'GO-SLOW' STRIKERS

Dominion, Volume 10, Issue 3067, 1 May 1917, Page 6

'GO-SLOW' STRIKERS

PENALTIES IMPOSED NINE MONTHS' SENTENCE FOR SEVEN MEN THE COURT'S POSITION COVERNMENT MAY ASK FOR PARDONS, By Telegraph.—Press Association. Auckland, April 30. The trial was. concluded to-day of the miners charged with organising a "go-slow" strike. Sentence was imposed by Mr. F. V. Frazer, S.M., of nine months' imprisonment on each of the following soven men: —John Jones, president of the Coalminers' Federation and president of the Huntly Union; Joseph O'Brien, secretary of the Huntly Union and member of the Federation Executive; Arthur Jordan, vice-president of the Huntly Union; James Cummings, secretary of the Waipa Union; John Arbuokle, secre-tary-of the Federation of Labourj J. Winniard and T. Helson, president and secretary respectively of the Demiiston Union. Sentence of two months' was passed on Robert AVindle, a member of the executive of the Pukemiro Union; and John Wesley, a miner at Huntly.

When the Court resumed; Mr. Singer announced that all tho ' defendants pleaded guilty. Addressing the Court on behalf of tho Crown, Mr. Meredith announced the terms of the arrangement between tho Hon.. Sir James Allen and the Hon. W. D. S. Mac Donald, and the representatives of the miners on strike (as already published). Mr. Meredith added that further requests made at the conference of April 20 for the release of Semple and others, and that the present proceedings should be abandoned, and that the proceedings in connection with the strike should be abandoned, wore refused. The Ministers were induced to enter into this arrangement by representations bearing every appearance of sincerity that the leaders who had been arrested were really not to blame, but had been forced into tho present position by others who had not been arrested. It was urged that it was unjust that the lenders should suffer for the fault of others, and in accepting tho statement as true the. Ministers were induced not to press for a penalty. Not Pressing For Penalties. "These representations may have been correct, as far as tho strike on the grounds of anti-conscription was concerned," said Mr. Meredith, "but it is perfectly clear from the correspondence that in so far as the 'go slow' strike was concerned (and that is at present boforo the Court) these representations were untrue. In pursuance of that agreement, I am instructed by the Government not to press for a penalty in respect of those offences to which these men have pleaded guilty. To best effect this purpose, if Your Worship sees his way to grant tho application, I would ask that the hearing ho adjourned, under Sections 86 and 87 of the Justices of tho Peaco Act, for a fortnight, when further application ; can bo mado for a further adjournment, if matters are generally satisfactory, or an application may be mado for the final disposal of the cases, tho men to bo released in the meantime. I am instructed to make it clear that the Government recognises that in making any such arrangement as I have indicated has been made with the minors it had no power in any.way to bind, orcven to influence, the Court in the exercise of its judicial discretion, and the questionof whether the suggestion made by mo is ono that the Court can grant is a matter entirely for Ycajr Worship." In his address/to tho Court, ,Mr.' Singer, for tho defence, said the dofondants woro not actuated by any motives of disloyalty. He stressed the point that tho regulations woro mado seventeen days after tho "go-slow" strike began. Its purpose was solely to bring pressure on tho mme owners.

Mr. Frazer, S.M., remarked that a perusal of the correspondence led him to that conclusion.

A Plea for the Men. . Continuing, Mr. Singer submitted that tho men had not at any. time hampered or embarrassed the Government in the prosecution of the war. He said the fight in the past few months, culminating in the "go-slow" strike, had boon caused by the deliberate intention of tho mine owners to stultify the Miners' Federation. The men were prepared to return to work and use their influence to make tho output greater now that they had gained the compulsory conference which they asked for. ... ' *

In reply, i Mr. Meredith . said tho reason the' mine owners refused the men's demands at the conference in February was because they would involve a considerable increase in. the price of coal to the public. They offered to havo the case heard by the Arbitration Court, but .this was refused by the men point blank.

