunal granted temporary total exemption for one month.
This was all the business before the tribunal. The date of the next meeting will be notified in the press.
The Exemption Tribunal
The exemption tribunal with Mr J.P. Hardiman as President and Major L.D. Chambers, Rifle Brigade (military member,) and A.R. Finlay, Messrs. Begbie & Co. (non official member,) on Thursday met the secretary to consider further application for exemptions… There were also present R.H. Trench, non official members and T.F.R. McDonnell the military representative.
The tribunal considered the application of Steel Bros. on behalf of their Rice Mill Engineers, Messrs. Gerard, Crawford, Crombie, Hutton and Nicoll, to continue the partial exemption they had already received. The tribunal passed orders granting partial exemption until further notice.
The revision case of Messrs. Arracan & Co. with regard to Mr Law, Engineer, who had been granted three months total exemption was considered. The tribunal granted partial exemption until further notice.
In connection with the applications of Messrs. Joseph Heap & Sons with regard to the case of Mr Thompson, Mill Engineer, who had already been granted partial exemption the tribunal passed orders that his exemption should continue until further notice.
The application of the British Burma Petroleum Co. for exemption in respect of their Mill Engineers, Messrs. Oliphant, Watt and Weir, was considered. The orders of the tribunal were that partial exemption should continue until further notice.
The tribunal considered the application of Mr Calvert of Messrs. Whiteaway, Laidlaw & Co. for total exemption on several grounds, one of which was that there was no one to close the shop on Friday, the drill day, as all his responsible European assistants, including himself, had to turn out for drill. Mr McDonnell inquired whether it would not be possible to close the shop at 4 p.m. for one day in the week. Mr Calvert said that by doing so considerable business would be lost. Besides, he would have to consult the Trades Association about that.
Mr McDonnell asked if Mr Calvert was aware that the shops at home closed early for a day or two in a week. Mr Calvert said he was not aware of that. His firm closed early on Saturdays, but that was not a drill day.
Mr McDonnell: Would it not be possible to keep open on Saturday afternoon to make up for the loss on a Friday? Mr Calvert: We could not do it unless we got the consent of other forms in Rangoon. The others will object.
Mr McDonnell: Could you not move the Trades Association to do this? Mr Calvert: I should not like to.
Mr Hardiman: What are your hours? Mr Calvert: 5 p.m. every day, except on Saturdays, when we close at 3.
Mr Hardiman: How many men have you got exempted? Mr Calvert: None. Mr Milward was partially exempted but is now liable for general service.
Mr Hardiman: How does Rowe & Co. manage? Mr Calvert: I think Mr Blackstock stays behind to close the shop.
Continuing, Mr Calvert said a great amount of responsibility was attached to the closing up. Mr McDonnell said he had received instructions to oppose the application. He was quite certain that the Trades Association would agree to close at 4 p.m. on Friday.
Mr Trench: How many European employees have you in the shop altogether? Mr Calvert: Nine. Before the war I had 25 or 30.
Mr Calvert said as another manager was coming out he did not know how things stood and perhaps they might be able to come to some arrangement about drills then.
The members if the tribunal left to consider their decision. On returning the President asked when Mr Calvert’s colleague would be in Burma and what his age was? Mr Calvert said he did not know when his colleague would arrive in Burma but he expected him very soon. He was over 41.
Mr Mc Donnell: They could the arrange with the military authorities to be enlisted in different corps, so that they would have to drill on different days. The Commandant of the corps could always arrange that. The tribunal understood that it might be possible for the military authorities to arrange that Mr Calvert’s colleague, who would be here in a short time, should drill on different days and being over 41 he would only be liable for local service. The tribunal could not see their way to grant the exemption asked for. But if it was found impossible to arrange the drill days, the tribunal would reconsider the application.
Mr R.S. Steavens, late second mate on one of the Burma Oil Company’s steamers, was granted one month’s total exemption to apply for a passport, as he was leaving Burma for Singapore.
Mr H.A. Rees of Messrs. George Gillespie & Co. who had been granted partial exemption for six months which had expired, was allowed similar exemption until further notice.
Mr Weller, Assistant Harbour Master, was granted twelve months total exemption on medical grounds. Mr Weller was applying for a passport to go to England.
The tribunal rejected the application of the Port Commissioners, asking for total exemption for Messrs. LeFevre and Lewis, Commander and Second Engineer respectively of tugs in the Rangoon harbour, who had returned from Basra and both of whom were over 40.
The tribunal granted total exemption to Mr Fitzherbert, Miner of Tavoy, who had been recommended for exemption by the Deputy Commissioner there.
Mr W. Bellety, Marine Engineer, was granted one month’s total exemption to enable him to apply for a passport to go to Singapore.
The application of Messrs. G. McKenzie & Co. for total exemption on behalf of Mr H.T. Smith, Manager at their new garage in Tavoy, was referred to the Deputy Commissioner of Tavoy for orders.
In connection with the application of the Hon. Mr L.H. Saunders, Judicial Commissioner, Upper Burma, for total exemption, the President said that the Local Government has asked for Mr Saunders’ exemption and it had already been granted.
The application of the Commissioner of Police for total exemption for Mr E. Brown, Deputy Superintendent of Police and Messrs. Habgood and Ross, District Superintendents of Police, was granted.
Total exemption was granted to Mr Speechley, Manager of the Burma Development Syndicate, Maliwun, who was up to the present liable to local service.
Total exemption was granted to Dr. H.H. Marshall, Health Officer, Rangoon Municipality, on medical grounds.
Partial exemption was given to Mr Pendlebury, Assistant Engineer, British Burma Petroleum Co.
One month’s temporary total exemption was granted to Mr Spiers, Chief Engineer of an Indo-Burma Petroleum Co.’s steamer, as the last temporary exemption given had expired and the company could not see their way to grant him leave as intended.
The tribunal considered the application of Messrs. Finlay Fleming & Co. for partial exemption for two of their office assistants dealing with oil work, Messrs. O. Tindall and R. Smith, as the firm had recently sent two of their assistants home on sick leave for an indefinite period. The tribunal granted the exemption asked for in view of the importance of the oil industry.
The application of Mr Collingwood of the Anglo-Swiss Condensed Milk Co. for partial exemption was considered. Mr Collingwood, the President said, applied for partial exemption and was granted partial exemption until such time as he could find an older man to replace him, but he said that his efforts had been unsuccessful. The tribunal regretted they could not see their way to grant the application and thought that the case was one for which should be dealt with by the selection committee.
Mr Manuel, aged 50, a Hindu, was granted total exemption. That was all the business.
Rangoon Exemption Tribunal
A sitting of the Rangoon Exemption Tribunal was held ... in the office of the controller of Munitions, Burma, in Sule Pagoda road, when there were present J.P. Hardiman, Chairman, Major L.D. Chambers, military member, A.R. Finlay, un-official member. Mr T.F.R. McDonnell represented the military authorities.
The first application was that of L.E. Sinclair on behalf of the London Rangoon Trading Co. for himself and W.G. Barrie, W.H. Speirs, J.L. Speirs, T. Black, F. Focke, F. Scott and W.H. James. The application was made on the grounds, amongst others, that the company would be engaged in the export of rice and rice products to the food controller and if all the European assistants were taken for general service it would be impossible to carry on the business. The European staff consisted of two Managers, Mr Sinclair and Mr Dormans, and three Assistants. There were five large mills, one each at Pazundaung, Neikban, Kanoungto, Bassein and Akyab. It was necessary to have European assistants in charge of the machinery etc. In consideration of the importance of the Indian Defence Force scheme and of the fact that Mr Dormans was not liable for service, partial exemption was asked for. Partial exemption was also applied for on behalf of the remainder of the European staff on the ground urged above.
