THE CASE BEFORE THE ARBITRATION COURT.

Dominion, Volume 1, Issue 145, 13 March 1908, Page 7

THE CASE BEFORE THE ARBITRATION COURT.

CONCLUSION OF THE EVIDENCE.

' SPEECHES BY COUNSEL. BY TELEGRAPH— BPEOIAL CORRESPONDENT. \. • Crcymouth, March 12. ; The Arbitration! Court resumed the hearing of tho Blackball ease at 10 o'clock this.morn-'.' nig. ■ ■■ ■■■-- ■ , Thonms Milligan," ooal minerj stated; that: ; he was ono of thn. dismissed men. Ho took . exception. to ,tfo\manneri ; in "which he': was : s dismissed. When a coal minor was dismissed .at a minute's notice,he left behind work that the Company got the benefit of. The man- '; ager used the , bad language attributed to him by other witnesses; •'

To Mr. Hanan: Ho mentioned tho bad language used by ! the manage/ at tho meeting. Mori, his mate, denied that the manager had used badrlaliguage. At a previous y meeting Mori./stated that the 'manager, did. ; l ; use' the language. ' Ho kilew ; Mr. Fitzgerald, ,who. was!, organisor.Vof:; the;;.' Socialist /party.-.' When the trouble arose' lie ca'irie to Black- • ball. - Fitzgerald- had never 'worked in : the ■ rniiiq,,Ho,; was .a ; pressor in' Wellington.' Fitzgerald Was now :a member of tho .Union. - To: Mr:-Guinhessi.Mori had corroborated his romark about the-language used by the , managir boforo 100 men. -... '■ 1 . • ; John Goldsmith, coal miner, said he was a member of the Blackball' Union. , Ho' had only worked' a fortnight .when ho. was dis- :•• missed.: Ho had had eleven years' experience, six. years as >a coal Miner.- Ho; had;never J{peYi;Ui,a .mino to minutes for : r cnb time: l On the morning of-tho dismissal lie -complained to tho . manager about tho bad air. Ho told tho manager that lie .wajiteda brattico put-up. -After "crib'time"the manager camo in and said: "Goldsmith, •pack' up :and clear out.of-thisi" Ho asked tho reason, and was ■ told: " Never mind . reason.- tack Up •,your —tools and 'clear-to -—- out.-of • this.'. I 'r The manager thon said i -'Wo- fcali- do Without men of your . -— 'sort. 1 -' -Tho manager had never com'plamed about'his work. Thompson was not,' near wlvon; tlio : manager v dismissed- him. ...- | Thompson' was at the flat, sheet twelve yards I away. ■-.. ... .■ f ■. ■ To Mr. Hanan:-He did not ask.his mate , - to leave. Ho did not seo Thompson till after .. ■ ho cot dismissed. -; ' !'' ' Charles' Thomas ■'stated that ho had only ■beon coal mining for, a'fortnight. Ho was hworking' mates -:witli . .Goldsmith. r Tho man- - 'ager camo into the niihe in tho morning, and - Gold?niitli c'omplained of tho bad ahv In the ; ~ afternoon tho manager . camo , m . and dis- ,•. • missed Goldsmith;. He corroborated! tho pro- V vious • evidence in regard to tho language used bv tho manager.. W To Mr. Hanan!:Ho.did not See Thompson ) with the manager.. . J : * !, ; - Henry Fox, coal miner, said lie-had worked . : three'years,in tlt'o-.Blackoall.miho altogether. l ;- Ho bought; i v ho«s'o frotVf- tlio : mmo manager. Ho considered ;fif tee'n minutes • too. short for: : y, Oi'ib. ,:Ori -February 26 t itlio; manager visited ~ ■ tho mine in tho morning, and made a few complaints.' /; In - tho afternoon, , the . man-, - ager, accompanied, by Thompson, came into ' 'the/?mine, and ordered liim to clear out, using bad languago. Ho asked for a reason,, 'and tho manager replied: "Dont yoii , 'dictnte' to. me.'