Military Exemption Courts of the First World War - Box Hill

At the start of the First World War, there was no difficulty in obtaining voluntary enlistment of men to serve and fight overseas in the conflict. The Defence Act of 1903 had allowed for the raising and servicing of the new Australian army, but soldiers could not be conscripted to serve beyond the limits of the Commonwealth of Australia, so a volunteer force was required. 

As the war progressed the demand for new forces and reinforcements increased but volunteer numbers decreased. This was possibly influenced by the news of bloody and at times disastrous battles reaching Australia, along with a greater understanding by men and families of the horrors of the war and the associated increasing number of dead and wounded, many who may have been family members or friends from their district or town.

To address this, Australian Prime Minister Billie Hughes a called for a conscription plebiscite. The Plebiscite Bill was announced on 14 September 1916 with Australians to vote on conscription on 28 October 1916.   The question put to voters was: “Are you in favour of the Government having, in this grave emergency, the same compulsory powers over citizens in regard to requiring their military service, for the term of this War, outside the Commonwealth, as it now has in regard to military service within the Commonwealth”?

A proclamation on 29 September 1916 required single men between 21 and 35 years of age register and report for medical examination in order to be ready if the vote for conscription was successful.

The Defence Act of 1903 allowed exemption from military service on the basis of certain medical grounds, certain exempted occupations and industries, and some religious grounds. Later war service regulations allowed further exemptions:
  • For those working in protected industries and where it was in the national interest for a man to continue in his work, education or training;
  • For men where military service would result in exceptional domestic financial obligations;
  • For men who were the sole remaining son or one of the remaining sons of a family of whose sons one-half at least have enlisted;
  • For sole support of aged parents, widowed mother or orphan siblings under 16 years of age or physically incapable of earning their own living.
These regulations were in force for the conscription plebiscite. The result of the plebiscite was a ‘No’ by 3.2 per cent. 

Even though a slim majority of Australians voted against conscription, many still believed that the war was a just cause. It was considered though that the deciding factor between the initial enthusiasm for the 'yes' vote and the eventual 'no' vote to be related to the actions of Prime Minister Hughes and his mistakes in the exercise of government power. On 23 November 1916 Hughes announced that, in the wake of the defeat of the conscription plebiscite, the military exemption courts would close.

In the interim though, for those who felt they came under one of the exemptions, local Military Exemption Courts were established to hear applications for exemption. Many were held during October before the plebiscite and some were held in November 1916.

One such Exemption Court was established at Box Hill and heard applications from men in the area that included Box Hill, Nunawading, Balwyn, Surrey Hills, Canterbury, Blackburn, Mitcham, Tunstall, Warrandyte, Templestowe, Doncaster etc. where men presented their case for exemption to the Magistrate.

Six sessions altogether were held at Box Hill before Magistrate Mr. W. Dickson, P.M. (Police Magistrate), on 13, 20 & 27 October and 3, 10 & 17 November 1916, during which a total or 230 applications were dealt with. Of these, 110 exemptions were granted, 43 refused, 28 allowed temporarily, and 11 were withdrawn; whilst the remainder were either deferred or passed on to the medical board. With the exception of a few adjourned cases, the above court concluded its sittings on Friday, November 17.

A review of local newspapers contained in The National Library of Australia digital resource “Trove” provides details on those who sought exemption and the decisions of the magistrate on the above hearing dates. Listed below are the applications from men from the Doncaster Templestowe area taken from “The Reporter” Box Hill newspaper reports on each session, and the magistrate’s decision on each application.


Session held 13 October 1916 [1]

  • An exemption court to deal with applications for exemption from military service was held at the court house, Box Hill, on Friday October 13, and created much local interest. Altogether 44 applicants presented themselves, and out of these 26 were granted, 13 refused, and five adjourned. Mr. W. Dickson, P.M., presided, and the defence department was represented by Lieutenant Townsend.
  • Frank Adams and Harold George Adams, of Serpell's Road, Templestowe, both claimed to be exempted because they were partners in an orchard, which would be ruined, as there was nobody to look after it. One brother had enlisted. Both applications were refused.
  • Albert Aumann, George Street, Doncaster. —His orchard would be ruined if he were taken. Refused.
  • Ernest Ferdinand Aumann, George Street, Doncaster. —Only remaining son at home and supporting his mother. Refused.
  • Arthur Albert Aumann, Serpell's road, Templestowe. —One brother killed in action; the third aged 14. Granted.
  • William Frederick Blobel, Main Road, Templestowe. —Owner of an orchard. Refused.
  • Archie Crouch, Williams Road, Doncaster. —Sole remaining son with his parents; one brother on service. Refused. Note that in the 27 October edition of the newspaper, Mr. Crouch wrote of the need for a correction to this reporting of his hearing as follows: —"Dear Sir, —I notice in your paper (on 13 October) in connection with the exemption court at Box Hill, my case as being the sole remaining son at home. As this was not my grounds for exemption, and having made no such statement in court, I wish to explain this to the public through your columns, as some may think I made this statement”.
  • Cedric Crouch, Doncaster East. —Two brothers gone to the front. Granted.
  • John William Downing, Hunt Street, East Doncaster. —One brother enlisted, and applicant in the permanent forces. Granted.
  • Arthur Elder, Surrey Road, Doncaster. —Three brothers enlisted. Granted.
  • Ernest Edward Fromhold, Victoria Road, Doncaster. —Sole support of mother, and orchard of his own to look after. Granted.
  • Edward H. Gallus, Main Road, Doncaster. —Only son. Granted.