The chairman: Are you actually working the mills? The applicant said they were not. But they wanted the staff very shortly.
The chairman: Why not renew your application when you have started? The applicant said that they wanted to apply now.
The chairman: Your application is made on the gorund of national interests? The applicant: Yes.
The chairman pointed out that the position was that although the firm were making preparations they had not started work and were not yet supplying any goods to the controller. At any rate, they anticipated that all the rice would get away some time or other. The applicant said that was so.
The chairman said he thought that the application was premature. Could not the application, he asked, be put before the selection committee and when the mill was running they bring forward the application for exemption? After further discussion the chairman, in deposing of the application, said that the application was by the London Trading Company, who recently purchased mills from Messrs. Mohr Bros., for partial exemption for Mr Sinclair and seven others. The orders of the tribunal were that all the gentlemen on behalf of whom the application was made would be granted partial exemption except Mr James.
The next was an application of the Ellerman Rice Mills for certain exemptions, the unofficial member on the tribunal being Mr R.H. Tench. The chairman said that in the absence of the representative of the firm the tribunal was not able to deal with the application which was adjourned to the next meeting.
The tribunal considered an application of the B.B.P. Co. for partial exemption for six months on behalf of their draftsman, Mr W. Vesey, as the firm was working shorthanded. Mr Vesey was liable to service for seven days in a month at the forts as a member of the Electric Engineer Company, Rangoon Port Defence Corps. During his absence his work was practically held up. The application for partial exemption for six months was granted.
Messrs. Steel Bros. applied in respect of J.E.S. Nisbet, Manager of their Forest Dept., for total exemption for six months on the ground that if the application were not granted he would not be able to carry out the necessary duties attached to his appointment. The death of Mr H.E. Kerr, Assistant Forest Manager, made it quite impossible for Mr Nisbet to attend to both his regular and military duties in future. Mr McDonnell said that his instructions were to agree to Mr Nisbet getting total exemption for six months. The application could be renewed at the end of that period.
The chairman (to Mr J.A. Swan): You ask for total exemption for how long? Mr Swan: As long as Mr Nisbet remains in that department.
Mr McDonnell: I oppose that. I agree to six months being given. I do not agree to a permanent exemption being granted.
The chairman: Mr Nisbet is a Forest Inspector? Mr Swan: He is a Forest Manager.
The chairman: What are his duties? Mr Swan: To go round the forests from time to time.
The chairman: Are his tours in the rains or only in the dry weather? Mr Swan: Both in the rains and in the dry weather.
Major Chambers: If he is exempted for six months, I think that will meet the case. Then the application can be renewed, if necessary.
The chairman: What was done in the case of other forest firms? Do you remember, Mr McDonnell?
Mr McDonnell: I really forget. The tribunal granted Mr Nisbet total exemption for six months.
The chairman said that Messrs. Steel Bros. applied for temporary total exemption for one month in respect of eight mill mangers and engineers. The application was made because the period of camp training was approaching and the company feared that it would be impossible without seriously impeding their operations to send their men to camp. Mr McDonnell said that the application was for exemption in December, on the ground that there was important work at the mills and the company’s men could not be spared at that time. This was a novel application, as far as the tribunal was concerned. He had received a letter from the General Officer Commanding to say that the application was not one for the tribunal to deal with. The tribunal in disposing of the matter considered that the application was practically one in regard to camp training, which did not concern the tribunal but the military authorities. The tribunal understood that the military authorities as far as possible would make arrangements to send men to camp in batches and so all would not be absent simultaneously. The tribunal, therefore, regretted that they must reject the application.
The chairman of the Rangoon Port Commissioners applied for conditional exemption on behalf of Mr S. LeFevre, Commander of the P.S. Goliath, and Mr J.D. Lewis, 2nd Engineer of the tug Hlaing, on the ground that their duties were such that they could not attend drills regularly. The application was not made before because Mr LeFevre was engage on Government work in Mesopotamia and Mr Lewis was employed by Government on patrol duty. Both of them had now returned to duty with the Port Commissioners who made the application.
Me McDonnell: When Mr LeFevre was away in Mesopotamia for six months, who took charge of his work? Mr Cardno said that the Port Commissioners made arrangements to have the work carried out. he might say that the tribunal granted partial exemption to all pilots.
Mr McDonnell: He will have to do his local service training although he may not be taken away to Madras.
The chairman: How did you manage to get on without them? Mr Cardo: We employed a pilot and an engineer on their places.
Mr McDonnell: I see that Mr Lewis exempted on medical grounds.
In disposing of the application, the chairman said that Mr Lewis was placed in medical category E and so he would be granted total exemption. Mr LeFevre, who was approaching the age of 41, would be granted partial exemption.
Mr R.W. Davidson, lately employed by the Irrawaddy Flotilla Co. as Engineer, applied for total exemption on the ground that he intended to proceed to Singapore to take up an appointment there. The tribunal granted the applicant exemption for one month to enable him to take out the necessary papers.
J. Wallis, Produce Broker, applied for temporary total exemption on the ground that he was alone in business and that if he had to go away to camp for six days it meant that his business must cease during the time he was absent. The chairman said that the case was one in which exemption from camping was asked for. That was a matter with which the tribunal was not concerned. The applicant said that, as he had pointed out in his application, he could not leave his business.
The chairman: What is your business? The applicant: That of a rice broker.
The chairman said that the application that had been sent in was one that concerned the military authorities and the applicant’s proper course was to approach the commander of his corps. The applicant said he had done so.
The chairman: I am afraid that it is a matter which we cannot deal with. The applicant: If I go away I shall have to shut down my business.
Mr McDonnell asked if the applicant’s business was of national importance. The applicant at first said it was and later that it was not.
The chairman: We are only concerned with national interests. I think you said that your business was of national importance. The applicant then took out a document from his pocket, stating that it was private and handed it to the chairman to read. It was read by the members of the tribunal adn Mr McDonnell.
Mr McConnell: That (referring to the document handed in) could be put through by someone else, not liable to military service? The applicant: Yes.
The chairman in passing orders said that the application was one of the same nature as that of Messrs. Steel Bros., which was disposed of at the present sitting. While recognising that the applicant’s absence in camp might cause considerable temporary financial and other inconvenience, the tribunal considered that the matter was one with which they had no concern.
Mr Roach, of Messrs. Lawrence & Mayo, applied for total exemption on the ground that he was the only qualified Assistant managing the establishment. He had arrived recently from the Bombay firm on the death of Mr J. Cross, Manager of the local branch. He had no European assistants and his duties kept him late in office.
Mr McDonnell: Why should you not do you local training? The applicant: I have just been sent here from the Bombay firm. I am practically working without assistants.
Mr McDonnell: You can close your business at 4.30 p.m. and then attend drill? The applicant: I do not close till 5.30 p.m. and I am working inside the shop till 6 or 6.30 a.m. (sic)
Mr McDonnell: How old are you? The applicant: I am 29 years of age.
The chairman: This is no one at present in the shop besides yourself? The applicant: No European assistant since the death of Mr Cross. If I have to attend drills, the firm’s business will be severely handicapped.
The chairman: There are other opticians in Rangoon? The applicant: But not on the same lines as ourselves.
Mr Finlay said that a lot of business people were training. The applicant said he had practically no qualified assistants to help him. Mr Finlay: Yours is a big firm and should provide for that. The applicant said the firm had tried but they could not now get any European assistants out from home.
The chairman: What would happen if you were ill for a week? The applicant said the firm would have to close for that time.
