}
VOLUNTEERS AND ACTIVE SERVICE REFUSAL TO GRANT CERTIFICATE
OF DISCHARGE.
WHAT IS A LEGAL SUMMONS TO, ATTEND PARADE!
THE QUESTION ÖS-PAY:
A case of intera to all volunters was heard, recently, in the Police Courtĺ at Klang, Selangor, before Mr. W Pryde. Mn Pryde is generally consider. ed one of the most astute lawyers in the F.M.S. Civil Service, and his decision in the present case will, no doubt, deter mine the future status of the Malay States Volunteer Rifles, a bods of "volunteers'' who were pressed into)
THE
except when on active service, could resign from the corps by giving 14 days' notic
The wording of the Enactment was quite clear, but was the corps on active service! It was not for him to argn, the legal point: the onus was on the Commandant
Mr. Mackie replied that although they admitted the procedure, they did not admit the circumstances, and at the time of the application of March 20th.. the M.S.V.R. ware on active service.
Mr. Ford asked if the M.S.VR were on active service when plaintiff made his subsequent application to resign,
HONGKONG DAILY PRESS, MONDAY, SEPTEMBER SIND, 1919.
ARMY ACT QUOTED,
After referring to definitions of "active" service," "colony" and "persons sub ject to military law," counsel read section 159 of the Army Act, which provides for the Governor of a Colony declaring that the forces in the Colony should be tempor- arily subject to this Act as if they were on active service. It was pointed out that this section further provided that on publication of this declaration in General Orders the forces were to be deemed to be pa netive servic, «
Mr. Mackie then produced a series of Gazettes in which these declarations had Mr. Mackie: There is no mention of beer pablished, each declaration being for subsequent application in the appeal. Its period of three months, and pointed out appears to me that the onus of proof is that the declaration made at the begin
A
INDUSTRIAL COUNCILS.
MR. WHITLEY'S ADVICE TO MASTERS AND HEN. EED OF CONSTRUCTIVE, CO-OPERA-
TION.
Mr. J. H. Whitley, M.P., Deputy Speaker of the House of Commons, was the thief speaker at a conference on Industrial Councils at the Summer Meet- ing of Extension Students at Oxford ou August 7th. He said he was privileged. some two years and a half ago, to be called upen, with a number of colleagues, to attempt to produce a scheme by which at least some of the difficulties of the future" He had with him 'most might be met.
valuable colleagues from amongst the chief Trade Union leaders in the country,
"active service in February, 1815, when the sappellant. He should first of a provening of March, 1918, was in force at the and also very many of the leading repre
abortive mutiny took place in Singa *pute.
In the presence case, Private, Stephen Winthrop, M.S.V.R., uppented against the decision of his Commandant, Lieut.. Cof J. P. Swettenham. refusing to grant him his certificate of dischargi,
The appellant wity represented by 31r.
· P. Barnard Ford, and the respondent by Mr. Vivian Mackie
that he adopted certain procedure, which date of Pte. Winthrop's application to we aduit, and that certain circumstances resig There was then, produced the existed which we deny.
M.S.V.R: Orders for April 1918, which contained the same declaration
The Magistrate: The onus is on the Commandant to show that the corps is really on artive servien,
Mr. Ford said they had received no in. formation as to what the Army Act was
Mr. Mackie replied that it had appear. rd as a supplement to the Gazette,
Mr. Ford then pointed out that publication of the M.S.V.R. Orders
Were they to accept
It was A great sentative employers. gratification to find that after six months working and thinking together, they were able to come to a decision of unanimity, and to present a unanimous report.
thing They agreed that in the days to come they must look at industry not as
divided the population into classes which
sb
were
piece
go
true that
in industry into a great Mr. Mackie continued that active 'ser-they were not all fortunate enough to but which waited these
of national service. If it were not a condition which could be hare copies in their possessio
it vice was
af right a matter Essentially
might be and of absolute the lower ground for surely it was true that brought about in various ways, and be would endeavour to prove that the
the unless this old country were to come down her leadership of the nations: of the world..it was an absolute pecessity Mr. Ford said that Mr. Mackie had in M.S.V.B. were on active service. He formed him that he was willing to admit could show no Gazette information issuer
at cease from her
the united and the cotta
efforts of constructive xil the facts and there was only a legal by the Chi Serretary, but he could pro-question was subsequent to the date of that their industrial efforts should be puint to be decided. This was an appliance document signed by the Chief Pte. Winthrop's application to resign.placed on a basis which would call forth In answer to the ease as argued under all those, of whatever rank, who were
HABIT
OF PAST DAYS. entire under section of the Volunteer Secretary, calling out the M.S.V.R. for
It had been too much the habit, in days Enactament; 1913, which provided that active service. The primary object of the provisions of the Volunteer Enact engaged in that service of industry.
