COP
Jud.
W 45 131
39370
Hon. Colonial Secretary,
The case of these nine
Firemen
is very
similar to that of the crew of the "Inkum", already made the
subject of report.
1.
The facts are as follows:-
On the 6th July last the master of the "Auchenardin" informed me that he was experiencing difficulty with
his firemen inasmuch that they having learnt that the vessel was
to proceed to Japan with coal for that Government, had refused to go in her on the ground that by the terms of their agreement they were not parties to running the risks involved thereby.
2.
I examined the agreement on which there was
no indication that the men were to be employed on other than ordinary service, and this fact, coupled with a statement by the men
whom I interviewed that they were only made aware on arrival at
Hongkong, that their vessel was to carry coal declared by
Russia to be contraband of war
to Japan, led me to form the following conclusion:-
3.
That to punish the men for refusal of such
duty it not having been specially agreed to - or to compel them
to proceed in the ship - appeared to me an act that might lay
this Government open to the charge of having to the extent above
mentioned aided a belligerent Power.
4.
Also in reviewing the position maintained
by the men the cases of Burton v. Pinkerton 2 Ex.340 and O'Neil v.
Armstrong Mitchell & Co. (1895) 2 Q.B. 70 & Q.B.418 appeared to me
applicable in determining how to deal with the matter.
5.
Accordingly I informed the Master that I was
unable to interfere and suggested that as the question was one
that in my opinion lay between employer and employed, he should
wire to the owners for instructions. At the same time I pointed out
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