Mr McDonnell: What has happened here since Mr Cross died? The applicant: Everything is in a disorganised state. Mr McDonnell: If you go to camp what will happen? The applicant said it would be very serious for the firm. At present he could not possibly leave the office.
Major Chambers: I suggest that he be given temporary exemption.
The chairman: When did you take over charge? The applicant: I came over on November 6th. The chairman: The business was then in disorder? The applicant: Yes, it is still and I am putting everything in order. The chairman: You have done one month’s training in India? The applicant: Yes, in Poona.
Mr McDonnell: My views are that no general exemption should be granted. On the other hand, since the applicant had recruited for one month in India, hat fact might be taken into account.
The chairman in passing orders said that Mr Roach had recently taken charge of the business of Lawrence & Mayo which, he stated, was still in a disorganised condition. He had done one month’s training in Poona. The tribunal could not grant him total permanent exemption, but would grant him total exemption until January next, when he would do general service.
The Chief Engineer, Rangoon Municipality, applied for permanent exemption on behalf of E.T.H. Wood and T.A. Guest, both of the Fire Brigade Station. They had taken the place of two officers relieved, who had temporary total exemption. The tribunal granted the applicants temporart total exemption.
Mr M. Wallington, employed in the Wolfram Mines, Tavoy, was granted temporary total exemption on the ground of the Tavoy Concessions.
On the recommendation of the Deputy Commissioner, Tavoy, the tribunal granted total exemption to the following persons employed in the Wolfram industry at Tavoy: Dr. D.R. Jones, Manager of the High Speed Steel Alloys Lt., Mr Maxwell Lefroy, Consulting Mining Manager and Mr D.A.R. Sutherland, Manager of the Mines at Tingadok. The application for total exemption of G. McKenzie, Manager of their Tavoy branch, was next considered. The chairman said that the Deputy Commissioner, Tavoy, informed the tribunal that there were 121 motor cars in Tavoy, that Mr Smith was the only European in charge of the repairing establishment and that he had more work than he could possibly do. Accepting the Deputy Commissioner’s recommendation, the tribunal granted Mr Smith three months total exemption.
Messrs. Jamal Bros. & Co. applied for total exemption in respect of Mr Patterson and for partial exemption for Messrs. Milne and James. Mr Milne, under a former order of the tribunal was granted partial exemption for six months, which had now expired. The application was now made in respect of officers employed at the Pazundaung rice mill. The tribunal understood that the mill no longer belonged to Messrs. Jamal Bros. and they were, therefore, not prepared to grant the application, which should come from the present employers.
Mr Conyers Baker, Secretary of the Y.M.C.A., applied for partial exemption. The chairman said that Mr Conyers Baker had recently returned from duty overseas. The tribunal understood that Mr Hilton would be remaining in Rangoon and Mr Hilton having already been granted partial exemption the tribunal regretted that they could not grant Mr Conyers Baker partial exemption.
Messrs. Steel Bros. applied for partial exemption in respect of their various engineers. The application was adjourned to the next meeting in order that the tribunal might collect further information. That was all the business.
Marine Engineer’s Exemption
The District Magistrate on Friday disposed of the application of Capt. S. Brown, Supply and Transport Corps, on behalf of his son, Mr C.M. Brown, 4th Engineer on an oil tank steamer, belonging to the Indo-Burma Petroleum Co. for exemption from military service under section 9 of Act 3 of 1917, on the ground that he is not ordinarily resident in British India, being a Marine Engineer by profession. His Worship said from the written statement of Capt. Brown it appeared that the applicant served his apprenticeship at Insein and then went to sea for ten months. He subsequently returned to Rangoon to recover from fever. During that time he registered and enrolled in the Indian Defence Force. He had now been appointed to a steamer which travelled between Indian ports and was at sea practically the whole year round. His Worship considered that the applicant was ordinarily resident in British India and that if he desired to do so he could apply for exemption under section 11 Indian Defence Act.
The exemption tribunal, with J.P. Hardiman, in the chair, Major Chamber, Rifle Brigade, as military member and D. Robertson of Messrs. the Arracan Co. as non-official member ... T.F.R. McDonnell acted a military representative.
The application of the Ellerman Rice Mills Co. for continuation of the exemption already enjoyed by the firm was heard. The order of the tribunal was that the existing exemptions will continue and the matter will be reconsidered three months hence.
The tribunal considered the application of Steel Bros. for total exemption for four of their mill engineers, Messrs. Mills, Scott, Paxton and martin on the ground that their services were urgently required for day and night work. It was decided to grant the exemption prayed for, namely total exemption up to January 31st 1918. The application of the same firm for the total exemption for three months of Mr Goodsir, who was proceeding to Tavoy to erect a machinery for the production of tungsten, was granted.
Tavoy and Mergui Applications
Total exemptions were granted to the following on the advice of the Deputy Commissioners, Mergui and Tavoy, that the applicants were engaged in the mining industry ; A.H. Noyce, Mergui and H.A. James, H.W. Porter and M.G. Labouchedere, Tavoy.
J.J.A. Page of Tavoy was granted total exemption up to May 31st 1918 on the advice of the Deputy Commissioner, Tavoy.
Total exemption up to February 10th 1918 was granted to A.W. Ross of Tavoy.
Total exemption was granted to E. Henry of the Hindu Tin Mining & Dredging Co. on the advice of the Deputy Commissioner, Tavoy.
The application of Steel Bros. for total exemption for Mr Marriot, their Mining Engineer at Tavoy, was referred to the Deputy Commissioner, Tavoy, for advice.
One month’s further exemption was granted to A. Davis of Tavoy who had applied for a passport to leave Rangoon but was unable to secure a passage.
The application was considered of Mr Percevich for total exemption on the ground that he was employed in business of national importance, namely, extracting antimony. As the advice received from the Deputy Commissioner, was to the effect that the applicant was not at present engaged on that industry, the tribunal rejected the application.
The tribunal granted total exemption to Mr Havock on the ground that he was leaving Burma to study medicine in England.
The application of Mr A. Unger, planter of Mergui, was referred to the Deputy Commissioner, Mergui, for report.
The application of the Burma Railways for total exemption on behalf of K. Simmonds was granted.
The application of C. Brown, Marine Engineer, for total exemption was granted.
The application of the Chief Secretary on behalf of the non-gazetted police officers, C.E. Brown and L. Fan was granted.
The application of the Rangoon Electric Tramway & Supply Co. for one month’s total exemption for J.R. Meikle, who was leaving Burma to join the Labour Corps in France, was granted.
This was all the business.
The exemption tribunal with Mr J.P. Hardiman as President and Major L.D. Chambers, Rifle Brigade (military member,) and A.R. Finlay, Messrs. Begbie & Co. (non official member,) on Thursday met the secretary to consider further application for exemptions… There were also present R.H. Trench, non official members and T.F.R. McDonnell the military representative.
The tribunal considered the application of Steel Bros. on behalf of their Rice Mill Engineers, Messrs. Gerard, Crawford, Crombie, Hutton and Nicoll, to continue the partial exemption they had already received. The tribunal passed orders granting partial exemption until further notice.
The revision case of Messrs. Arracan & Co. with regard to Mr Law, Engineer, who had been granted three months total exemption was considered. The tribunal granted partial exemption until further notice.
In connection with the applications of Messrs. Joseph Heap & Sons with regard to the case of Mr Thompson, Mill Engineer, who had already been granted partial exemption the tribunal passed orders that his exemption should continue until further notice.
The application of the British Burma Petroleum Co. for exemption in respect of their Mill Engineers, Messrs. Oliphant, Watt and Weir, was considered. The orders of the tribunal were that partial exemption should continue until further notice.