- Ho p®,-not "guilty of the < chargo of. V not_ cleaning up u attributed to; .■■■• him by tho manager..-.-;Wh£tt Milligan at/the . y: mooting of tho Union' reported the bad Jangiiago, .Mori, 'his ;!,-;!:; '' To Mr. Haijan: He did.not go to I.eitch, sonr.j' and ask,,him .to say a good word to : ;; Walter to. get' Him a:;job;'.;He; purchased a ■ hpuso from tho, manager .' si's years ago, and sold it tlireo years a«o. . ; -v., To Mr.. Guinness: Ho at present; Was tho owhor-.'ofia house.in!Blaclvball.v : .... r ■:. - Edward-Brotton.stated that lie was n.mem-: bor of the TJnibii; ftiid. had'-Worked- in- tlio ■ ' Blackball mine.',for-four' months. He worked - with Fox. .Ho corroborated tlio c-vidonco or <• Fox as'regards: the; lang'utige used.To Jlr. JJanan:, The:malinger, was pretty wild when lie .dismissed Fox. Thompson ■ : could not',help' hearing tho-bad language. . '' Patrick-C; Webb said he Was a member of the Executive of the Union. Ho had nine years' v expei'jonco; as a miiier,. Fifteen minutes.!.,crib time was.too short.. :0n the morning of;tho dismissal : lio" edniplaiiicd : to tho manager' OB - tho bad 'ail When ho st irtcd, Avork at .3 'o'clock smoko was haiißing,'.about ii),liis.board. : ■llio manager promised to put up h brattice. 11l . . - tlio afternoon tho manager cami, agairn and, using very bad 'language, - t'old him ..to , clear out- of it: His mate; rHunter, asked tho manager' ir-lie had .tojgo, and was: also. : : ■told to go'to oiit'of'it.. : Ho',was.-at: tho; mooting when' Milligan' stated the case of .bad: languago against, the manager, and''Mori-: '.corroboratodi--::'Mori;,als6! added: "Tho"man-. ager, was very,'.'unjust'."'. KHo' was; present at" ' tho : meeting-iwhoii! ',Mori'". domed to Mr. Lomas- tlio statoment of bad, languago. ~.He ■. called out to the; boss, and Asked: why lie was sacked. Tlio' manager., rbfusctl; to -give a reason.'--; ■■-The manager, did' not ' übd- bad; languago at tho meeting. • Ho corroborated. Milligan's statement,' but not, as to''..the:;:v ; - swearing. j--- - ■-V -■ ; .- 1 ■■: 1 To Mr. Guinness: Tho languago is common •in Blackball, and they tako v«y'little not-ico . of, it. Tlio! manager did-not swear.' Ho took; . cxcisptioh to tlio way ' tlio mcn ; woro Sacked, "as "it was -not' just.., '.'Ho.i/didf say, at t tlio ■meeting that,ho corroborated Mr.,'Milligan's • '.statement.!.-Ho may liavo told the hicu that : tho manager said: -''Get;to —— out: of this;" The swearfword 'would■•bG : ;his' own,-'-,not the.!manager's; Tho adjective is a voiy, touimon one in, Blackball.. ■ . . ■ Henry Finch, stated that Mori came'' and told him the'- boss had told Milligan to-."put his tools on tlio box and got to ■ —- out ' of this." James Wilson, who was' working with Finch, corroborated his evidence. . Goorgo Huntor state<l. that lie startwl work at .Blackball after. Christmas. Ho was working with Wobb. He.complained to tho man. : ager m tlio morning of tlio bad nil-.-- Tho manager - promised ,-to',.--attend to - it. I-Io corroborated tlie 'oWdencoVas'"to bad language ■ being used. They had nine tans mined ready

