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he was wanted to appear before the Executive Council and give evidence in this case,
The testimonials from various Captains of Ships have in my opinion no value whatever, knowing as I do how easily such testimonials are obtained. In this connection I enclose extract from a statement made to the Assistant Colonial Secretary by Captain Fybus, K.N.M., of the Canadian Pacific Railway Company's Royal Mail Steamer "Empress of Japan", who is an Officer of high standing in his profession.
It is noted that the testimonials do not all help Mr. Guterres and on the particular point he appears to have been desirous to make viz.:- the presence of the Captains at the paying off of their crews. Testimonials marked D. 1, 4, 5, 8, 9, 10, 11, 14, 19, 20, 23, 24, 25 support that contention; D. 2, 6, 12, 13, 17, 18, 21, and 22 are silent on the point; D. 3 shows that in the "Clydeside of the China Mutual" paying off was done in the presence of the Master but is silent as to the practice in the writer's present ship; while D. 15 speaks of firemen being paid on board in the presence of the Master.
I submit that even if Mr. Guterres were to be regarded as having satisfactorily cleared himself of the 1st charge, in any case the finding by a majority of the Council of 2 to 1 of guilty on charge (b) is sufficient to justify the dismissal of this Officer from the Public Service.
(Signed) F. M. May, Colonial Secretary.
4th March, 1907.
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