PROSECUTIONS IN 1917

Auckland Star, Volume LXXIII, Issue 234, 3 October 1942, Page 6

PROSECUTIONS IN 1917

MAGISTRATE AND "COMPACT"

The coal miners to whose prosecution in 1917 the Attorney-General referred were charged with complicity in a "go-slow strike, contrary to War Regulations. When the charges against nine of them came to hearing, their counsel. Mr. R. A. Singer, on their behalf, pleaded guilty. Mr. A'. R. Meredith, for the Crown, informed the magistrate, Mr. F. V. (now Mr. Justice) Frazer, that an agreement had been made between the Government, of which Sir James Allen was then acting-Prime Minister, and representatives of the miners. I'nder this, every man concerned in the strike was to return to work and abandon the "go-slow" policy, and the Government, would not press for penalties in the cases prosecuted. Mr. Meredith therefore asked for an adjournment of the hearing, and that the defendants be released in the meantime. After the addresses of counsel had been heard the magistrate, in giving judgment, said he was unable, as a judicial officer of the Crown, to recognise the compact made bv the Government with the miners" No agreement made outside the Court could bind him. and he could not, under his oath, become a paitv to it He did not wish to reflect on the Ministers, who had acted in all good faith with the object of settling a situation which had become exceedingly grave. He could onlv pass such sentences as seemed fitting, and must leave it to the Government to applv to the Governor to exercise his prerogative of pardon.

Seven of the men were then (on May 1 1917) sentenced to nine months imprisonment, and two to two months. It was arranged that the cases against forty other men should be heard after a week.

On May 7 the nine men sentenced were released, the Governor havine decided, on the recommendation of the Government, to exercise his prerogative. Each of the nine was i equired to sign a personal bond in the sum of 150 undertaking not to participate 'In or encourage anv stuke for a period of twelve months It was explained that the men had not been pardoned, but their sen pended. bGOn condition ally sus-

Next day thirty-three other miners who had pleaded guiltv were ordered to come up for sentence if called on within 12 months. trat l e S^w e lL h ° P vf'' l ' said the magistrate, that the whole matter is nvpife n ast!"° ne With ' tiH a£ter the war at