The tribunal considered the application of Mr Calvert of Messrs. Whiteaway, Laidlaw & Co. for total exemption on several grounds, one of which was that there was no one to close the shop on Friday, the drill day, as all his responsible European assistants, including himself, had to turn out for drill. Mr McDonnell inquired whether it would not be possible to close the shop at 4 p.m. for one day in the week. Mr Calvert said that by doing so considerable business would be lost. Besides, he would have to consult the Trades Association about that.
Mr McDonnell asked if Mr Calvert was aware that the shops at home closed early for a day or two in a week. Mr Calvert said he was not aware of that. His firm closed early on Saturdays, but that was not a drill day.
Mr McDonnell: Would it not be possible to keep open on Saturday afternoon to make up for the loss on a Friday? Mr Calvert: We could not do it unless we got the consent of other forms in Rangoon. The others will object.
Mr McDonnell: Could you not move the Trades Association to do this? Mr Calvert: I should not like to.
Mr Hardiman: What are your hours? Mr Calvert: 5 p.m. every day, except on Saturdays, when we close at 3.
Mr Hardiman: How many men have you got exempted? Mr Calvert: None. Mr Milward was partially exempted but is now liable for general service.
Mr Hardiman: How does Rowe & Co. manage? Mr Calvert: I think Mr Blackstock stays behind to close the shop.
Continuing, Mr Calvert said a great amount of responsibility was attached to the closing up. Mr McDonnell said he had received instructions to oppose the application. He was quite certain that the Trades Association would agree to close at 4 p.m. on Friday.
Mr Trench: How many European employees have you in the shop altogether? Mr Calvert: Nine. Before the war I had 25 or 30.
Mr Calvert said as another manager was coming out he did not know how things stood and perhaps they might be able to come to some arrangement about drills then.
The members if the tribunal left to consider their decision. On returning the President asked when Mr Calvert’s colleague would be in Burma and what his age was? Mr Calvert said he did not know when his colleague would arrive in Burma but he expected him very soon. He was over 41.
Mr Mc Donnell: They could the arrange with the military authorities to be enlisted in different corps, so that they would have to drill on different days. The Commandant of the corps could always arrange that. The tribunal understood that it might be possible for the military authorities to arrange that Mr Calvert’s colleague, who would be here in a short time, should drill on different days and being over 41 he would only be liable for local service. The tribunal could not see their way to grant the exemption asked for. But if it was found impossible to arrange the drill days, the tribunal would reconsider the application.
Mr R.S. Steavens, late second mate on one of the Burma Oil Company’s steamers, was granted one month’s total exemption to apply for a passport, as he was leaving Burma for Singapore.
Mr H.A. Rees of Messrs. George Gillespie & Co. who had been granted partial exemption for six months which had expired, was allowed similar exemption until further notice.
Mr Weller, Assistant Harbour Master, was granted twelve months total exemption on medical grounds. Mr Weller was applying for a passport to go to England.
The tribunal rejected the application of the Port Commissioners, asking for total exemption for Messrs. LeFevre and Lewis, Commander and Second Engineer respectively of tugs in the Rangoon harbour, who had returned from Basra and both of whom were over 40.
The tribunal granted total exemption to Mr Fitzherbert, Miner of Tavoy, who had been recommended for exemption by the Deputy Commissioner there.
Mr W. Bellety, Marine Engineer, was granted one month’s total exemption to enable him to apply for a passport to go to Singapore.
The application of Messrs. G. McKenzie & Co. for total exemption on behalf of Mr H.T. Smith, Manager at their new garage in Tavoy, was referred to the Deputy Commissioner of Tavoy for orders.
In connection with the application of the Hon. Mr L.H. Saunders, Judicial Commissioner, Upper Burma, for total exemption, the President said that the Local Government has asked for Mr Saunders’ exemption and it had already been granted.
The application of the Commissioner of Police for total exemption for Mr E. Brown, Deputy Superintendent of Police and Messrs. Habgood and Ross, District Superintendents of Police, was granted.
Total exemption was granted to Mr Speechley, Manager of the Burma Development Syndicate, Maliwun, who was up to the present liable to local service.
Total exemption was granted to Dr. H.H. Marshall, Health Officer, Rangoon Municipality, on medical grounds.
Partial exemption was given to Mr Pendlebury, Assistant Engineer, British Burma Petroleum Co.
One month’s temporary total exemption was granted to Mr Spiers, Chief Engineer of an Indo-Burma Petroleum Co.’s steamer, as the last temporary exemption given had expired and the company could not see their way to grant him leave as intended.
The tribunal considered the application of Messrs. Finlay Fleming & Co. for partial exemption for two of their office assistants dealing with oil work, Messrs. O. Tindall and R. Smith, as the firm had recently sent two of their assistants home on sick leave for an indefinite period. The tribunal granted the exemption asked for in view of the importance of the oil industry.
The application of Mr Collingwood of the Anglo-Swiss Condensed Milk Co. for partial exemption was considered. Mr Collingwood, the President said, applied for partial exemption and was granted partial exemption until such time as he could find an older man to replace him, but he said that his efforts had been unsuccessful. The tribunal regretted they could not see their way to grant the application and thought that the case was one for which should be dealt with by the selection committee.
Mr Manuel, aged 50, a Hindu, was granted total exemption. That was all the business.
Rangoon Exemption Tribunal
A sitting of the Rangoon Exemption Tribunal was held ... in the office of the controller of Munitions, Burma, in Sule Pagoda road, when there were present J.P. Hardiman, Chairman, Major L.D. Chambers, military member, A.R. Finlay, un-official member. Mr T.F.R. McDonnell represented the military authorities.
The first application was that of L.E. Sinclair on behalf of the London Rangoon Trading Co. for himself and W.G. Barrie, W.H. Speirs, J.L. Speirs, T. Black, F. Focke, F. Scott and W.H. James. The application was made on the grounds, amongst others, that the company would be engaged in the export of rice and rice products to the food controller and if all the European assistants were taken for general service it would be impossible to carry on the business. The European staff consisted of two Managers, Mr Sinclair and Mr Dormans, and three Assistants. There were five large mills, one each at Pazundaung, Neikban, Kanoungto, Bassein and Akyab. It was necessary to have European assistants in charge of the machinery etc. In consideration of the importance of the Indian Defence Force scheme and of the fact that Mr Dormans was not liable for service, partial exemption was asked for. Partial exemption was also applied for on behalf of the remainder of the European staff on the ground urged above.
The chairman: Are you actually working the mills? The applicant said they were not. But they wanted the staff very shortly.
The chairman: Why not renew your application when you have started? The applicant said that they wanted to apply now.
The chairman: Your application is made on the gorund of national interests? The applicant: Yes.
The chairman pointed out that the position was that although the firm were making preparations they had not started work and were not yet supplying any goods to the controller. At any rate, they anticipated that all the rice would get away some time or other. The applicant said that was so.
The chairman said he thought that the application was premature. Could not the application, he asked, be put before the selection committee and when the mill was running they bring forward the application for exemption? After further discussion the chairman, in deposing of the application, said that the application was by the London Trading Company, who recently purchased mills from Messrs. Mohr Bros., for partial exemption for Mr Sinclair and seven others. The orders of the tribunal were that all the gentlemen on behalf of whom the application was made would be granted partial exemption except Mr James.
The next was an application of the Ellerman Rice Mills for certain exemptions, the unofficial member on the tribunal being Mr R.H. Tench. The chairman said that in the absence of the representative of the firm the tribunal was not able to deal with the application which was adjourned to the next meeting.