Session held 20 October 1916 [2]

At the Box Bill courthouse on Friday, October 20, the sittings of the local exemption court were continued before Mr. W. Dickson, P.M. The court sat till 5 p.m., and altogether 62 applications were investigated, of which 31 were allowed, 2 temporary granted, 14 refused, and 15 adjourned. Two applicants did not put in an appearance, and one was withdrawn.

  • John A. Gorman, Carbine Street, Doncaster East. —Only son. Granted.
  • William Henry Hardidge, Tram Road, Doncaster. —Only son of military age; one brother enlisted. Granted.
  • James Hodgson, Upper Templestowe. —Only son. Granted.
  • William Cameron Johnston, King Street, Doncaster East. —Supporting invalid mother. Refused.
  • Frank Kirkland, Elgar Road, Doncaster. —Father claimed that he is mentally deficient. Adjourned to medical board.
  • Francis W. Kent, Main Road, Doncaster. —One brother enlisted; supporting widowed mother. Granted.


Session held 27 October 1916 [3]

The sittings of the above court were continued on Friday, October 27, before Mr. W. Dickson, P.M. During the day. 47 applications were dealt with, of which 19 were allowed, 12 temporarily granted, 9 refused, and 4 adjourned, while three did not appear.
  • William Matthew Fitzsimons, Templestowe. —Sole support of mother, sister, and younger brother; dairy farmer. Exemption till December 31 granted.
  • Roy James Mundy, Church Street, Templestowe, asked for a temporary exemption till December 15, to fix up his affairs. Granted
  • John H. Plumb, Doncaster. —Practically only son and supporting his mother; one half-brother over 60 years old. —Granted.
  • Herman F. Pump, Doncaster. —Supporting his widowed mother and sister; two brothers in camp. —Temporarily deferred till end of year.
  • Albert and Richard Sell, Doncaster East. —Their father, Mr. William Sell, applied for exemption on the ground that their services were required during the spraying season. He had 460 acres of orchard, and it was necessary to have some practical men to keep down the pests, as he expected a crop of 30,000 bushels. —The P.M. agreed that it was a very large place to keep in order, but asked if a returned soldier could not do the work. In two months could he not instruct one to do the spraying. —Mr. Sell: No, it takes over two years for a man to become practical. He had had eight practical men employed and his own sons, but during the last year labor had become so scarce that 100 acres of orchard had to be neglected. Unless he could have the assistance till the end of March, when the spraying season finished, his crop valued at between £5000 and £7000 would be practically worthless. Questioned as to whether he could not teach two returned soldiers to do the work, Mr. Sell pointed out that he had to attend to the Mitcham cool store, which was the largest private cool store in Victoria. He had had a notice posted at the returned soldiers' bureau, but they had not been able to even supply him with a man who was not practical. Applicant also pointed out that Richard Sell was in bad health, and had only been passed as doubtful. —An exemption till the end of January was granted in the case of Albert Sell, and Richard Sell was referred to the medical board.
  • James A. Sell, Doncaster. —In business as blacksmith, and also had an orchard to look after. —Exemption allowed till end of November.


Session held 3 November 1916 [4]

Before Mr. W. Dickson, P.M., the sittings of the above court were continued on Friday, November 3, Lieutenant Townsend representing the military authorities. Of 35 cases heard, 19 were allowed, 8 temporary granted, 6 refused, one withdrawn, and one granted by city court.
  • James G. Carnochan, Templestowe, orchardist; business liabilities. —Temporary exemption granted till end of January.
  • Frederick Smith, Doncaster. —Application by his employer, H. W. Mitchell, as he was his expert and manager of orchard. —Granted till end of January.
  • Everard A. Thiele, Church Street, Doncaster. —Only son. —Granted.
  • August M. Washusen, Doncaster. — One brother at the front, and his other brother not heard of for 20 years. — Granted.
  • Robert Leslie Williamson, Williamson's road, Doncaster. —Engaged in harvest work; one brother enlisted. — Granted till end of January.
  • Oswald A. Zerbe, Doncaster East. — Only son at home: one brother enlisted. —Granted till end of January.


Session held 10 November 1916 [5]

Twenty-three further claims for exemption from military service were heard before Mr. W. Dickson, P.M., at Box Hill court house on Friday, November 10. Six were allowed, one refused, six adjourned, 3 granted temporary, five withdrawn, and two did not put in an appearance. Lieutenant Townsend again represented the military authorities.

  • Gustave Gamer, Waldau road, Doncaster - claimed exemption because he was denied the rights of a British subject promised in his certificate of naturalisation in being deprived of employment, and also in having been interred for three months in Tasmania. It was a moral impossibility for him to fight against his own country. He had served two years in the German army, and his two brothers were at the front at the present time, against whom he would be called upon to fight. Gamer admitted that he was a deserter, and if he were taken prisoner at the war the Germans would make him a soldier again to fight against this country. He had been in Australia since February 10, 1912, and was naturalised on July 30, 1914. —The P.M. said the application would have to be refused. Applicant then asked for an exemption till after the fruit season, as his employer desired his services. —The P.M.: You will have to go into camp in the first instance.


Session held 17 November 1916 [6]

No men from Doncaster Templestowe appearing.

On 11 November 1918 peace was finally declared. During the four years of the war more than 420,000 Australians volunteered for the AIF, the Navy and the Nursing Corps. Sixty thousand died serving their country.

The full listing of men from Box Hill, Nunawading, Balwyn, Surrey Hills, Canterbury, Blackburn, Mitcham, Tunstall, Warrandyte, Templestowe, Doncaster etc. who appeared before the Box Hill Exemption court can be found using the TROVE links below.

Sources:

Further Reading:


Source: Ian Schafter DTHS – June 2023







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