as the work any Volunteer, except when; on active Lieut.-C. Swettenham was not so muchment, Mr. Ford said an order had been
He submitted that those who had been described as
ers mis-description, he thought, or a service, could quit his corps by giving to retain the appellant, as to find out raade by the Chief Secretary, but it had gone by, to think that the interests of
how the M.S.V.B. stood in view of the not been published.
partial description-in industry began 14 days notice. The facts were more or
worked and the amount of wages they l'een covered by correspondence which present state of legislation. They desired the Court could take no notice of the para.
Edrew. His beg?m«gle and himsel found passed between appellant and respondent, to obtain information is client would graph in the Malay, Mait, as it did not and ended with the number of hours they that every man and woman engaged in and counsel thought the best thing he be sorry to lose plaintif, but that was appear to be an authorised statement by
Om quite a small matter, and the essential the Chief Secretary, bat just an ordin-themselves in agreement on this principle, could do was to read the letters.
that the Malay Mail's news was official industry ought to have some interest in that industry beyond the wazes or They be March 20th., Private Winthrop write to point was to ascertain the law, and they item of news.
in that the barrier which hitherto, the Commandant giving (4 days notice. Commandant, therefore, had no reason to The document should have been published salary they were entitled to
in the ordinary way in the Gazette, most instances, at any rate, had divided two and stating that he was willing to de
cause if plaintiff saw the paragraph in those engaged in industry into
tad no proper liver up his clothing sad equipment. He was resigning because his health was
the paper he would not be bound to take sharply deaned classes
With regard to the con believert it was
both in the in not as good as it had been, owing to the
notice of it. fact that he had been aine years without
dividual factors and workshop and in part of the great national effort, that there should be joint working construc- Home leave. "Appellant received a reply
the councils of industry as a whole as
to that fetter, but it was missing.
tive co-operation on the part of all per- industry
(Cheers.) As to the contribu sons, men and women, engaged in that
if ishing: surely they had, learned any tion which persons were capable of furn thing from the experience of the last five years, it had been this. that there was which had never been measured, never a contribution in the way of leadership discovered, hardly even thought of before He wondered, at the war came about.
how maoy af
Avoid service of summons.
Counsel produced a document, dated February 16th, 1915, and signed by the Chief Secretary, which stated that owing
to the great local emergency the Chieffidential letter, it was not suggested that Secretary may call out for active service any Volunteer had any knowledge of that Counsel submitted that the only reason- every member of the M.S.V.R.
Mr. Ford did not admit the document.able way in which it would have been He had never seen or heard of it before, possible to bring the Chief Secretary's and he did not suppos y member of order to the notice of all members of the It might have been M.S.V.R. would bave been by proclama the., M.S.V.R. had, made the previous day for all he knew,tlon, or by large advertisements in the or it might have been pigeon-holed, in Malay Mail, and by sending a postcard the Chief ecretary's face, for all those to every man. years.
He wrote to the acting Adjutant in swer to it on April 1st., stating that he did not understand the phrase contained ir the letter," on active serview. If he was on active service, which he did not admit, then he was entitled to pay. That Metter, said counsel, was sent through the acting O.C., B. Coy. Appellant waited
Mr Mackie continued that on February 11.ays, and on April 15th. wrote to the acting, Q.M.S., B. Co.,. asking when it 19th, 1915, the Under Secretary wrote a would be convenient for him to receive letter to the Adjutant, stating that he had bis equipment. In reply to that letter, been directed by the Chief Secretary that appellant received a communication to the order mobilising the corps might be, the effect that the QM.S. had been author for the present. suspended. rised not to receive clothing and equip ment, and applications should be
ade
to Lieut. Col. Swettenham. Hearing no thing further, on April 22nd., uppellant wrote to the acting Adjutant raking him to instruct the Quartermaster to take his equipment; as he did not wish to be held The acting responsible for it any longer. O.C... B. Co., replied on April 24th, that the 31.S.V.E.. were on active service, and appellant's application had not been approved.