The tribunal considered an application of the B.B.P. Co. for partial exemption for six months on behalf of their draftsman, Mr W. Vesey, as the firm was working shorthanded. Mr Vesey was liable to service for seven days in a month at the forts as a member of the Electric Engineer Company, Rangoon Port Defence Corps. During his absence his work was practically held up. The application for partial exemption for six months was granted.
Messrs. Steel Bros. applied in respect of J.E.S. Nisbet, Manager of their Forest Dept., for total exemption for six months on the ground that if the application were not granted he would not be able to carry out the necessary duties attached to his appointment. The death of Mr H.E. Kerr, Assistant Forest Manager, made it quite impossible for Mr Nisbet to attend to both his regular and military duties in future. Mr McDonnell said that his instructions were to agree to Mr Nisbet getting total exemption for six months. The application could be renewed at the end of that period.
The chairman (to Mr J.A. Swan): You ask for total exemption for how long? Mr Swan: As long as Mr Nisbet remains in that department.
Mr McDonnell: I oppose that. I agree to six months being given. I do not agree to a permanent exemption being granted.
The chairman: Mr Nisbet is a Forest Inspector? Mr Swan: He is a Forest Manager.
The chairman: What are his duties? Mr Swan: To go round the forests from time to time.
The chairman: Are his tours in the rains or only in the dry weather? Mr Swan: Both in the rains and in the dry weather.
Major Chambers: If he is exempted for six months, I think that will meet the case. Then the application can be renewed, if necessary.
The chairman: What was done in the case of other forest firms? Do you remember, Mr McDonnell?
Mr McDonnell: I really forget. The tribunal granted Mr Nisbet total exemption for six months.
The chairman said that Messrs. Steel Bros. applied for temporary total exemption for one month in respect of eight mill mangers and engineers. The application was made because the period of camp training was approaching and the company feared that it would be impossible without seriously impeding their operations to send their men to camp. Mr McDonnell said that the application was for exemption in December, on the ground that there was important work at the mills and the company’s men could not be spared at that time. This was a novel application, as far as the tribunal was concerned. He had received a letter from the General Officer Commanding to say that the application was not one for the tribunal to deal with. The tribunal in disposing of the matter considered that the application was practically one in regard to camp training, which did not concern the tribunal but the military authorities. The tribunal understood that the military authorities as far as possible would make arrangements to send men to camp in batches and so all would not be absent simultaneously. The tribunal, therefore, regretted that they must reject the application.
The chairman of the Rangoon Port Commissioners applied for conditional exemption on behalf of Mr S. LeFevre, Commander of the P.S. Goliath, and Mr J.D. Lewis, 2nd Engineer of the tug Hlaing, on the ground that their duties were such that they could not attend drills regularly. The application was not made before because Mr LeFevre was engage on Government work in Mesopotamia and Mr Lewis was employed by Government on patrol duty. Both of them had now returned to duty with the Port Commissioners who made the application.
Me McDonnell: When Mr LeFevre was away in Mesopotamia for six months, who took charge of his work? Mr Cardno said that the Port Commissioners made arrangements to have the work carried out. he might say that the tribunal granted partial exemption to all pilots.
Mr McDonnell: He will have to do his local service training although he may not be taken away to Madras.
The chairman: How did you manage to get on without them? Mr Cardo: We employed a pilot and an engineer on their places.
Mr McDonnell: I see that Mr Lewis exempted on medical grounds.
In disposing of the application, the chairman said that Mr Lewis was placed in medical category E and so he would be granted total exemption. Mr LeFevre, who was approaching the age of 41, would be granted partial exemption.
Mr R.W. Davidson, lately employed by the Irrawaddy Flotilla Co. as Engineer, applied for total exemption on the ground that he intended to proceed to Singapore to take up an appointment there. The tribunal granted the applicant exemption for one month to enable him to take out the necessary papers.
J. Wallis, Produce Broker, applied for temporary total exemption on the ground that he was alone in business and that if he had to go away to camp for six days it meant that his business must cease during the time he was absent. The chairman said that the case was one in which exemption from camping was asked for. That was a matter with which the tribunal was not concerned. The applicant said that, as he had pointed out in his application, he could not leave his business.
The chairman: What is your business? The applicant: That of a rice broker.
The chairman said that the application that had been sent in was one that concerned the military authorities and the applicant’s proper course was to approach the commander of his corps. The applicant said he had done so.
The chairman: I am afraid that it is a matter which we cannot deal with. The applicant: If I go away I shall have to shut down my business.
Mr McDonnell asked if the applicant’s business was of national importance. The applicant at first said it was and later that it was not.
The chairman: We are only concerned with national interests. I think you said that your business was of national importance. The applicant then took out a document from his pocket, stating that it was private and handed it to the chairman to read. It was read by the members of the tribunal adn Mr McDonnell.
Mr McConnell: That (referring to the document handed in) could be put through by someone else, not liable to military service? The applicant: Yes.
The chairman in passing orders said that the application was one of the same nature as that of Messrs. Steel Bros., which was disposed of at the present sitting. While recognising that the applicant’s absence in camp might cause considerable temporary financial and other inconvenience, the tribunal considered that the matter was one with which they had no concern.
Mr Roach, of Messrs. Lawrence & Mayo, applied for total exemption on the ground that he was the only qualified Assistant managing the establishment. He had arrived recently from the Bombay firm on the death of Mr J. Cross, Manager of the local branch. He had no European assistants and his duties kept him late in office.
Mr McDonnell: Why should you not do you local training? The applicant: I have just been sent here from the Bombay firm. I am practically working without assistants.
Mr McDonnell: You can close your business at 4.30 p.m. and then attend drill? The applicant: I do not close till 5.30 p.m. and I am working inside the shop till 6 or 6.30 a.m. (sic)
Mr McDonnell: How old are you? The applicant: I am 29 years of age.
The chairman: This is no one at present in the shop besides yourself? The applicant: No European assistant since the death of Mr Cross. If I have to attend drills, the firm’s business will be severely handicapped.
The chairman: There are other opticians in Rangoon? The applicant: But not on the same lines as ourselves.
Mr Finlay said that a lot of business people were training. The applicant said he had practically no qualified assistants to help him. Mr Finlay: Yours is a big firm and should provide for that. The applicant said the firm had tried but they could not now get any European assistants out from home.
The chairman: What would happen if you were ill for a week? The applicant said the firm would have to close for that time.
Mr McDonnell: What has happened here since Mr Cross died? The applicant: Everything is in a disorganised state. Mr McDonnell: If you go to camp what will happen? The applicant said it would be very serious for the firm. At present he could not possibly leave the office.
Major Chambers: I suggest that he be given temporary exemption.
The chairman: When did you take over charge? The applicant: I came over on November 6th. The chairman: The business was then in disorder? The applicant: Yes, it is still and I am putting everything in order. The chairman: You have done one month’s training in India? The applicant: Yes, in Poona.
Mr McDonnell: My views are that no general exemption should be granted. On the other hand, since the applicant had recruited for one month in India, hat fact might be taken into account.
The chairman in passing orders said that Mr Roach had recently taken charge of the business of Lawrence & Mayo which, he stated, was still in a disorganised condition. He had done one month’s training in Poona. The tribunal could not grant him total permanent exemption, but would grant him total exemption until January next, when he would do general service.
The Chief Engineer, Rangoon Municipality, applied for permanent exemption on behalf of E.T.H. Wood and T.A. Guest, both of the Fire Brigade Station. They had taken the place of two officers relieved, who had temporary total exemption. The tribunal granted the applicants temporart total exemption.
Mr M. Wallington, employed in the Wolfram Mines, Tavoy, was granted temporary total exemption on the ground of the Tavoy Concessions.