to send up. • They were getting -ready for ■ the nish.. Dunng the last-two hours, of .a , , shift'moro coal was Eont.up than all day. This-was because they could not.got trucks. James Bowors stated that he had worked in the mine for fivo months., .The .ropo . was stopped' fifteen-minutes at. cnb *time, but ■.the men took-more time., The manager told . him that.ho;picked on tho soven men bccause ho .knew a row. would .bo kicked:.up. . 'Ho. said ho could havo-.sacked .others, but,they would have, gono away like lambs: He .wanted a row so 1 as to . get, the ten-hour • difficulty : settlod. :.Ho did not mako the remark to ,Mr. Leitch that.tho Union had half,a dozen-other. ■ matters to brine up. ■ To. -Mr: Hanan: The-;manager- had- not complained of tliem taking: more .than, fifteen , minutes; The : underground manager had complamcd. Tho miners did not start tjie ' dcputation3.'j It. was Mr.- Isdell who asked them-to meet tho manager. .>■■ Donald' M'Sinnon;*- trucker /at tho mine, stated that ho heard tho manager and Hickey, talking • something ,about a letter. ■ -Tho manager.got excited,'.and.said "Hickey, you -lut mo below the belt,'but I'll down you . yet." This -.was /before I tho ,present dispute. Walter Rogers, secretary of the Union, said. tlio. manager had power-.to - put the . miners on trucking if-ho so desired.. To»Mr.-Hanan: Tho new arjfipls did not "member of.tho-Union; >■: -(.->• v-I'/.i, . His Honour: Then you admiljtdd him con: trary to your "rules, which state that,-every member; .unless honorary,' must' work in or . ■•about the mines; .-.:;■: Witness'continued: Fitzgerald ..was not-in'

- . Blackball'at .tho start of the strike, but ar- .'■■■• nvcd just • after. Fitzgerald attended the meotings, l but never:mado a speech; He,, however,; addressed a public meeting. Mr. Fitz-. V?'; : the/mine.,-, ; V;.' • To tlio .-Bench: (.Several of the Trades and -.- Labour Councils ■ and.Trades Unions had sent 1 letters approving of, tho'action of't-ho ■Black-. ■ ball miners. . • • Lawrence Mori stated .that bo had worked seven years in the mina'off and on. Fifteen minutes' crib tnne was allowed.. On the ' day of the : dismissal, lie was working. With ■ Milllgan; ',when tho manager came, in, and stated:-V' Milligan,. take: your, tools and get . out of this at once." Milhpan said nothing. He (witness).'then told ■ Milligan ...that lip, • should ask the boss for a-reason.

