Thursday 29 September 2016

INQUIRY NOT TO BE HELD IN SOUTH AUSTRALIA.

The Sydney Morning Herald, Monday 29 May, 1911.

THE YONGALA WRECK.
BRISBANE, Sunday.
In connection with the loss of the steamer
Yongala, the Premier has received a telegram
from the Acting Premier of South Australia
stating: "The Marine Board of this State does
not consider it its duty to hold an Inquiry
into the disappearance of the Yongala."
Mr. Denham is referring the matter to the 
Attorney-General for his opinion on the 
constitution of the Inquiry which it is 
proposed to hold in Queensland.


How intriguing. Why would this have been?


The Brisbane Courier, Wednesday 31 May, 1911.

LOSS OF THE YONGALA.
INQUIRY TO BE HELD IN
QUEENSLAND.
ATTORNEY-GENERAL'S OPINION.
When the Premier (Hon. D. F. Denham) 
received information that the Government 
of South Australia would not hold an 
inquiry into the loss of the Yongala, 
Adelaide being the port of registration 
of the vessel, he sought the opinion of the 
Attorney-General (Hon. T. O'sullivan) on 
the position of the Queensland Marine 
Board in making an investigation. 

Mr. O'sullivan wrote: 

"I am of the opinion that an inquiry into the 
wreck of the Yongala can be held by the 
Marine Board of Queensland - By section 
11 of the Navigation Act of 1870 the board 
has power to inquire into any matter in 
connection with wrecks or casualties. 
Under section 3 of the Merchant Shipping 
(Colonial Inquiries) Act, 1982 (repealed 
by the Merchant Shipping Act of 1894), 
every court or tribunal then or thereafter 
authorised in a British possession to make 
inquiries as to ship-wrecks or other casualties 
affecting ships was empowered to hold an 
inquiry into a shipwreck or casualty occurring 
to a British ship on or near the coast of the 
British possession or to a British ship in the
course of a voyage to any port within a
British possession. Before the coming into 
operation of the Merchant Shipping Act
of 1896 the Marine Board of Queensland
had power to inquire as to shipwrecks so
occurring. Section 478 of the Act of
1896 provides 'that the Legislature of a
British possession may authorise any court
or tribunal to make inquiries as to ship-wreck 
or casualty so occurring. This section is more 
restrictive in its terms than the corresponding 
section under the Act of 1882, but was not, 
I think, intended to take away the powers 
possessed before 1895 by the Marine Board 
as to holding inquiries in cases such as that 
of the Yongala. (R. V. Mason, 0 W.A., L.R. 134.)"
The Premier said yesterday afternoon
that the State Treasurer is the authority
for issuing instructions to the Marine
Board, and as soon as he returns to 
Brisbane such instructions will be issued to
hold an inquiry in regard to the loss at
the Yongala.


This was a strange turn of events. That there was almost a refusal on the part of the Government of South Australia to hold the Inquiry begs questions. From a practical point of view there would not have been logistical obstacles to holding the Marine Inquiry in Adelaide. I can only think that there remained some form of animosity between the city of Adelaide and the Adelaide Steamship Company which might have had a negative impact on the outcome of the Inquiry. See:

http://yongalarevisited.blogspot.co.za/2016/08/complaint-against-custom-regulation.html

It will be very interesting to take a detailed look at the Marine Board Inquiry transcript which I intend to do shortly.

Marine Board and Customs Officers, South Australia 1885 (courtesy Arthur Collection)



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