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which event they would not be forwarded to Vancouver at all, put a stop order on the shipment.
In a letter dated November 15, 1941, written on shipboard, Brigadier Lawson complains that " despite my repeated representations at Nation Defence Headquarters regarding the necessity for at least a proportion of transport to accompany us, none of the M.T. (mechanical transport) had apparently arrived at Vancouver by October 27, and it was, therefore, neces- sary to sail without it, though there were two holds practically empty."
The statement that two holds were practically empty must be accepted with the qualification that in the holds referred to there was in fact considerable cargo, but the reasons as to why the space in these holds, which was undoubtedly free, was not used for some vehicles will have to be examined.
As already mentioned, the Transport Controller had put his stop order in effect on October 15. It appears that he had not been told by the military authorities of the proposed movement of the vehicles until October 14, on which day he, or his assistant, Mr. Connor, had received a telephone call from Major James inquiring why none of the vehicles had left the factory. Major James had learned the fact earlier that day in a conversation with a representative of one of the manufacturers. It is apparent that at this point Major James was assuming that someone else had previously communicated with the Con- troller of Transport, presumably either the manufacturers concerned or Colonel Spearing. Colonel Spearing, on his part, has said that he did not recognize that he had any duty to perform with regard to the vehicles. Accordingly, it will be useful to examine what had been the procedure laid down prior to this time for the shipment out of the country of boxed mechanical transport and what had been the practice followed, as well as the several functions of the Transport Controller, Movement Control (Colonel Spearing), and the Director of Mechanization.
The office of Transport Controller was created by an Order in Council passed November 15, 1939. It was made the duty of this official to determine the preference or priority of movement to be given on the application of govern- ments or private persons of materials, troops, or naval forces between points in Canada. The orders of the Transport Controller were made binding on all persons concerned in such movements and also upon all owners or charterers of British ships registered in Canada in which cargo space should be required. He was also to co-operate with the British Ministry of Shipping in all matters relating to the transportation of troops, naval forces, materials and supplies required by the British Government in the prosecution of the war. On Novem- ber 16, 1939, Mr. T. C. Lockwood, was appointed to this office.
As the result of a meeting held February 6, 1940, attended by Colonel H. O. Lawson, Director of Supply and Transport in the Quartermaster-General's Branch, Colonel Spearing, Mr. Lockwood, Mr. Liberty, of the Department of Transport, and Captain Forester, of the Ordnance Corps, Routine Order 318 was passed on February 7, 1940. This is an order of the Quartermaster-General's Branch, but is binding on the Canadian army as a whole. This order applies to the "movement of unaccompanied stores and vehicles" destined for export from Canada. This was explained in evidence to mean stores and vehicles which did not accompany the troops themselves proceeding by road or rail. As the vehicles in the case of the Hong Kong expedition were not intended to accompany the troops on their rail journey, this order would appear on its face to be applicable. The order requires that before shipment a permit from the Transport Con- troller be obtained and handed to the railway by "the shipper" and when shipment "is ordered" the shipper is to be instructed to notify Movement Control the full description of the shipment, route and car numbers. Shipments are to be consigned to the Ordnance Transit Officer at the port. On receipt by Movement Control of the above information, that officer is required to notify, among others, the Controller of Transport of the information he has received.
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The Ordnance Transit Officer at the port is to see that all consignments are "made ready for shipment", i.e., I suppose, loading, and the materials remain in his care until placed on board ship. Paragraph 7 of the Order reads: "Move- ment Control is responsible for arrangements being completed to provide shipping
ce. This is to be effected through the Controller of Transport."
Although, as already mentioned, this Order would apply to boxed mechanical transport destined for overseas, the evidence is that shortly after it was passed it was found to be unworkable as applied to this type of equipment which was flowing in regular shipments to such a place as England. The practice then adopted in such case was:-
(1) The general staff was to advise the Director of Mechanization that vehicles according to a certain scale for various troops were required. (2) The Director thereupon was to translate this scale into vehicles accord- ing to number and kind and give to the Department of Munitions and Supply an order to purchase from the manufacturer.
(3) The Transport Controller received the production schedule, showing the number, types and destination, and he was to issue the shipping permits and direct the manufacturers as to when to ship, and the Controller has to arrange with the British Ministry of Shipping for the necessary shipping space.
(4) The consignee of these shipments was the Ordnance Transit Officer at the port of shipment or an officer called the Military Forwarding Officer, who, in conjunction with the steamship company, arranged for the actual loading on board the ship.
With such shipments it is common ground that Movement Control has nothing to do, and that the function of the Directorate of Mechanization ceased once the order was given to the Department of Munitions and Supply, except with respect to matters of accounting.
With regard to isolated shipments of boxed vehicles to such places as the West Indies, Iceland or Newfoundland, however, there is a conflict on the evidence as to the practice followed.
On the one hand, Major James stated that in such cases his directorate furnished to Movement Control particulars of the vehicles concerned which had already been ordered through the Department of Munitions and Supply, that Department being responsible for getting the vehicles on the cars. The Direc- torate of Mechanization also advised Movement Control of the car numbers and their destination. In the case of vehicles stored by the Ordnance Branch itself, Major James gave a memorandum to Movement Control of the quantities and types and asked the latter to make arrangements for space.
Mr. Connor stated that upon receiving from Movement Control the number, type and destination of the vehicles, he would issue shipping permits and order the traffic forward to the port by the manufacturer, after assuring himself that shipping space was available.
It will be seen that this procedure is in general compliance with Routine Order No. 318. Major James said he followed this order in the case of such shipments.
Colonel Spearing, on the other hand, says that since March, 1940, he has had nothing to do with the movement of boxed vehicles and that, in fact, no boxed vehicles have been sent to such places as the West Indies, Iceland or Newfoundland.
This conflict of evidence may throw some light on what actually happened with regard to the handling of some twenty vehicles designed for the Awatea, after it was thought there would be some free space aboard that ship. It is necessary to consider in some detail the part played by various officials who gave evidence with regard to this matter.
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