H.—26

the fact that Jones ought to have a mate's certificate in order to enable him to sit for such examination. There appears then to have been a discussion on the point whether the Minister of Marine had the power to dispense with this mate's certificate. Captains Allman and Jones state that the Minister undertook to use this power, and to issue a permit accordingly allowing Jones to go up at once for examination as master. Mr. Hall-Jones, on the other hand, states that the question remained undecided, and that he gave to Captain Allman an envelope with the memorandum upon it, —Jones, "Duco." Permit Exam. Master, —as a reminder that he (Allman) was to look into the matter. Captain Allman denies that he ever received this envelope, but states that it was brought down—he is almost certain by Mr. Horneman, Private Secretary of Mr. Hall-Jones—and delivered to Mr. Allport, on Bth July, in his (Allman's) presence. On the other hand, Mr. Horneman denies that he brought down this envelope; and Mr. Allport states that he received it from Captain Allman. Subsequent to this Mr. Hall-Jones states that he heard nothing about Jones's examination until after Mr. Hutcheson's speech in August, 1898. Of the irregularities that took place at the examination it is not contended that he knew anything whatever. Mr. Allport states that at the time that this envelope was handed to him he also received verbal instructions, purporting to be from the Minister, through Captain Allman, directing that Jones was to be allowed to sit for examination as master, though not the holder of a mate's certificate. These instructions, with the envelope, he carried to Mr. Glasgow, Permanent Secretary of the department, and we are of opinion that upon these communications, and these alone, Messrs. Glasgow and Allporfc acted in this matter, and issued an official letter to the Collector of Customs directing the examination of Jones for a certificate of competency as master, notwithstanding the absence of a mate's certificate. It is true that Mr. Glasgow now states that before issuing this letter he had an interview with the Minister of Marine on the subject, at which the instructions were practically confirmed, and also that Mr. Allport now affirms that Mr. Glasgow told him about this interview at the time at which it is alleged to have taken place. But against this evidence we have, first, the positive denial of Mr. Hall-Jones that this interview ever occurred; and, secondly, the fact that in January last, when these two officers were censured by him for accepting an unsigned and undated memorandum on an envelope as authority for violating statutory regulations, their own memoranda (page 54) admitted that they had no authority whatever in the matter beyond the unsigned memorandum and Captain Allman's assurances. Had such an interview with the Minister as Mr. Glasgow now describes actually taken place, and had the fact of its occurrence been communicated to Mr. Allport, as now stated by the latter, there can hardly be a doubt that they would then have stated the fact, and would thereby have relieved themselves from this censure instead of accepting it (page 54). We do not attribute deliberate violation of the truth to either of them, but we feel it impossible to rely on their singularly intermittent memories. We are unable to believe that the unsigned memorandum on the envelope was intended by the Minister as an. instruction to the department, or that he authorised the assurances given by Captain Allman. With respect to the latter, his testimony was contradicted by so many witnesses, and on so many points, during the inquiry that very slight reliance can be placed upon it, especially with respect to conversations. There is little need to dwell on the examination, which is admitted by both Allman and Jones to have been a mere sham and pretence, saving as to the. rule of the road and visual tests. During the examination on these points Captain Edwin was present, but quitted the room when the writing commenced, though he subsequently signed as one of the Examiners who had apparently been present during the whole examination. This appears to have been the custom hitherto, but will probably now be discontinued. The evidence showed that Yon Schoen prepared Jones's papers, and gave them to him in order that he might hand them to Allman, who was about to destroy them, and in effect did tear up some of them, but stayed his hand on an appeal from Jones. Subsequently he

vii