WATERSIDERS IN COURT.

Auckland Star, Volume XLIII, Issue 141, 13 June 1912, Page 2

WATERSIDERS IN COURT.

THE P___3_g_ STBTKE. . ER(X__D_SBS ___DS_T- _SB'___. - Actum was t__ at "_s _ipsi_te'« Court t_3 •mf rT '' T 'g against a number of men who were charged wit- bang concerned in tbe .strike .on tbe Paparoa on tbe 22nd of _st" November. . Mr. Selwyn Mays appeared for the Department, and Mr- R- F. Way for tbe • defendants. Joseph Richardson, the first man'called, was charged that on the __dr -of November be was a party stoke when discharging, the s.s. Paparoa. "Mj Way said it would shorten the proceedings if the evidence given .in the - case against Mr. was taken as applying to these actions. Mr.-'■ Mays 's_d; _c "was. agreeable, to that course' be_g~ adopted. ....". Mr. Kettles I have no evidence of any of these men being-at the meeting. Mr Way contended that there was no evidence that were present at tbe meetings on the 21st and 22nd, and no evidence l&ey were on strike. Mr Kettle s_d he held there was a prima facie case, sufficient to go to a juryMr Mays pointed out _at _ Sr Cadness Bad given {_»_££ ofTinen who- were called"" to~go~io work" on the 225_ Mr Way said some of tbe men charged :we3re tbe meeting. " __ _ett. __. ■there ;bad. bepn'amp.le oppOTtnnifcy for them to giare evidence. _rp_iEN_e- jXDfi. _>_r_NGE. .JbsepE Way, deposed" that hie, was. working, at the Paparoa- on the 2-lst, He _nocked off for the. fain* .and' __tv_o}_3.'. 'He" aid : not attend the, meeting ..that, afternoon- .' N_rt:__a_ng he returned to the; Papa-lroa;'to.--work a_. aatL, .but jthere "was : nobody" there." He met three fellows coming back who said there "was nobody at worlc He then 'went back -to tbe sited, He didi not hear any letter read, and took no part -in -any meeting; He Tvent 'back to work' when Mr-_ Collett t_d afl-the men on the Paparoa to return to their e_pjhjym_nt. Mr Collett also said, "TouTTget your extra money." Witness would' have gone on again on the morning of the 22nd at 1/3 per hour if the other man bad been there. By Mr Kettle: *He~w ; ag.' no. party •whatever to what was being done. Robert Robertson (another defendant) was similarly charged. He stated when he knocked off for ;iain"o_" the ,21st he went-home.. -Hewras at.the ship at .8. am. on the ,22nd, but there was nobody there, so he-returned, .-.-.■ .-■■---■ -■■ By Mr-Kettle: He did was to foe-faouble-wben he knocked off on the 2i_t ._ _ • •-■'■ Mr Maya' at this' stage asked that the otber'-defend—its ..should- be- ordered out of Court"' '"" ". .'!.":""-! Mr Way objected . . -'-' •Mr Kettle said be had no power to order defendants out. of Court, but he thought -it would be well if' Mr Way asked them to retire - - .--- - - - - -Mr. "Worship- thinks that wonld ..he wiser, they-ean -go.-~-Go cut *of Ctrart.''' ~ -" " " *~ The, o_er 'defendants' then refcrredV .Defendant, cpntinuing, .said—be met who 'told, _m_.the men were all at the shed* so _r'-.iH_l thferß td&"-The . men were-aH- talking, nobody listening_ Pxeseatly _r'C^Jeti- ; toid them to go, to .wd.rk.ai_ ■he (witness) went: - • George.-flanigan (another' defendant) deposed when -fie' kaolcked;'off 'for. the • wet. era':.'.the 21st. he" went 'home. -- Next «n.orhing .he started!' work -on the Aimerley. -He did not.__ bearing and Co. that he was not ret__mg to the BapaT °u. .-He; did" n.t"v think :sbe employer j considered hijj very., mhch." '___ he- re-qtSres-Jsrjm-y: iaJbaur."-'.". •;...-. •_ ,'.•.. ~, Charles Holmes (a___er ■defendant) stated he knocked off work on the .21st, and next day started,on the Navna. By Mr. __y_- -He bad never worked ' 6UT_rph_sp_itesrSb-.bad as-that-lot.; _"c wg_ jtot. at. _a :_eet_g-on • the 1 morning, of the 22nd. 3le .vas _bwahelow at the ! .time. .'-._._ . .-. .:'.'..' ■:__:: :. ■' J. B. Jacobs gave "similar evidence about knocking off' owing-to- _he : wet . weather.—-He _____ __ **« o?n d to resume work .on the-Paparoa, when be ■ met some_of ' _m there-was no _c took no- pair*-in- suiy-meefejg,- being, anxious 'to - go back _g..p?as prep'£_e_-to bave--res_aed--wark- at 1/3 per hour. The first time- he heard" ''pebbles * mentioned" in jQourt. : Charles Molter sfat«i"Be"waßin tEe morning of the -2_nd,- and.when he-.heard Mr; Collett say they could "fettifn to workj he did so. He -was quite/satisfied to' have, worked'.at JSi£. cargo;-""' "" ' By_Mr; was-gqing onjin the shfed on" the" 21st'wbiie witness

