Newfoundland Overseas Forestry Unit

Brief submitted on Behalf of the
Newfoundland Overseas Forestry Unit

Centre for NFLD Studies Oct 1994
Memorial University of Newfoundland

WHEREAS a Newfoundland Overseas Forestry Unit was formed and took part in both World Wars I and II, AND WHEREAS in World War I the members of the Forestry Coprs were in uniforms and thus considered members of the Armed Forces but in World War II the Newefoundland members of this Forestry Unit were not in uniforms AND WHEREAS a similar unit was formed in Canada during World War II and it members were in uniforms and thus considered members of the Armed Forces AND WHEREAS the members of the Newfoundland Overseas Forestry Unit of World War II are being discriminated against in that they are given no equality of preference for employment, no rehabilitation benefits; no pension benefits; no sick or hospital benefits and in fact no recognition in any way AND WHEREAS at the time of Union between Canada and Newfoundland the Canadian legislation benefits for members of the Armed Forces of Canada for World War I and II were made available for all members of the Armed Forces of Newfoundland for both World Wars including the Newfoundland Forestry Corps for World War I AND WHEREAS there are legislative provisions in Canada, made prior to Union, for the express purpose of recognizing the services of people recruited in Canada for war work outside the Western Hemisphere but who were not in fact members of the Armed Forces, in particular. The Civilian War Pensions and Allowances Act Chapter 43 of the Statutes of Canada, 1946 as amended by Chapter 38 of the Statutes of 1948 AND THE Special Operators War Service Benefits Act Chapter 64 of the Statutes of Canada 1946 AND WHEREAS it is sincerely felt that this legislation is and/or can be made applicable to the members of the Newfoundland Overseas Forestry Unit AND WHEREAS it has been determined that the Newfoundland delegates, whether Government appointed or members of the former Great War Veterans' Association were not in possession of all the facts at the time of Union discussions and, through no fault of theirs, it was impossible for them to put forward a just case for the said unit AND WHERAS no member of the said unit was present at the Union discussions, the late Lieutenant-Colonel Turner having died on the way to Ottawa AND WHERAS officers of the Newfoundland Overseas Forestry Unit have now had an opportunity to get together, compile the facts and peruse the official records from the date of the first recruitment. NOW THEREFORE we, the undersigned, acting officially on behalf of the whole organization, hereby with all honesty and sincerity, submit the following facts and information for the consideration of whom it may concern in order that the members of this Forestry Unit, who may require it, may be justly treated for the special services performed by them and pray your attention thereto:-   1. WHEN AND HOW WAS THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT FORMED? By an act of the Newfoundland government passed November 18th, 1939 and known as Act No, 47 of 1939 the Newfoundland Forestry Act. 2. WHY WAS THE NEWFOUNDLAND FORESTRY UNIT SET UP? (a) War was declared by the King against Germany on September 3rd, 1939 and as soon as possible thereafter the Governor of Newfoundland informed the Secretary of State for Dominion Affairs that Newfoundlanders were anxious to get into the fight and wanted to form a Combatant Unit. Negotiations for such culminated in a telegram dated October 3rd, 1939, No. 318 one month after war was declared. This shows that no time was lost by the Newfoundland people through their Governor. (b) By telegram No. 418 dated 9th November 1939 the Secretary of State for Dominion Affairs impressed upon the Newfoundland Governor the dire necessity for Newfoundland to send a labour unit immediately to the United Kingdom for the purpose of cutting pitprops in connection with coal production in the United Kingdom which was, in his words, "vital to the war economy." (c) The Newfoundland Government felt duty bound to ask Newfoundlanders to be guided by what the United Kingdom Government felt to be most advantageous for winning the war. Hence Newfoundlanders, for the time being, reluctantly gave their ambition to form part of a combatant unit and rushed to the aid of the United Kingdom, enlisted as Foresters, and were the first group of British Citizens to sail from overseas to the United Kingdom to do whatever might be assigned to them. 3. UNDER WHAT CONDITIONS DID NEWFOUNDLANDERS BECOME PART OF THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT? (a) Each individual signed a contract for the duration of the war at the rate of .25 cents per hour, except for the first nine months of war when the special contract was for six