THE SEDDON CASE

Dominion, Volume 10, Issue 3000, 10 February 1917, Page 11

THE SEDDON CASE

A MILITARY APPEAL

OLD DEFENCE TROUBLE REVIVED

A PECULIAR POSITION

A case of very considerable interest F 1 ??.i ]joar r d b y the Third Wellington Military Service Board yesterday. Tlio appellant was Richard John Spottis.wood Seddon, who formerly held the commissioned rank of captain in the . New Zealand army. , Seddon, by the way,, claims that 110 still holds a commission, having merely resigned his position, but the Defence authorities assert that the commission itself was resigned. .. Seddon is an importer in business in Wellington, and his application to the Board w'as for exemption from service till the end of April, so that 110 could adjust certain business matters. Ho was allowed till April 1. Mr. C. P. Skerrett, K.C., appeared as counsel for Seddon. "At the outset," 110 said, "I wish to make it quite clear that the objcct of this appeal is not to obtain exemption from serving his country. If you will look at the notice of appeal; you will see that the written document makes no N such claim, and nothing is further from his wish. The object of this appeal is tq ask in the special circumstances of his case for an extension of time until the end of Aprils to allow him to complete his 'business, arrangements." Captain Seddon had hoped that this tribunal would have afforded him-an opportunity for a, statement of the history of his relationship with; the Defence Department, and so give the public an opportunity of. judging - whether his treatment by the Department had been in accord with justice or fair play. Counsel had been compelled to advise Captain Seddon that this Board did not 50 into those matters. Nevertheless, it would he necessary to make some reference 16 his position in connection with the Defence Department because it was intimately hound up with his necessity for making this application for an extension until the end of April. Did He Resign commission or Posi- ' ' tion? ' Prior to commencing business, which lie ; did in September; 1913 (Mr. Skerrett cpntinued), : Captain Seddon had been a commissioned officer in the New Zealand forces for thirteen years, l'rom 3900 to 1902 he was engaged at the South African War,' where lie was mentioned in- dispatches and recommended' by Bis commanding officer for the D.S.O. He was appointed captain on the field, and ■- his commission _ appeared in the' London Gazette (u June, 1901. For eleven, or twelve years lie held responsible positions 011 tlio Staff Corps, and was the cu U « r 1 ca i ) k" 11 th®' N.Z. Permanent Staff, just before commencing business lie had spent two years 'in special training in linglahd, and had passed all examinations necessary to qualify him for the rank of * major in tlie 1 Imperial Army. He acquired also certain competency certificates in administrative work. Onjiis return to New Zealand lie was.appointed to the position of group officer at Paeroa, in the Thames district. Whether rightly or wrongly, ]ie felt that this appointment was an injustice, and a-cutting'off from promotion. and he, therefore, in August' 01; September, 1913, resigned lu's office in the permanent force. • Captain Baldwin (military representative at the. board): I might point out that if he looks iip tlie Gazette he will find that lie resigned his 'commission. Mr." Skerrett: It' is? "quite' true that' the. Gazette wrongly recorded the resig-'hation-6f:thecoiuniissioii. ''' j

The chairman of the hoard (Mr. AY. H. S. Moorliouse): Of course, you will not air Captain Seddon's grievance in any way. Mr. Skerrett: I am not going to. Captain Baldwin: Of course, I am not in a position to combat these things. They are quite beyond this inquiry. Mr. Skerrett: You will sec their relevalico in a very lew minutes. "If a Suitable' Position Can be Offered." War broke out ou August 4, 1914, and three days later Captain Seddon offered his services to tlio Defeneo Department in the following letter, 1 addressed to the Commandant of the'N.%. Forces, Wellington :— Eccleston, Wellington, August 7, 1914. Sir, —I feel it my duty, firstly as' a New Zealander, and secondly as 0110 whom this country trained for military defence, to offer my services' in the Expeditionary J'orco now being enrolled, if a suitable position can bo offered me. 'If you think a personal interview is desirable, I shall bo glad to wait upon you at any time and placc. Yours obediently, , (Sgn.) It. J. SEDDON. The reply was dated August 7, and it ran.:— "Department of Defence, , "Headquarters Office, "Wellington, "August 7, 1914. "Dear Sir, —I am directed by the General Officer Commanding to thank you very much for your letter of today's date, and to inform you that your name has been registered, and will have j every consideration when the appointments are made. / "Yours faithfully, "(Sgd.) TAHU RHODES, A.D.C.". Captain Baldwin: I must really ask the board if this is not going beyond its scope. Tho Chairman : Well, of course, I can't say what is coming. Mr. Skerrett: There must, ho some order in my statement. I am merely leading up. Captain Baldwin made some inaudible remark. ■ _ Mr. Skerrett: Well, let me continue from that paint. Captain Baldwin: It is not for me to stop you. It is a matter for the chairman. The Chairman: I don't want to block anything that is necessary. . Mr." Skerrett went on with his story. Believing that his services would be accepted, as anyone would havo surmised from the tone of the letter ofAugust 7, Captain Seddon, sold practically the whole of his stock-in-trade; practically sold his business, and for some eight-or .nine ■ months marked time, believing that he would be called up at any'time. He heard .nothing from the ijepartment, so in April, 1915, 110 resumed business. In November, 1915, ho saw Mr. Massey, io~iiiqu.ire whether the Department waswilling to avail itself of his services, and in December of that year ho was informed that all ex-officers were eligible, and that he should put in an application to .tlio Officer Commanding the Wellington district. That was sixteen months , after the declaration of war, and when lie offered his services 011 January.2o he applied to the Officer Commanding and .'.was. appointed; to the position of captain 011 probation in tho Sixteenth Reinforcements, Mounted Branch. "Entitled to Take a Commission." • "I. want briefly to mention why that position did not eventuate," continued Mr. Skerrett. "Before, going into camp he forwarded to the Department a.letter in which he claimed I hat he, was entitled to some, recognition of his seniority b.v service, and that it was not right that ho should go into camp as the junior captain. The letter, was written on April 3, and was never, replied to." In-business, Captain-Sod-don.did'.his own travelling, and attend-.