was:ea_ig_s-hmc_ -It was-'six-months aefp, : and-he could'not-givei thei Sanies of the _en present."' He was"_ffing at the otter.Oß^ ; T>f~j^f:shed...He '.was more in--terested inthisrdiiiner than, the:meeting. He--knew-he should- take.interest -in-th_ —ttbh-prqceedingsj^^buT»;as 1 -s.'matter of fact he did ,li__e more than ;gq to. the sbefl to be engagedj and. keep his ijrings:tber_ David ' -Hook (anolier defendant), stated"-he-'-was driving a winch ;aj the. Paparoa. He - Went. -'Stradglrt home on. _«.__>^w___Aey._jp(ied-off -for the; rain. Next .morning he was returning to w(_k, 7w'fien*h6 -was : mfoimed' it was no.;use to go because was .-depute oh, and the men" were 1 up,in-" roomT He went up. Mr. White was there, and" after a letter "was r'fead; they-' were told tp ; go back' td. wqsrk;____e7_ .to.ok..any part-in-_e-meetings of' tb iihion. '•""." -_y. JHp, .took the .increaseii pay. ■ ,-- ■- ;.; ;•-' •■'•--. Mr. Kettle? Any man, Would take in-

crease.d paj when ifr;wa's_ojlgred't. hjm. •T.- .. - TTrrrtph ;'X .aoijve. stated that when-Jhe off on the 21st he went jflffie.. He intended -t0, 7 g0--h_>k to .work, .the; next, morning. There' was a little--grunahli.g at the cargo. There always was' with' that "s.__T On r £6e morning of the '2nd 1. wharf to rea _ac" work,' when The met Mpssrs. TiDej: and Baker, who"said there was not going to"be any work,' so they retttrhed to the waiting xoppx He heard Mr, Collett

say:,. "Boys, go back .to : work," just as he entered theshed.:.M. Cadness then . got on_the.pla___. and called out their i names. He was no party to a__-'stf_e * ipr. increased pay. ,'■."' .~ —— —' - In'"reply to Mr. Ke._; wi__i _,ia I he was qmte satisfied with the ter_s of his employment.- As to-giving notice leavmge^teytr_nt I .he thought all right if; _ worked both ; mc th e '^ s es . eserved' tE. _** *,n_n at. a,moment's" notice. .. •--->-.-. ...ryf»»!»«« .Thomas ~ Eerguson ~, __. fendant) -■ seatea-that" ,e"weiit^strai'<riif 21st, and returned to. work ah B"~a._. «_is_jd. -with his pay,' a_t-_a-,-nQt-:B_d e _iy demand for .__;. 'li_tea6er;-iw&en. he: got to ' "the - sbnQ, _T"__id''_ujy i #ring to js& jjet_x_e_ .&►,