months. (b) This contract was altered in June 1940 when each individual had to convenant that he would not and could not be transferred to any other unit or to any of His Majesty's Armed Forces and had to sign for the duration of the emergency. (c) He further agreed: (1) That he would not be paid for time lost owing to weather conditions and therefore may quite probably not receive more that $26.00 a month, the minimum pay, or approximately .87 cents per day, which was less than that received by the lowest paid member of the Armed Forces. (2) That his earnings would be subject to the Newfoundland Income Tax legislation to which the members of the Armed Forces were not. (3) That for time lost due to illness or accident he would receive only half pay. This was not so in the case of members of the Armed Forces who received full pay regardless of whether the sickness or accident occurred during working hours or not. It will be noted here that just as the pay might be higher than the pay for members of the Armed Forces so the pay might be lower. Further the regular pay of $2.00 per day covered the man's allotment to his family, clothes, cigarettes and miscellaneous, as members were supplied with food and blankets only, whereas members of His Majesty's forces were given clothing and many other amenities. AND AGAIN members of the Newfoundland Overseas Forestry Unit, disabled through accident outside their working hours, received no compensation. It should be noted further that they could be sent home due to disability from illness and receive nothing further and although they may receive half pay while in the United Kingdom, if disabled by accident, in the course of their unemployment, nevertheless the members of the Armed Forces would receive full pay as long as they were disabled through illness or accident, and a life pension depending upon disability after discharge. The members of the Newfoundland Overseas Forestry Unit, although supposed to be under British Workmen's Compensation Act, were given only a small cash settlement on discharge and that only if injury occurred during working hours. 4. WHAT WORK DID THE MEMBERS OF THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT PERFORM? (a) Generally all such work assigned to them by the United Kingdom Government through, their officer in charge, Lieutenant Colonel Turner. (b) Particularly among other things they cut: (1) Props for coal pits. (2) Logs for sawn lumber. (3) Sawn timber for all purposes including ship building. (4) Telegraph poles. (5) Timber for other defence projects. (6) Poles for obstruction purposes for air raid precautions. 5. WHAT OTHER WORK DID THE MEMBERS OF THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT ENGAGE IN OVER AND ABOVE THEIR LINE OF DUTY? Large numbers became members of a Home Defence Unit and served in the 3rd Inverness (Nfld) Battalion, Home Guard, formed entirely from members of the Newfoundland Overseas Forestry Unit. (This was the only Battalion of Home Guard formed by Overseas men). As members of this Battalion the Newfoundland Foresters were trained under Brigadier J.S. Davenport, M.C. and to use the Brigadier's own words "their role was to provide a mobile striking force on counter attack lines at various focal points in the area....they were trained accordingly to be strictly mobile and ready for any offensive operations as required....I cannot remember off-hand exactly where they were destined to operate but I do know that one company came to my Headquarters at Ness Side House for use anywhere in the area and others were to report to the Garrison Commander (Lord Gough) at Inverness". The Brigadier carries on in part as follows;- "I can say with truth that they were the only unit in the area that I felt I could always count upon to arrive at a given place in correct numbers and I knew that any task given them would be carried out to the best of their ability. Had any Germans landed in the area it was always a question of time in getting reinforcements to assist the local Highlanders and we very often carried out exercises with this 3rd Battalion to test out this time factor". The Brigadier also points to the loss of money, sleep and rest suffered by the Newefoundland Battalion during their training which was carried out more scrupulously and energetically than in most Highland Battalions. 