On the recommendation of the Deputy Commissioner, Tavoy, the tribunal granted total exemption to the following persons employed in the Wolfram industry at Tavoy: Dr. D.R. Jones, Manager of the High Speed Steel Alloys Lt., Mr Maxwell Lefroy, Consulting Mining Manager and Mr D.A.R. Sutherland, Manager of the Mines at Tingadok. The application for total exemption of G. McKenzie, Manager of their Tavoy branch, was next considered. The chairman said that the Deputy Commissioner, Tavoy, informed the tribunal that there were 121 motor cars in Tavoy, that Mr Smith was the only European in charge of the repairing establishment and that he had more work than he could possibly do. Accepting the Deputy Commissioner’s recommendation, the tribunal granted Mr Smith three months total exemption.
Messrs. Jamal Bros. & Co. applied for total exemption in respect of Mr Patterson and for partial exemption for Messrs. Milne and James. Mr Milne, under a former order of the tribunal was granted partial exemption for six months, which had now expired. The application was now made in respect of officers employed at the Pazundaung rice mill. The tribunal understood that the mill no longer belonged to Messrs. Jamal Bros. and they were, therefore, not prepared to grant the application, which should come from the present employers.
Mr Conyers Baker, Secretary of the Y.M.C.A., applied for partial exemption. The chairman said that Mr Conyers Baker had recently returned from duty overseas. The tribunal understood that Mr Hilton would be remaining in Rangoon and Mr Hilton having already been granted partial exemption the tribunal regretted that they could not grant Mr Conyers Baker partial exemption.
Messrs. Steel Bros. applied for partial exemption in respect of their various engineers. The application was adjourned to the next meeting in order that the tribunal might collect further information. That was all the business.
Marine Engineer’s Exemption
The District Magistrate on Friday disposed of the application of Capt. S. Brown, Supply and Transport Corps, on behalf of his son, Mr C.M. Brown, 4th Engineer on an oil tank steamer, belonging to the Indo-Burma Petroleum Co. for exemption from military service under section 9 of Act 3 of 1917, on the ground that he is not ordinarily resident in British India, being a Marine Engineer by profession. His Worship said from the written statement of Capt. Brown it appeared that the applicant served his apprenticeship at Insein and then went to sea for ten months. He subsequently returned to Rangoon to recover from fever. During that time he registered and enrolled in the Indian Defence Force. He had now been appointed to a steamer which travelled between Indian ports and was at sea practically the whole year round. His Worship considered that the applicant was ordinarily resident in British India and that if he desired to do so he could apply for exemption under section 11 Indian Defence Act.
The exemption tribunal, with J.P. Hardiman, in the chair, Major Chamber, Rifle Brigade, as military member and D. Robertson of Messrs. the Arracan Co. as non-official member ... T.F.R. McDonnell acted a military representative.
The application of the Ellerman Rice Mills Co. for continuation of the exemption already enjoyed by the firm was heard. The order of the tribunal was that the existing exemptions will continue and the matter will be reconsidered three months hence.
The tribunal considered the application of Steel Bros. for total exemption for four of their mill engineers, Messrs. Mills, Scott, Paxton and martin on the ground that their services were urgently required for day and night work. It was decided to grant the exemption prayed for, namely total exemption up to January 31st 1918. The application of the same firm for the total exemption for three months of Mr Goodsir, who was proceeding to Tavoy to erect a machinery for the production of tungsten, was granted.
Tavoy and Mergui Applications
Total exemptions were granted to the following on the advice of the Deputy Commissioners, Mergui and Tavoy, that the applicants were engaged in the mining industry ; A.H. Noyce, Mergui and H.A. James, H.W. Porter and M.G. Labouchedere, Tavoy.
J.J.A. Page of Tavoy was granted total exemption up to May 31st 1918 on the advice of the Deputy Commissioner, Tavoy.
Total exemption up to February 10th 1918 was granted to A.W. Ross of Tavoy.
Total exemption was granted to E. Henry of the Hindu Tin Mining & Dredging Co. on the advice of the Deputy Commissioner, Tavoy.
The application of Steel Bros. for total exemption for Mr Marriot, their Mining Engineer at Tavoy, was referred to the Deputy Commissioner, Tavoy, for advice.
One month’s further exemption was granted to A. Davis of Tavoy who had applied for a passport to leave Rangoon but was unable to secure a passage.
The application was considered of Mr Percevich for total exemption on the ground that he was employed in business of national importance, namely, extracting antimony. As the advice received from the Deputy Commissioner, was to the effect that the applicant was not at present engaged on that industry, the tribunal rejected the application.
The tribunal granted total exemption to Mr Havock on the ground that he was leaving Burma to study medicine in England.
The application of Mr A. Unger, planter of Mergui, was referred to the Deputy Commissioner, Mergui, for report.
The application of the Burma Railways for total exemption on behalf of K. Simmonds was granted.
The application of C. Brown, Marine Engineer, for total exemption was granted.
The application of the Chief Secretary on behalf of the non-gazetted police officers, C.E. Brown and L. Fan was granted.
The application of the Rangoon Electric Tramway & Supply Co. for one month’s total exemption for J.R. Meikle, who was leaving Burma to join the Labour Corps in France, was granted.
This was all the business.
December
Selection Committee Meeting
Applications for tranfers
At the office of the Controller of Munitions in Sule Pagoda Roadon Thursday, a meeting of the selection committee was held under the Presidency of J.P. Hardiman, I.C.S. The members present were:- Sir A.W. Binning, G. Blackstock, E.J. Holberton and J.A. Swan. The public appeals of men chosen to go with the next group to India were dealt with.
Mr W. Nuding of Foucar & Co. asked the Messrs. Robie and Robertson in charge of certain portions of the company’s forests who had been chosen for the next group be transferred to a later group as they could not be spared. The selection committee decided to place these two gentlemen out of the waiting list of the group from January to March.
J. Robertson of Messrs. Macgregor & Co. applied for a transfer of Messrs. Brander, Anderson and McAlister to later groups. Mr McAlister who was in the group – January to March, was transferred to the April to June group. Messrs. Brander and Anderson also in the January to March group were transferred to the third contingent (April to June) but it could not be stated whether they would be on the service or waiting list.
R.C. Addison of Finlay Fleming & Co. who was down for the next group asked that his name be taken off the group altogether as he had been declared medically unfit. He produced a certificate from Dr. W.P. Murray and stated that his arm was injured. Applicant was placed outside the waiting list in the January to March group. The president stated that the effect of this would probably be that he would not be called up for service and if the applicant wanted total exemption he would have to apply to the exemption tribunal supporting his application with a medical certificate of unfitness.
Rangoon Exemption Tribunal
There was a sitting of the Rangoon Exemption Tribunal ... at the office of the controller of Munitions, Burma in Sule Pagoda road. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major D. Chambers and Mr D. Robertson, as non-official members. T.F.R. McDonnell represented the military authorities.
The first application was that of Mr J. Robertson, General Manager of Macgregor & Co. who applied for permanent total exemption on behalf of himself and for permanent partial and temporary total exemption for six months for A.E.J. Brander, their Forest Manager. Mr Robertson pointed out that the General Managers of other large timber firms were free from military duty on medical grounds. He was not medically unfit. The other timber firms had the advantage of their General Managers’ services, whether exempted or medically unfit. He, however, found he was unable efficiently to carry on his duties to the company and at the same time do his military duties in the Rangoon Rifles. They had been told that they did the same drill as men under 41 years of age. He had not applied for exemption earlier, as he wished, if possible, to carry out his military duties. He, however, found now he was unable to do so and at the same time efficiently carry on his duties to the company.