„ejfbo_; __ey _id. Baker % told him there w_s no work. They _d not __ him not to -mode. He,did not take part in.any meeiang. He -was no party w±_t- ' ever to the tro—bJe. " :-;:_lfc_era7i-;f_ hawaot s_aa;__3_a_, your Worship.* tTjanghter.) He'did not see why that should cause a laugh- If the other men had been, there fce.-woajd have been woefcing on the 22nd. Mr. Kettle: Are they a_ say the same, Mr. Way? ■Robert Wiffiam Ainsworth (preajdient' of _c union at the present time, and also one of the, defendants) deposed to knocking off on the 21st for rain, and going home. He did not attend any 1 meetings, a_S returned to the' shed in the morning to be re-engaged. If they. knocked off, and were not paid to stand j bjr, they bad to be re-engaged- He was working in No. 4 hatch, and heard the men talk about wanting extra -pay for ban—ing the superphosphates. He was going to ask for extra pay,, but. some of the Other men asked first, :so_be__did not There -was a discussion, and it was considered 1/6 per hour would be a fair thing. That only occurred in the hold. It was not a meeting of the union. He did not know Mr. Collett had written stating-that the men declined to work under 1/6 per hour. He was no party to that letter. He was prepared" to work on tbe morning of the 22nd for 1/3 per hour. It" was then he. found there was ___i_rbi____~".."--. " 1". By Mr. Mays:. Captain Prosser; came down the bold, to loo_ at the cargo in response, to complaints of the men. He did not know the process by which 34 men failed to resume work on .the 22nd. Mr. Kettle asked witness if if would not be better to settle matters in the, depute "amicably. /"Witness -Yes.- ---"" Mr.'' Kettle: Then'you, are against strikes? " : z.' " . ". - Witness: Yes. There is a local com- : m_tee" to settle matters upon which there.-is a dispute. ---Mr, Kettle-. You wo_d hot gb off work because, a demand has not Been complied with? « Witness: Individually the men have a right to knock off work wben they "pease, but under the rules of our union there is a local committee to settle these things. 'Mr. Kettle: There is also an' Arbitration Court. Don't you think the proper course to deal with disputes is the constitutional method- set up by statute? . - Mr. Way: Has that anything to do with "the present question, your Worship? , Witness (in reply to the question): J. don't know. Mr. Kettle: Then stand down. Mr. Way: I would wish to explain, your Worship, that it "was the truckers who complained to Captain Prosser; and not the men who were down the hold Mr. Mays: All tbe truckers have said it was the men in the hold who com- . plained. . " - , --Thomas Woodward (another - defendant) was called. Mr- Way intimated that be did' not intend to call any more evidence, but pleaded not guilty. Mr Mays said he would call the secretary. James Collett deposed_ that Thomas Woodward" was "present at" the" ifieettng, and moved the resolution. Witness could not give the names of the others present There were about 50 men at that meeting, but witness could not state that all the 34 men on the Paparoa were present at-tirat meeting; - He could not names of the men who asked him to deal with the matter of- the superphosphates. He could not tell who reported the grievance to him. It came to him from members who were, not working the ?aparoa. Mr. Mays: When the men passed; the resolution that was a declaration of war. When were the men to get the answer? Witness: The men could have gone ■back to -work." right .-.-away- had they chos_u 7.z.~ ," .——" — ~M£""Kettte'-- It is quite obvious te-i» e that wi_n the men passed that resolution they bad" made up their minds not to go back to their work until then-demands-were satisfied. By Mr Way: It was a rule that when a man was knocked-off, he had to be re-engaged at the shed. Witness: Can I make a remark? Mr. Kettle: Not here. You can do that in tout appealWitness: I am not going to appealI have withdrawn it. -_....., ~ Mr. : Kettle pointed out that «-**£ rules of the _nion bad been followed, there could be no trouble, as the men were-"not empowered to strike pending negotiations re -their demands. "Mr Mays said "he would ask for the fall penalty of £10 in Woodward's case He w_T present in the Court, and did not see fit to defend the case Mr Way asked that the case be struck out against Woodward, because it had not been proved tttft he struck. . Mr. Kettle said there was a prima •*fIF&S said be" would under these ! circumstances cal tbe defendant. Sas Woodward he would not gTback to work atm Paparoa be_usf the job was posed the resolution at the meetingT"By_r; May: ,Wita_s-<!pmpla_ed-tQ Captain Prosser that SSTrot ■•_»■ lungs out tbe same as it £_, doing the bags. He. did not, ask. for said the. only'reasonable _____ to.be drawn, from the evidence. ■w_Tt__ W resblutibn:'wa S a--d_lar r tion of a strike. Woodward moved rt, not 'because bis health was, mwnlW, but because he did not receive 1 l/€ par hour More than a normal, fine-must -be imposed in Woodward's case. The penalty would be £5, ' '.." ~ . 'Charles' Donald did not appear, but Mr. Way pleaded "not guilty" on bis behalf. .' ;" _._ .' ~„ Mi. Kettle said this man was in-a different position to Collett .and Wood-, •ward, as he might have, acted under influence. A penalty of 20. was imposed, '%: "Way "gave notice pf . appeal -m each" case." ....