WEST COAST NOTES

Press, Volume LX, Issue 18186, 24 September 1924, Page 4

WEST COAST NOTES

SUPREME COURT.

(specul 10 "ths raws.") GREYMOUTH, September 23. At to-day's sitting of the Supreme Court, Francis Herbert Fowler appeared for sentence on a charge of attempted carnal knowledge. He was sentenced to one month's imprisonment. For the remainder of the day the Judge and jury of four were occupied in hearing the claim of Donald Lindsay Gordon Mundy against the Grcymouth Waterside Workers' Union and the secretary, Henry Kirk, for damages amounting to £4OO. This- amount was made up: £240 fov loss of work through exclusion from the union, and £l6O general damages. Mr W. P. McCarthy appeared for plaint iff. Mr P. .1. O'Regan for the defendant union, and Mr \Y. J. Jovce for Kirk.

Counsel for plaintiff said the claim for damages was mad:? because Mundy had been wrongfully refused membership in the union from October, 1923, and had been denied the right to work as a watersider. At a meeting of the union in November, 1!)23, Kirk refused to accept payment of arrears of subscriptions from Mundy. Several similar offers had been made and refused, and in May of the present year Kirk again refused the plaintiff readmission. In June the union had carried a resolution to readmit him, but Muudy received no notification, and on applying to Kirk was once more refused readmission. The plaintiff complied with all the rules of the union. At the last sitting of the Arbitration Court, Kirk had obtained an interpretation of the award which empowered him to exclude Mundy from the union. The plaintiff relied on the decision in the ease of Tt. Gould v. the Wellington Waterside Workers' Union.

The plaintiff .said he had been a trade unionist for a number of years, and had joined the Grcymouth Waterside Workers' Union iu February, 1023. His contributions were paid up to the end of September, 1923. In November he attended a meeting of the union, and was denied a, hearing. Mr Fraser, the president, told him he was in arrears and had been scratched off. Witness offered to'pay any sum owing, but the chairman said: "You're scratched off. We'll deal with you later on." He was given permission to leave the meeting. After it was over he saw Kirk and Fraser and talked the matter over. Kirk then told him that his clearance held good. He met Kirk outside the office of the Labour Department on April 15th, and asked him if they could ii:c up the business in connexion with the union. Kirk said: "I don't know." When pressed for something definite, ho said the. matter could be arranged. The following day Kirk told him the matter would have to stand over when he went to him with his pence book and arrears and pointed to the words, "Bona tide severed" in the rule book. Witness, in company with a law clerk named Jamicson, again saw Kirk on May 30th. When asked about the question of readmission, Kirksaid: "My solicitor will fix you up." Later he offered to adjust the matter the next day, and witness went to the union office and paid 4s arrears and asked to be allowed to rejoin. Kirk said: "No; I have some objection, but it will be fixed up later." Acting on advice, ho went back to Kirk's offico on June 20th, and tho latter then consented to his rejoining the union. Witness put his money on the table, and Kirk said he would fix him up in a few days' time, and ho would give it to him pretty solid. An altercation ensued, and witness said: ".You have made your position securo before you allowed me to be readmitted." Kirk rang Mr Tyson, the inspector of awards, and asked him to como up to the office. Finally he went down to see Mr Tyson. Witness .remained in the Watcrsiders' Hall. Only in the past few weeks had Kirk given him any reason for the refusal to readmit, him, but when ho first joined he had told witness that he would vote him out if he found that he was working any where else. In plaintiff's opinion, Kirk excluded him from personal motives. W>hicss was practically a total abstainer, and had no convictions against hiin, while he had had. no trouble during Ms membership of a number of unions except oil one occasion at Grcymouth, when he was unloading timber in the Kamo, and he had a row with a'man named Kane. He had lost money since ho was denied work on the wharf.

To Mr 4pyce: There had been no trouble about the paj-ment of dues when he first joined the Waterside Workers' Union. He might have seen notices drawing the attention of members to the date contributions were due'. When he made a claim for compensation for the loss of a tooth he had not abused Kirk because the latter had not arranged prompt payment, but he had written to the president of the Waterside Workers' Federation asking what compensation was duo to him. When tho secretary's position was made only part-time, Kirk had had to tako up work on the wharf. He had never ridiculed the latter, and had had no altercation with his workmates. In addresses he had given at street corners he had dealt with Kirk. On one Sunday evening ho had made a speech from a hotel balcony, and severely criticised Kirk's actions. He had advertised a meeting for the Town Hall, Greymouth, where ho intended to deal with Kirk and the "Grey River Argus," but the meeting had been cancelled.