Mr MCDonnell: I am afraid I must oppose this application of Mr Robertson’s under the General’s instructions. Mr Robertson said he was the only General Manager of a timber firm who was drilling in Rangoon.
Major Chambers: I appears that you are above 41. What drill are you doing at present?
Mr Robertson said he was doing three drill a week. Major Chambers: Now you are claiming permanent exemption. Mr Robertson said he was asking for permanent total exemption on behalf of himself and permanent partial exemption for Mr Brander. In the whole of their firm they had not asked for a single exemption and he did not think they would find any other firm in that position.
Mr McDonnell: You are not applying on the ground that it is of national importance that you should be exempted. Mr Robertson said that was not the ground upon which the application was made. But timber forms subscribed to the revenues of Burma very materially and that fact should bra en into consideration. That was, besides, the first exemption they had asked for.
The President asked if the firm’s business was not curtailed since the outbreak of the war. Mr Robertson pointed out that the inability to get timber shipped gave the General Manager a great deal more responsibility, thought and worry than if shipments had been going normally, when any well-run business more or less could be carried on. It was in abnormal conditions, such as the present, that the responsibilities of the General Manager naturally increased.
Mr McDonnell pointed out that the General Managers of other timber firms had not applied. Mr Robertson said that Mr Holbertson of the B.B.T. Corporation was exempted under a medical certificate, as was Mr Nuding of Mr Foucar’s so that these two companies had the full advantage of their General Managers’ time.
Mr McDonnell said he opposed the application. What the tribunal had to consider was whether the work was of national importance. The applicant had told them that he was doing drills three hours a week and he had explained his reasons for asking for exemption. A certain amount of moral pressure had been brought on him. Mr Robertson said he did not say so. There was no idea of any moral pressure at all. When the war broke out he voluntarily joined to be an example to the younger ones. There were thirty Europeans in all and he had struggled along all this time and not put in a single application for exemption. That should be surely considered.
The President then asked Mr Robertson to put his case forward in regard to Mr Brander. Mr Robertson said that Mr Brander was about 32 or 33. He was their Forest Manager. From about December to May he was touring in the forests and had a good deal of responsibility of the management of the business. Mr Nisbet was exactly in the same position as Mr Brander.
Mr McDonnell said he did not object to Mr Brander being exempted for six months.
The President: The application of Mr Robertson, General Manager of Messrs. Macgregor & Co. for total exemption on his account. Mr Robertson is over 41 years of age and is liable to do only one hour’s drill a week, although he has been actually doing more. The tribunal regret that they are unable to grant Mr Robertson’s application. Mr Robertson also applies on behalf of Mr Brander, their Forest Manager, for permanent partial exemption and for temporary total exemption for six months. Mr Brander’s duties take him into the forest about half the year and the tribunal will grant the exemption asked for in respect of him.
Mr Robertson: Is there any further action that I can take? The President: Unless you approach the military authorities or the commanding officer of your corps.
It was pointed out to Mr Robertson that it was owing to ill health the other General Managers of timber firms had been exempted. Mr Robertson said he quite understood that. He was making his application on the ground that he could not do his military duties in addition to his own to the company with efficiency. The strain was too great and he could not carry on the duties to the company efficiently. The President: All that I can advise you is to approach the commanding officer of your corps. Mr Robertson reiterated his remarks as to the responsibilities connected with his duties and proceeded to say that he was forty six years of age and had been a volunteer for a quarter of a century and if any trouble arose he could take his place in the ranks quite efficiently.
Mr McDonnell pointed out the legal obligation of one drill a week only. Mr Robertson admitted that was so, but as the platoon commander informed the platoon on parade that while they were only liable legally to drill once a week, they were liable morally or the same number of drills as the younger men and that any man who failed to put in the full four hours a week would be relegated to a platoon where the amenities were not so pleasant. Mr Robertson said that was pure blackmail.
Mr McDonnell: Are you aware that a great many men older than yourself are doing four hours drill a week? Mr Robertson said that he could not take his mind off the responsibilities of his duties to the company owing to the drills. His office was closed at 4.30 p.m. on drill evenings. They had not a single exemption. He said that he would be very much obliged if the tribunal would re-consider what he had said.
Mr McDonnell said that the tribunal had considered the points put forward by Mr Robertson and passed their orders.
The President: Today we cannot re-consider your application. If you think that there are circumstances which have not been properly expressed in your application, the committee will be pleased further to consider them. Mr Robertson asked if he could put down in writing all that he had mentioned since the orders of the tribunal has been passed. The President: You can write anything you like. We make no promise. The applicant then withdrew.
N.W. Farmer and J.W. Phipps (Apprentice in the Rangoon Foundry) who were both leaving Burma and were granted one month’s total exemption to enable them to obtain their passports.
On the application of the Chief Secretary to the Govt. of Burma the following officers in the Civil Police were granted total exemption:
A. Dunbar, Dist. Superintendent of Police, Thaton
J. St. H. Cleburne, Dist. Superintendent of Police, Ruby Mines
C.N. Hetley, Asst. Superintendent of Police
J. Hutton, Sergt., Mandalay
J.H. Smellie, Sergt., Bassein
The application of R.C.S. Keith, Sessions Judge, for total exemption on the ground of ill health was granted. Mr Keith submitted a medical certificate and the military representative did not oppose the application.
The tribunal granted partial exemption, as had been done in other similar cases, to J.C. Clark, Manager of Steel Bros. mill at Kanoungto.
The tribunal deferred until next meeting, consideration of the application of the Postmaster –General for total exemption in respect of eight officers employed at the wireless station.
The application of the Burma Railways Company for partial exemption for C.H. Rowland, driver at Letpadan, was granted. Similarly was the application granted for partial exemption made by the Port Officer, Bassein, on behalf of G. Foster, Licensed Pilot.
The tribunal considered the application of the Rangoon Electric Tramway and Supply Co. for total exemption in respect of C.S. Tilly, Electrical Foreman of the car shed, who will take the place of Mr Pitters. Mr Pitters who was previously granted total exemption would take up other duties and his total exemption would now cease. Mr Tilly was granted total exemption. Mr R. Yuall was granted three months total exemption on the ground that he would be engaged for that period in repairing a kilowatt turbine engine of the Tramway Company that was recently broken.
On the application of the Commandant, Burma Railways, A.J. Walsh, who has been appointed Asst. Commandant, Burma Military Police, was granted total exemption. That was all the business.
Applications for tranfers
At the office of the Controller of Munitions in Sule Pagoda Roadon Thursday, a meeting of the selection committee was held under the Presidency of J.P. Hardiman, I.C.S. The members present were:- Sir A.W. Binning, G. Blackstock, E.J. Holberton and J.A. Swan. The public appeals of men chosen to go with the next group to India were dealt with.
Mr W. Nuding of Foucar & Co. asked the Messrs. Robie and Robertson in charge of certain portions of the company’s forests who had been chosen for the next group be transferred to a later group as they could not be spared. The selection committee decided to place these two gentlemen out of the waiting list of the group from January to March.
J. Robertson of Messrs. Macgregor & Co. applied for a transfer of Messrs. Brander, Anderson and McAlister to later groups. Mr McAlister who was in the group – January to March, was transferred to the April to June group. Messrs. Brander and Anderson also in the January to March group were transferred to the third contingent (April to June) but it could not be stated whether they would be on the service or waiting list.
R.C. Addison of Finlay Fleming & Co. who was down for the next group asked that his name be taken off the group altogether as he had been declared medically unfit. He produced a certificate from Dr. W.P. Murray and stated that his arm was injured. Applicant was placed outside the waiting list in the January to March group. The president stated that the effect of this would probably be that he would not be called up for service and if the applicant wanted total exemption he would have to apply to the exemption tribunal supporting his application with a medical certificate of unfitness.