6. HOW IMPORTANT WAS THE WORK OF THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT TO THE WINNING OF THE WAR? This question can be answered best by referring to a communication from the Secretary of State for Dominion Affairs to the Governor of Newfoundland dated June5th, 1940 and is herewith quoted in full:- No. 376 Confidential. Your telegram of May 16th No 269, paragraph 1. Steps are being taken by Turner to ascertain which loggers propose to enlist in fighting or other services on expiry of their term of engagement and result will be communicated to you when known. "Necessity of increasing output of pitwood produced in this country is of such vital urgency that as you know, in addition to asking you to send 1000 more men we have taken special steps to persuade as many loggers as possible to re-engage with Newfoundland Forestry Unit for further term. It has been suggested that it would be useful if the Government were also to publish in all loggers camps here statement regarding great value of work being done by unit and appeal to the men to continue in present employment. We are prepared to do this if result of census referred to in preceding paragraph makes it necessary and hope that the Government of Newfoundland would be willing to associate themselves with the United Kingdom Government in such an appeal if made. If you agree we will telegraph to you for concurrence in text of suggested appeal. In spite of everything, a certain number of men may decide to enlist in the Army. We have discussed with the War Office your proposal that they should be given opportunity of joining Newfoundland Heavy Regiment. War Office have pointed out that they are forming twenty-eight Forestry Companies of Royal Engineers for which there is urgent demand and that while these Companies will be part of the fighting forces they will provide the best opportunity of making military use of special skilled Newfoundland loggers. It is not proposed to do anything to hinder anyone who is set on joining Newfoundland Heavy Regiment from doing so but Turner will be asked to explain carefully to all who definitely decide to volunteer for the Army the importance and advantage of joining these Companies and to use his influence to induce as many of these men as possible to enlist in them. Strength of each Company will be 140 men and if sufficient men are forthcoming they will be kept together and company in which they are posted will bear the name of "Newfoundland". "Need of men skilled in forestry is so urgent that we should be grateful if Recruiting Organizations in Newfoundland could be advised to exercise special caution in accepting any skilled loggers as recruits for Royal Artillery Regiment". (end of telegram). It will be noted that from this time on, not only did the Newfoundland Government instruct Recruiting Organizations accordingly but each individual who joined the Newfoundland Overseas Forestry Unit has to sign a contract for the duration in which was a clause to the effect that he could not be transferred to any other unit or to any of His Majesty's Armed Services and instructions were issued to the camps that no member could join His Majesty's Forces as his logging work was of the most extreme importance. The vital importance to the United Kingdom of the work performed by these men was noted in telegrams from the Director of Home Timber Production to J. Turner, Officer in Charge, dated March 6th, 1944; from the Secretary of State for Dominion Affairs to the Governor of Newfoundland dated 18th July 1946 and from Lord Addison dated 7th December 1945 and others. 7. THIS IS A BRIEF ON BEHALF OF THE NEWFOUNDLAND OVERSEAS FORESTRY UNIT TO SHOW WHY THE MEMBERS OF THAT UNIT SHOULD BE TREATED IN THE SAME WAY AS:- (a) Ex-Service men in so far as jobs and Government sponsored rehabilitation schemes are concerned, and/or (b) Canadian Civilians who served overseas on hazardous occupations as far as the benefits of the Canadian Civilian War Pensions and Allowances Act is concerned. This may apply to members of the Unit who did not join the Home Guard Unit in Scotland, and/or (c) The members of the Canadian Forestry Corps. This may apply to members of the Unit who joined the Home Guard units, and/or (d) Persons recruited in Canada by United Kingdom Authorities for special duties in War Areas as set forth in "The Special Operators War Service Benefits Act". This should apply to all members of the Newfoundland Overseas Forestry Unit. THEREFORE IT IS ONLY FAIR TO MAKE SOME COMPARISONS:- (1) The members of the Newfoundland Overseas /forestry Unit went overseas at the urgent call of the United Kingdom Government. (2) They did exactly the same work, and for a longer period, as the members of the Canadian Forestry Corps. They were subjected to the same hazards and dangers from invasion and bombing. For a long time they were actually in the front lines of battle and this is well evidenced by the following communication: War Office, 43 Parliament Street, Whitehall, S.W.I. Ref. BM 7984 /TAI. 15th July, 1946 The Secretary, Northern Counties Territorial Army Association Gordonvill Road Inverness. Reference your letter NTA/A/43 dated 27th June, 1946, the following ruling has been given in War Office letter 68/Gen/8070 A.C. 4d) dated 6th June, 1946. "Provided that the