To Mr O'Regan: From his time book, lie. should say liis earnings ou the wharf averaged a week. He was expelled from the Union last October. Part of the £l5O claimed.as general damages was for the los 3 sus - - tained because of the publication of an interpretation of the waterside workers' award. Kirk had characterised liim as a bully, and applied other opprobrious epithets to him at these proceedings. He admitted that he was 4s in arrears when he was first excluded from tho Union. lie had written to the Prime Minister and the Minister of Labour about his case, and was advised to see the representative of the Labour Department. The first he knew of the proceedings in tho Arbitration Court was when he saw the report in a newspaper. Mervin Jamieson gave evidence in corroboration of Mundy's statements that Kirk had refused him readmission to tho Union. Evidence was given by Captain Ross, the Union Company's wharfinger, that he had had no trouble with Mundv or the Union. On' one occasion he had, at Kirk's request, shifted him from a hold in which Mundy was working. John Keating, assistant foreman for tlje Union Company, said the plaintiff had worked under him on many occasions, and the onJv complaint he had Tras from Kane. Kirk had told liim on one occasion not to engage Mundy, as he was not a member of the Union. This '""as the first time he had ever received such instructions. A number of other witnesses gave evidence for plaintiff. Mr Joyce asked for a non-suit as no evidence had been advanced in support of plaintiff's allegations. The Union's minute-book was produced by the defendant, who detailed bis conversations with Mundy. The latter had accused him of keeping him out of the Union becauso lie intended to seek his dismissal, and would be a

candidate for the secretaryship agains* him. The plaintiff had refused to go with him to see Mr Tyson, -whom he proposed to ask whether ho was obliged to readmit Aluudy, Allien lie retunietl to his office prepared to let Mundy rejoin the Union, the latter had gone, and he had noi asked since for the privilege. Sixteen others who were in arrears had been struck- off the register at the same' time as Mundy. on November 3st. AH that the latter had asked for since was his clearance. He admitted -that; when Mundy came to him in company with Jamieson he said, he would have to put his applica;:o!i for roadmission before a meeting of the Union, in view of the slanderous tr.tements Muiuly had been making igainst the officials of the Union. When witness and the* plaintiff had been given a job in the same ship, Mundy had goaded him until he tinally left the hold. On numerous occasions the plaintiff had publicly abused him and accused him. of defalcations. Decision was reserved on the points raised in the claim for a non-suit. Charles Fraser. president of the Union, and a number of other witnesses. gave evidence for the defence, and the Court was adjourned. Addresses by counsel and judgment will be given to-morrow.

Progress League

The monlhlv meeting of the executive of the Hokitika branch of the Progress League was held last evening, Mr T. W. Bruee presiding. In response to a letter from the Canterbury League, the secretary was instructed' to write stating that enquiries regarding the spcediug up of train services were being made through the Westland A. and P. Association. It was decided to ask the District Traffic Manager to confer with the branch in matters affecting the district.

Mr W. J. Butler was accorded a vote of thanks for representing the branch at the public meeting held in Christchurch in connexion with the electrification'of the Lvttelton tunnel. It was decided to obtain the views of the organiser in reference to the proposed amalgamation with the Chamber of Commerce.

Dr. E. Tcichelmann was thanked for his assistance in connexion with the publication of the booklet the scenic attractions of Westland.

The chairman, Mr D. J. Evans, and Dr. Teiehelmaun were appointed to ret»resent.-thc branch at a public meeting which was being convened by the School Committee to arrange a schools excursion to Christchureh.

Bowling. The Grcymouth Bowling Club will open its season to-morrow afternoon. West Coast Union. The weekly meeting of the West Coast Rugby* Union was held to-night. Present: Messrs G. E. Perkins (chairman). J. Guy, T. Mcintosh, J. Kyle, and L. Armstrong. Apologies for absence were received from Messrs J. Beaumont and A. Adams.

The Star Club was granted permission to hold a. dance 'next Tuesday evening in honour of the visit of tho Otago team. Iu reference to tho request for a match from the Barrytowu Club, it was decided to reply stating that it was impossible to play a match at Barrytowu, but that if desired a game would be arranged to take place m Grcymouth. It was agreed to select the team to play Otago on Thursday morning; and to entertain the visitors at a sinoko concert on Wednesday evening.

The' next meeting of the Union was fixed for Monday evening. . Star A were declared winners of- the senior competition. The following fixtures were arranged for Saturday:—Star v. Kiwi (Hokitika), at Victoria Park, Mr Williams; primary schools final,' at Park, Mr T. Mcintosh.