NO PAY.
LETTER TO CHIEF SECRETARY..
The findings of the Court were to have been promulgated on September 16th.
COMPULSORY PARADES,
Another interesting M.S.V.R._case_cause up for hearing before Mr. W. Pryde (magistrate), at Klang Police Court on Septemner th.. It was that of Private who G. R. French, M.S.V.R., Klang, appeared in answer to a charge of fail ing to attend a compulsory parade to which he had been summoned on May 23rd., and there was a further charge of a similar nature in respect of June 27th.
Lieut. Mandy, acting Adjutant, pro- secuted on behalf of the M.S.V.R. and defendant was represented by Mr. P. Barnard Ford
received the summons.
an
reason for existik loager.
They
the time of the the butta-
C010-
those who led the comp
in the lions, the armies, of this country, i field had risen from the ranks. His mind was filled with the thought as to how could be brought to these great resources. the service of constructive industry for the bettering both of their own
whole world. nunity and the
MACH INDIVIDUAL'S CAPA
CAPACITY. There was in"industry, more than in war, a discovery of that kind, he thought, to be made, "Could they afford in the days of peace, to leave these fields un- tilled, to leave these possibilities unused? Nu, surely the greatest of their endeay. ours must be to find everywhere the could be put to the best service of himself, his family, and the Then they came to State as a whole.
whereby that could be consider the
means They proposed scheme which
evenue
each inreby the whole capacity of
Mr. Ford did not admit that defendant act that at the head of every in-
Lieut. Maady said the parade was doti.
·M.S.V.B. being an active service, be had reply to that letter, dated March 11th 1 bed in the Gazette, and if a man didntatives and half of the Tende:
reference to not yet received any pay. If a cheque was sent him he would withdraw his re- signation, and give his pay to any charity
named..
see it, that could not be taken as an ex-
cuse.
there should be a joint council of balf of the employers' re- Union leaders representative of the man and women engaged in the industry that The magistrate thought the M.S.V.R.
When at the other end of the scale-and
the individual was not less important in. they were trying to alter the law. the Court Bummoned anyone Werd always in
position to factory or workshop-there should be prove service. Would the whole issae same means of constructive co-operation. of this was the welfare notice in routine orders was a summons? of every man and
-0... B. C., stating that bis resignation called out should assemble somewhere he decided on whether publication of a The first purpot woman engaged in that!
Coin-
Lieut. Mandy said the orders were and secondly, the industry!
to every member, and the M.B.V.R." took that as sufficient warning to attend,
On March 10th, Major Fox, command ant, wrote a confidential letter to the Chief Secretary with reference to a converan tion which took place the previous day (counsel had been unable to find any re ference to that conversation) on the sub- ject of demobilisation. The Commandant recommended that demobilisation of the whole, corps be continued and that the out-station meinbers at Kuala Lumpur be allowed to return to their homes. He On May 4th, Private Winthrop wrote recommended that 125 remain called out thea Kuala Lumpur and 100 in Perak. The stating that, with
was to the effect that the Chief Secretary had no objection to the courses proposed. Counsel said there was no definition of mobilisation or demobilisation, but Lieut. On May 22nd. appellant received a Col Swettenham was of opicion that further communication from the acting mobilisation meant that any person when of mobi had not been approved, and that it was and that, although not in a sta not usual to give reasons when dealing isation, they might possibly be in a state of active service as prepared for mobili with men. Appellaat received a munication on June 18th. From the acting sation. The MS.V.R. were put on active C.S., B. Company, summoning him to service by a certain procedure. In the attend the Orderly Room at Headquar- absence of any definition of the word, Lers.
Counsel The following day appellant re- counsel thought it might be possible that mind is what is the meaning of summonsi
of the the term implied assembling. ex-member plied that as an ing summoned to the Orderly Room, Secretary's file, which had been sent by but it the acting Co.-Bergt.-Major the Under-Secretary to the Times of "wished to see him, perhaps he could falar. It stated that owing to the manage to be there about five o'clock on trouble at Singapore it had been decided Lhe day mentioned. Appellant wrote to to order mobilisation. Counsel went to. the acting O.C. on June 24th, asking that the office of the Malay Mail, and by look. big resignation might be considered, either king up the files saw that a similar notifen. the one dinted March 20th, or the subsetion had appeared in the insue of Febru-prove the facts besond reasonable doubt. quent one of April 1st, and if he would ary 20th, 1915, (produced).