United Kingdom was not the normal Country of the residence of the personnel concerned, they would qualify for the Defence Medal by six months service, as the United Kingdom was a closely threatened area overseas from attack outside their normal county of residence". Amendments to A.C. I 829/45 will be published in due course. Signed: A.C. Hanely, Captain, for Director Territorial Army and Army Cadet Force. (2) (a) As a result of this ruling all members of the Home guard Unit including the members from the Newfoundland Overseas Forestry Unit were and are entitled to wear the Defence Medal. (3) It is quite obvious that no person can seriously and conscientiously argue that these men of the Newfoundland Overseas Forestry Unit were not engaged in a hazardous occupation. Since these very grave and constant dangers to life and limb were endured in order to help win the war and since the work was carried on overseas and on enlistment by the United Kingdom Government, therefore, there can be no possible difference in their status from that of those covered under the Canadian Civilian Pensions and Allowances Act and/or the "Special Operators War Service Benefits Act". (4) Since their work was the same as the work of the members of the Canadian Forestry Unit and since it was carried on in the same country, in the same area, at the same time, (but for a longer period of time) and under the same conditions; and since they were even trained for the offensive warfare there is therefore but one difference between them, and that is ; the Canadians wore a uniform and the then Newfoundlanders did not. This is the only reason that the members of the Canadian Forestry Unit are treated as ex-service meanwhile the members of the Newfoundland Overseas Forestry Unit are not. Should the wearing of the uniform, under these circumstances, make all this difference? Why did the Newfoundland Unit not have a uniform? It is submitted that the only reason is because the United Kingdom Government wanted loggers and wanted them badly and fast. There was no time to provide the first contingent with uniforms. It was much less expensive for the Government to send them in their own civilian clothes and in fact the men could, most likely, work with greater ease and more comfort in these clothes than in uniforms. To thousand (2000) Newfoundland Overseas Forestry Unit men were in Britain by February 1940 whereas the first contingent of Canadian Forestry Unit men did not arrive there until late 1941 and early 1942. What difference, for example, is there between the Newfoundland Forestry unit in the second world war and the first world war? There is none except the uniform. It is the same difference now between the Canadian and Newfoundland Forestry Units. What about the Newfoundland Militia who remained in Newfoundland but are completely covered under the Veterans' Charter because they wore uniforms? Assume for a moment that, when these men were asked to join up in the Forestry Unit, they were told they would not get any after war benefits unless they were in uniform. Is it not reasonable to assume that every man would have joined a service where he would be wearing the King's uniform or have returned home? Ask any officer of the Unit or the officials concerned in the United Kingdom Government what would have happened when they were pleading with the men to remain in the Forestry if these men were told then that they would get no benefits? Not one man would have remained in the unit. They wanted to transfer to other services. 8. Now, it has been said that during the pre-confederation discussions with the Newfoundland delegates and the Great War Veterans Association that it was made clear that there was no Canadian authority under which they might benefit. It is respectfully submitted that neither the Newfoundland Union delegates nor the Great War Veterans' Association were in possession of all the facts. In fact we venture to say that it was impossible for any person to put forth all the facts on which argument may be based except some person who was directly connected with the Unit. The Newfoundland Overseas Forestry Unit Association, was officially founded on October 1st, 1944 and has a Constitution and Bye-Laws in the same way as the Great War Veterans' Association or any other such Organization; but neither the Newfoundland Overseas Forestry Association nor any officer thereof was ever consulted by the Commission of Government at the time of the pre-confederation discussions. This was no doubt due to the untimely death of Lieutenant Colonel Turner on the way for Union discussions. A delegation, it is submitted, in fairness to the members of the Newfoundland Overseas Forestry Unit, should have accompanied the Great War Veterans' Association delegation to Ottawa at that time. It is submitted that while, as