Rangoon Exemption Tribunal
There was a sitting of the Rangoon Exemption Tribunal ... at the office of the controller of Munitions, Burma in Sule Pagoda road. The tribunal was composed of J.P. Hardiman, I.C.S., President, Major D. Chambers and Mr D. Robertson, as non-official members. T.F.R. McDonnell represented the military authorities.
The first application was that of Mr J. Robertson, General Manager of Macgregor & Co. who applied for permanent total exemption on behalf of himself and for permanent partial and temporary total exemption for six months for A.E.J. Brander, their Forest Manager. Mr Robertson pointed out that the General Managers of other large timber firms were free from military duty on medical grounds. He was not medically unfit. The other timber firms had the advantage of their General Managers’ services, whether exempted or medically unfit. He, however, found he was unable efficiently to carry on his duties to the company and at the same time do his military duties in the Rangoon Rifles. They had been told that they did the same drill as men under 41 years of age. He had not applied for exemption earlier, as he wished, if possible, to carry out his military duties. He, however, found now he was unable to do so and at the same time efficiently carry on his duties to the company.
Mr MCDonnell: I am afraid I must oppose this application of Mr Robertson’s under the General’s instructions. Mr Robertson said he was the only General Manager of a timber firm who was drilling in Rangoon.
Major Chambers: I appears that you are above 41. What drill are you doing at present?
Mr Robertson said he was doing three drill a week. Major Chambers: Now you are claiming permanent exemption. Mr Robertson said he was asking for permanent total exemption on behalf of himself and permanent partial exemption for Mr Brander. In the whole of their firm they had not asked for a single exemption and he did not think they would find any other firm in that position.
Mr McDonnell: You are not applying on the ground that it is of national importance that you should be exempted. Mr Robertson said that was not the ground upon which the application was made. But timber forms subscribed to the revenues of Burma very materially and that fact should bra en into consideration. That was, besides, the first exemption they had asked for.
The President asked if the firm’s business was not curtailed since the outbreak of the war. Mr Robertson pointed out that the inability to get timber shipped gave the General Manager a great deal more responsibility, thought and worry than if shipments had been going normally, when any well-run business more or less could be carried on. It was in abnormal conditions, such as the present, that the responsibilities of the General Manager naturally increased.
Mr McDonnell pointed out that the General Managers of other timber firms had not applied. Mr Robertson said that Mr Holbertson of the B.B.T. Corporation was exempted under a medical certificate, as was Mr Nuding of Mr Foucar’s so that these two companies had the full advantage of their General Managers’ time.
Mr McDonnell said he opposed the application. What the tribunal had to consider was whether the work was of national importance. The applicant had told them that he was doing drills three hours a week and he had explained his reasons for asking for exemption. A certain amount of moral pressure had been brought on him. Mr Robertson said he did not say so. There was no idea of any moral pressure at all. When the war broke out he voluntarily joined to be an example to the younger ones. There were thirty Europeans in all and he had struggled along all this time and not put in a single application for exemption. That should be surely considered.
The President then asked Mr Robertson to put his case forward in regard to Mr Brander. Mr Robertson said that Mr Brander was about 32 or 33. He was their Forest Manager. From about December to May he was touring in the forests and had a good deal of responsibility of the management of the business. Mr Nisbet was exactly in the same position as Mr Brander.
Mr McDonnell said he did not object to Mr Brander being exempted for six months.
The President: The application of Mr Robertson, General Manager of Messrs. Macgregor & Co. for total exemption on his account. Mr Robertson is over 41 years of age and is liable to do only one hour’s drill a week, although he has been actually doing more. The tribunal regret that they are unable to grant Mr Robertson’s application. Mr Robertson also applies on behalf of Mr Brander, their Forest Manager, for permanent partial exemption and for temporary total exemption for six months. Mr Brander’s duties take him into the forest about half the year and the tribunal will grant the exemption asked for in respect of him.
Mr Robertson: Is there any further action that I can take? The President: Unless you approach the military authorities or the commanding officer of your corps.
It was pointed out to Mr Robertson that it was owing to ill health the other General Managers of timber firms had been exempted. Mr Robertson said he quite understood that. He was making his application on the ground that he could not do his military duties in addition to his own to the company with efficiency. The strain was too great and he could not carry on the duties to the company efficiently. The President: All that I can advise you is to approach the commanding officer of your corps. Mr Robertson reiterated his remarks as to the responsibilities connected with his duties and proceeded to say that he was forty six years of age and had been a volunteer for a quarter of a century and if any trouble arose he could take his place in the ranks quite efficiently.
Mr McDonnell pointed out the legal obligation of one drill a week only. Mr Robertson admitted that was so, but as the platoon commander informed the platoon on parade that while they were only liable legally to drill once a week, they were liable morally or the same number of drills as the younger men and that any man who failed to put in the full four hours a week would be relegated to a platoon where the amenities were not so pleasant. Mr Robertson said that was pure blackmail.
Mr McDonnell: Are you aware that a great many men older than yourself are doing four hours drill a week? Mr Robertson said that he could not take his mind off the responsibilities of his duties to the company owing to the drills. His office was closed at 4.30 p.m. on drill evenings. They had not a single exemption. He said that he would be very much obliged if the tribunal would re-consider what he had said.
Mr McDonnell said that the tribunal had considered the points put forward by Mr Robertson and passed their orders.
The President: Today we cannot re-consider your application. If you think that there are circumstances which have not been properly expressed in your application, the committee will be pleased further to consider them. Mr Robertson asked if he could put down in writing all that he had mentioned since the orders of the tribunal has been passed. The President: You can write anything you like. We make no promise. The applicant then withdrew.
N.W. Farmer and J.W. Phipps (Apprentice in the Rangoon Foundry) who were both leaving Burma and were granted one month’s total exemption to enable them to obtain their passports.
On the application of the Chief Secretary to the Govt. of Burma the following officers in the Civil Police were granted total exemption:
A. Dunbar, Dist. Superintendent of Police, Thaton
J. St. H. Cleburne, Dist. Superintendent of Police, Ruby Mines
C.N. Hetley, Asst. Superintendent of Police
J. Hutton, Sergt., Mandalay
J.H. Smellie, Sergt., Bassein
The application of R.C.S. Keith, Sessions Judge, for total exemption on the ground of ill health was granted. Mr Keith submitted a medical certificate and the military representative did not oppose the application.
The tribunal granted partial exemption, as had been done in other similar cases, to J.C. Clark, Manager of Steel Bros. mill at Kanoungto.
The tribunal deferred until next meeting, consideration of the application of the Postmaster –General for total exemption in respect of eight officers employed at the wireless station.
The application of the Burma Railways Company for partial exemption for C.H. Rowland, driver at Letpadan, was granted. Similarly was the application granted for partial exemption made by the Port Officer, Bassein, on behalf of G. Foster, Licensed Pilot.
The tribunal considered the application of the Rangoon Electric Tramway and Supply Co. for total exemption in respect of C.S. Tilly, Electrical Foreman of the car shed, who will take the place of Mr Pitters. Mr Pitters who was previously granted total exemption would take up other duties and his total exemption would now cease. Mr Tilly was granted total exemption. Mr R. Yuall was granted three months total exemption on the ground that he would be engaged for that period in repairing a kilowatt turbine engine of the Tramway Company that was recently broken.
On the application of the Commandant, Burma Railways, A.J. Walsh, who has been appointed Asst. Commandant, Burma Military Police, was granted total exemption. That was all the business.