CO129-328 - Governor Nathan - 1905 [1-6] — Page 436

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5. As you are aware conflicting decisions have been given in different parts of the Empire as to how far men were justified in refusing duty on vessels carrying contraband of war to porte of belligerent nations when the nature of the trade or the destination of the vessel' was not expressly mentioned in the men's agreements and, as far as I know, no final decision to govern these cases has been given by the Courts in England. In these circumstances the judgments given by the magistrates here have been guided by the circumstances existing at the time when the men refused duty. Only when there has been reasonable probability of capture or exceptional personal danger has it been considered that refusal to go to a port within the geographical limits specified in the agreements was justified.

This view seema to me to be a reasonable one.

I have the honour to be

Sir

Your most obedient

Humble servant,

M. Nathan

Governor, etc..

M

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