has been said, the Commission of Government of Newfoundland, prior to Union, did not recognize the Unit as members of the Forces, it must be remembered that the Commission of Government, while an authorized authority, it was not a democratic Government; because if they were or even felt that way, they could never have brought themselves to appeal to the loggers to join this Unit on the pleas of the greater good they could do there than in the Armed Forces and then, when the war was over, turn their backs on the members as though they were no use whatsoever in the war. Is not that a far cry from the days when the United Kingdom Government and the Newfoundland Commission of Government were frantically persuading the men to join the Forestry Unit by preference and refusing to allow them to transfer to the Armed Forces when once they were in the Unit. Again it is respectfully submitted that the men who were members of the Newfoundland Forestry Unit were at a disadvantage as compared with Forestry Unit members of Canada and other Countries only because Newfoundland did not have a democratic form of Government at the time. 9. It was a fact well known to the Commission of Government, the United Kingdom Government and the officials of the Newfoundland Overseas Forestry Unit that, if it had not been for the continuous official visits, speeches, pleas and circulars, all dealing with the vital war work these men were performing, there would have been no Newfoundland Forestry Unit until after 1940. The members would have either transferred to the Armed Forces as the majority wanted to do or they could have been making many times as much money at home and lived in comfort and safety. 10. Certainly there is nothing in the present Canadian Veterans' Charter and the Canadian Civilian Pensions and Allowances Act to provide particularly for members of the Newfoundland Overseas Forestry Unit because the Canadian Acts were passed before Newfoundland joined Confederation. However since the Union is now a fact and since there was a Newfoundland Overseas Forestry Corps, then there should now be an amendment to the Acts to include the Newfoundland Overseas Forestry Unit. In fact we have been advised and do verily believe that the Newfoundland Overseas Forestry Unit is covered under the "Special Operators War Service Benefits Act" and this, at least, should be made to apply just as the Veterans Charter applies to members of the former Great War Veterans' Association. We submit with all sincerity and without fear of serious or conscientious contradiction that has there been Canadian counter-part of the Newfoundland Overseas Forestry Unit - that is, had the Canadian Forestry Corps not been in uniform - the necessary provisions would have been inserted in the Veterans Charter or the Canadian Civilian Pensions and Allowances Act and/or they would have been covered by the Special Operators War Services Benefits Act. 11. It has been argued that the members of the Newfoundland Overseas Forestry Unit were engaged on a Civilian contract in the same way as civilians are now employed by the United States Government for service in Greenland. This, the members of the Newefoundland Overseas Forestry Association consider absolutely untrue and a very unfair comparison. For example:- The Newfoundland civilian employees at present in Greenland or any other place in the service of the United States Government are paid as well as civilians on any other similar job in any country. They are given amenities such as recreation, leave, etc., which no member of the Newfoundland Overseas Forestry Unit ever received. Their food and living accommodations are as good as that obtained in any country at peace. Finally they are working on a civilian project in a country which is not engaged in a life and death struggle and not liable to be invaded at any time. 12. It should be noted too, that the United Kingdom Government, under whose Department of Supply, the Newfoundland Overseas Forestry Unit operated, valued the services of the Unit sufficiently and considered them as much a part of the Defence of Great Britain and such a vital link in the prosecution of the war that they offered the members the same opportunities, for attending training courses as were given to United Kingdom members in His Majesty's Forces on their release. We wish it to be understood that all statements of fact set forth herein can and will be backed up either by documentary evidence or by the sworn evidence of officers of the Newfoundland Overseas Forestry Unit if and when required. Respectively submitted on behalf of and with the consent, authority and approval of the Newfound Overseas Forestry Association. THOS, CURRAN President C.R. BAGGS Secretary ISAAC MERCER, K.C., Solicitor.

Return to Newfoundland Forestry Unit

Return to WW II Index