OF. COUNSEL. Mr.-Guinnoss, in addressing the-Bench, • contended that: no strike had taken: place. The word-,''-strike," according to tho- standard dictionaries,'meant: to quit work to get an increase in wages or prevent a reduction in wagos. 1 Tins -jvas proved-not to bo the ■ 1 intention of-;tho .miners." 'It -had- -been con- -■' tended' all along by the. Inspector of Awards that theso men> ,would havo: been. discharged at any time,Vbiv'they\ could '..have-IfiftV,tho , work* without anv notice,'.which'was not the ■ caso.' Ho quoted the caso of Dennehy/and ■ \ another and;,the sMara Colliery"Cpmpany ,v. tho Yorkshire Miners'.Union,' heard.and ,de- . termined by Lord 1 , Logan,,, .m • which' men had gone out without tho 'slightest .notico. In the Blackball case, tho evidence shoyr.ed • that -there had been 110:. such: tiling -as a . i.' strike; asihef men had given plenty <of noticp of ,'their 'demaMs,:.'arid''that ihothihg had'-been dono or. said by tho Union which , had brought •••'• about tho lock-out. • What the Union .-.con-. ••.v^./.tprid^\Twis7'.ftaC''^.'''.'Leitoli'hailclone' an. • unlawful act m dismissing the seven, men, without duo • and . proper notice. Under. Clause I of tho Act due" provision was made for"the nien' being'',.' giveii'- ->three ; .months'.' ; ! ,notioe/:'-:-THpyj.had.; to.' cavil/for/thoir;'workiiig, placesfoyory : . that -the seven:-men;• had- ■■unlawfully by:-tho manager in-a brutal-man-ner, and their fellow-workers were'fully, justi- ■ fied in taking ' tlio stand tlioy had t dono. Mr. Leitch wanted the dismissal of tho men ito • cause, a row; so that the. ten hours difhp'-:.. culty -'would lie •"v nent unionists as a. safo guarantee .that they would kick up. The other men, lioarmg of the'men, being,'dismissed 'in- the middle.'of!, a ; day's',"work,were : (juit'O: justified, in making a demand for their being,reinstated, and of giving Mr. Leitch due notico to reinstate - them.': His action ;in .this matter showed that;.-becauso these moil wore likely to mako a dismissed,-lio had specially . picked_ .- them ; .'out with ; that object .-in,, viow. - Guinness held that the Company had brought ;on : the lock-out.. : _. The .term lock-out' implied; improper or illegal .'"discharge of men from their work, • andiin- thisVcaso there was an : object in view, that .they 'were desirous of.. . enforcing j-the ten hours' - working ■■ systems Evorythin'g went to show that the manager's nction- towards tho.men was such as to,cause ■ .. a fuss and bring about, such a stato. of. affairs ' so that-he- could find, a reason to get rid of theso seven menC Although tho men dis- ■ ■ sharged were all- unionists, - there- wero • 'sovcral-men . .ill ', thomine who wore ■ non-unionists. - ;, v 'Tho.: '-' two '~ -issues . 'on; ; which- ho claimed.. were That: the ; liien', had 'not brought..'about/tho" strike or \ lock-out,Wt" that':thbrcompahy, ..through: its' . manager,-'.had /actually : brought it., ailwn.t-for. -, - specific purposes of their own. In any casa, ■. *' if. tIio : j ; Courtfouiid that ' : the"'men, had..been V ■' guilty of'a breach, of tho award,-', tho position '. wasisucli -a, very : :nominal, nno'should bo, inflicted. '• -•* • •-- .' ..>' ' •.;' -Mr;; Hanan that: the; discharged; mcji:',tiad;bclohge<l :to : that; clasV of ..agitators-' , l , who were-.passirig from !ono] minp "toanother, and creating any disturbance-that they could. They had made a disturbance about the crib time. --They madethpmselyes ■ the:: judges of ... what-'should;..b6;!do.ne.;in'-th'e '.mine,.veven/:.i.n. .■■■;. -'. tho'matter, ofcrib..time. .' ,: They.'.'ha- written : , •', in', a very peremptory manner,' and tho man--.-ager, after communicatingwith. his: company' in Christchurchy ■foiind'vthat.-.the. demandv.of y was ; .impraictiQable,: and,;wrptp'ito tell- thc-m- so.. Astd.'-.'the.'imuctipn' in ; tli© number of men in. th6;?miriei :thdmanager', would not have boehrjiistified keeping '140 men working A and |prily.'-carriing ■ 7s: i \'a':.v.day ) . v .when,.by the. i hiine*,Uatisfactprilyi..aiid-pV : 'wages'-ac-' , ; cording to the .>;avatd^-b{%^to^-Arbitration ■ : Court.' Ho also showcd ; .that7 inja'ddition to tho demand for '• tho i'.re-instatement', the .seven men', tho'/Minors' Unio'n'/.directly'they had left the work, ; mad6 ,a further, demand ' for <tho •• ballot, arid- thoy' distinctly refused to go -back to tho',.work.l-unless--.the' 'ballot systoni was enforced in the future. ,There- 1

... .'; ■ forc,-he ; contended,that they had.been guilty . • of a breach of -tho.award-by-refraining' from f ;•■: work other .''grounds': after ; the :.manager. .:. had "agreed :to "reinstate;the ;dis6barged/men.;-. ■ His-: Honour announced thatstho Clerk'of ■: de<!i«biifat.:lo.3o to-' niorrow; , .:morning/\arid"iho:;Cburt\,thon';:ad-', , journcd.-: The members ' 'of .;: tbo,: .Arbjtratipn.i ;Courts - ;le'avey-forChri'stchurch NStcninbrrbw morning.- vV ; v- :.- -V-.