Ed to his own correspondence, and it would bo impossible for him now to close his business before the end of April. Then ho would bo perfectly willing to into camp. A. question hinted at in the appeal was whether an officer holding His Majesty's commission, or who had resigned one, ought to go into camp as a private. Tile Chairman: There is no doubt, I think, that that is 110 question for us, but a matter'for tho military authorities. Mr. Skerrett said that he would have to bo content then with pointing out that according to the statutes Captain Seddon would have been quite entitled ,to take a commission. Would it not have been better if tho military authorities had come forward and stated their case? Would it not have been more courteous and more conducive to the satisfactory working of the Act if they had appeared and intimated their side? In fairness to Captain Seddon, he might be permitted to say that throughout Captain Seddon's services no charges of misconduct, inefficiency, or neglect of duty had ever heen made against him. No reason of any sort or kind had ever been assigned for any unusual treatment having occurred to him. Alleged Appointment in the I7ths. Called as a witness in liis case, Seddon confirmed Mr. Skerrett's statements. He resigned his position on September 10, 1913, and the resignation was accepted 011 or about September 25. When ho volunteered in 1914 he made arrangements to. got away at a week's notice. Air. Skerrett: Do you desire any exemption from military service ? Seddon': No; certainly not. Mr. Skerrett: Your business is practically a one-man business, and you desire an extension of time? Seddon: Yes. Mr. Skerrett: At the time of your i»signation you Se.lired to' be put on tlie reserve of officers.—"l did." Captain Baldwin: There is one little matter I think Mr. Skerrett mis-stated —of course, quite innocently. (You were appointed to the 16th Mounted Rifles? Sedddn: Yes. Captain Baldwin: Were you not subsequently appointed to. the Seventeenths ? • Seddon: No. . Captain Baldwin: I was given to understand that. Seddon: No. They gave me an appointment to the 16ths at a fortnight's notice, but J said I wanted three weeks or so, and Colonel Gibbon said it would suit him better if I went with the Seventeenths. Captain Baldwin: Very well, it is in connection with this appointment to the Seventeenths that this difficulty arose? Seddoii:. I got 110 appointment to the Seventeenths. """ N? Option but to Co. Captain Baldwin: You were called up in the ballot. 011 December 14, were you not? Seddon: I don't remember the date. Captain Baldwin: What steps have von taken since then to clear your stock? \ . Seddon]: I havo not had much time yet to do much with it. Captain Baldwin: I did not touch ou the military side of this matter. The statements made aro quite cx-parte, and ones which I had no opportunity of combating. Mr. M. J. Mack (a member of the board): Why didn't you go in when appointed to the Sixteenths? „ Seddon: I said that I could'not go 111 at a fortnight's notice. ■ Mr. Mack: If you arc granjed time now to wind tip your business, ar6 you prepared to go into camp unconditionally? . . Seddon: J have no option. I have made my protest' and 1 cannot do any more. Mr.'Skerrett: I may point out that Captain Seddoii is a trained officer, and will not require the same amount of time,in camp as the.ordinary reservist.

The Chairman: But they arc rubbing out the old drill now as much as pns. sible. Tile instructors say that the.v would sootier liavo a man who knows nothing than ii mail who knows a lot. 'Die chairman announced the decision as follows:— The determination of the hoard is that the appeal be dismissed, the military rcyreKiitntivo undertaking to obtain, leave without pay till April 1. ;' ; Tho Chairman (to Captain Baldwin): Will you do that? Captain Baldwin: Yes. That closed the case.