Mr. Ford, said it did not appear to be not do this then he again gave 14 days" notice. Some further action was taken, an order, made by the Government; it was and, in "consequence of summons issued, simply a news paragraph."
The Magistrate: Supposing the Chief appellant did attend the Orderly Room, Secretary made the order and it never but in mufti, and was fined $25.
appeared? attempt was made to recover that money,
Mr. Mackie contended that there was! but His Worship held that the only way
no provision which required the order to in which a Volunteer could be fined was to lay information before a Civil Magis. be published in the finzette, and although trate, and it was for him to judge whethey had no formal rotification in the ther there was sufficient cause for the Gazette they had the paragraph in the In calling out the private not attending parades. Appel faly Mail
His Worship: The question to
Son
42
its maximum contribution to the
of the State. H& way glad to say that at the present moment there were of these representative joint industrial councils in existence representing that Men and women who devoted their
Lieut. Mandy said when defendant was number of 10 ply the whole of
to a number of pur-
M.S.Y.R. he strongly objected to be raid he had found a telegram in the Chief summoned to attend the Orderly Room worked to know
An
he did not dispute receiving the notice. He could prove that the notice was posted, and if it was not delivered he took it that it would have come back to
them..
His Worship aid this was a criminal case and, as sach, the prosecution must Lieut. Mandy said their whole point was that they published orders which con- He took it that it stituted a summons. was up to defendant to prove that he was on parade.
His Worship: Can regimental orders alter the law 1.
Lieut. Mandy replied that," according to that, a formal summons must be sent
every man."
poses were
something to
proposes, and
the meaning of the work they did be taken into confidence; and if they had contribution to make for improving the methods and purposes of industry to be allowed do so.
to
Hike He should to kee the workmen's leaders and the employers occasionally making a tour round the world to see how their own industry was conducted in other
bring which would home with them are
all engaged in accrue to the benefit
on industry. their own
It could be
easily difference understood what a
that
must make to the men and women engaged in a large factory to feel that their elected representatives had opportunities of put: their own proposals for the comfort and health of themselves and their fellows, and hearing the other point ting
of View about proposals that might be
That to
w.bea any great Baartmade. More than
factory it should be discussed and be manage by the 31.S.V.R than was the Gazette,
WE's is a Volunteer duly summoned ment and
Service application,
a take-it-or-leave-it spirit. in as stated by plaintiffs counsel, and was the paragraph in the former paper was the Yo produce no evidence of the te- tone who thought must at times be t
Mr. Mackle said be accepted the Inets and counsel submitted that in this case within the meaning of section 12 of
Enactment if the prosecu ¿WES the need of the world today. Ever
that were troubl agreed that, apart from the question of sufficient.
M. Mackie continued that, in addition ceipt by all the ed by many could
into their active service, Section 6 had been
to the procedure under Part 2 of the prosecutor can do is to declare that a But if they plied with.
Volunteer Enactment for calling out the copy of Company Orders was despatched purpose the idea that what mattered was and the amount of grvice they could-render M.S.V.R, on active service, there was an by post and has not been returned, Mr. Ford continued that the only altogether different vad separate proce that the Company Orders required the to their fellows in their own nation and, grounds that had been disclosed for re-dure under the Army Act, which had been attendance of all members of the unit at through the nation, to the other nations
a compulsory paradel
of the world, then they would come tafely fusing the application were contained in extended to the country by a Unzette moti.
through the troubles that surrounded the words of "anb-section 1. Section 6,fication made in terms of the Army Act
them. (Cheers.) which was to the effect that any volunteer, Enactment."
I
His Worship: I should not say that; should say you should get the
Ist thought the time had arrived when M.S.V.R, the Chief Secretary had done met altered. Try and induce the legis new departure.ws going to be made thi the matter should be settled, and he had everything necessary. The Malay. Moit tare to fall in with your wishes.
than
Both prosecutor and counsel for the COLON & JOLDE decided he rather therefore instructed counsel to make this was far more widely read in this country defence agreed that the point at isine being brown at the heads of employés.
GROUNDS FOR REVUSAL
com
can
The finding of the Court was to have been given on September 16th.
the
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