Mr. Frazer said the only issue was whether there had been a seditious strike and whether the present defendants had taken part in it. It was admitted that the "go-slow" policy was in operation in tho mines'. So far as the present defendants were concerned, it seemed clear that tho "go-slow" policy was brought about by industrial reasons, and that the present defendants recognised the futility of trying to have tho Military Service Act repealed. It was stated by .Mr. Singer that no disloyalty was intended by tho men. ,Ho did not think that from the point of view of the law that object mattered nt all. Whether there was any intention to do harm to the State was beside the question. The regulations were passed for the protection of the community in time of extreme peril, and ho did not think the Court should consider motives with anything like the degree of seriousness that would be applied to ordinary cases. Mr. Singer had made a sound point when he said that the legislation was ex-post facto. ' s

The Magistrate's Judicial Oath. The "go-slow" policy was actually m operation before tho Regulations of February 16 were mado, but the "goslow" policy still continued. Warnings were circulated, and the defendants, who were intelligent men, must have been aware of the position. They knew it was a serious national matter, and they persisted in "going slow." It could not he said they had acted blindly or in ignorance. The position was, then, that thoy advocated the continuance of a "go-slow"'policy regardless of the fact that it had been decided by the Government that the coal'industry was essential for the proper carrying on of the war. Mr. Singer «nld this did not indicate disloyally. Ft did not, perhaps, indicate actual positive intentional disloyalty, but none the less there was negative disloyalty, which had just as serious consequences for the nation. The interests of the community were put on one side, so that tho interests of the miners themselves should not bo all'ectcd. Hindenburg had said that every man who wnnt on strike was a traitor to the men in tho trenches. He behoved this applied in New Zealand as well as in Germany. The nation was

in a desperate situation and at a crucial stage in the struggle, and every little thing helped or hindered. Ho did nob want to say anything harsh, [but any man who hindered progress to a successful conclusion of the war was playing tho German game. Referring to the application rfiado by the Crown, Sir. i'razer said he supposed the adjournments had been applied for to see how matters went. The Government through two of its Ministers had made a coinpact with representatives of the miners that tlieso cases would not bo pressed. This was an agreement which, as a judicial officer of the Crown, ho was unable to recognise. He was bound by his judicial oath to administer tho laws of the country without fear or favour. He could not consistently become a partner to any such agreement.

The Course Open to the Government,

He did not want for a moment to say anything which might be construed as reflecting upon tho Ministers who made tho arrangements. He recognised that having made the arrangements they were, as honourable men,, hound to redeem the promise made, but 'that promise could not be redeemed by making the Court a party to any bargaining. He had only one course which 'he could properly pursue. He must pass'such sentence as he thought proper, and leave it to tho. Government to apply to the Governor to exercise his prerogative of pardon by rescinding any sentence which might be imposed, "by tho advice of his responsible Ministers, if thev thought proper so to do.

Dealing with defendants, Mr. Frazer said that "Wesley and Wintle wero different from the others in that their share had been smaller. In consideration of the fact that they had spent three weeks in gaol, he would impose sentence upon each of them of two months' imprisonment, without hard labour. Tn regard to the others he felt justified in making some allowance for, the fact that the legislation was expost facto. Instead of, the Ordinary eleven months', he would pass sentence on each of nine months' imprisonment on tho first charge of conspiracy. Mr. Frazer remarked that the Government was, of course, at liberty to redeem its promise to the.men, and to apply to the Governor to lift the sentences. : On the other' charges the defendants were convicted ar.d ordered to come up for sentence when called upon.

OWNERS AND THE MINERS PREVIOUS NEGOTIATIONS By Telegraph—Special Correspondent. Auokland, April 30. In his reply--to Mr. Singer, Mr. Meredith said that Mr. Singer had suggested that the owners had never given tho miners a fair opportunity to state their grievances. He stated in opening that tho original application for a conference between the Huntly owners and tho men was at one© granted by the owners, and it' was the men, themselves who broke off the conferenco and said that the matter was now handed over to tho Federation. Tho correspondence also showed that when the Federation asked for a conference the owners said they would! confer with tho men within fourteen days, but the mon declined to say what they wanted. It was only after finding that the employers would refuse to meet them unless they knew what they wero mooting about that the men stated their demands. The conference was then granted by the employers within fourteen days. At tho closo of the conference the owners said they could not feel justified in acceding to tho demands of the mon because they would involve a considerable increase in the price of coal to the public. They considered that tho proper place to have tho. matter ventilated was the. Arbitration Court. This tho men pointblank refused.

TROOPS TO BREAK STRIKES A GROUNDLESS FEAR, By Telegraph—Special Correspondent. Auokland, April 30. In his address, tho Magistrate said it was not quite clear what was the cause of the troublo, but it was oertainly something in the nature of an industrial trouble. It had nothing to do with conscription. So far as ho could see, certainly a great number of • the members of tho organisation would bo opposed to conscription or militarism. There appeared to bo an idea among many unions that tho : Government intended to use troop 3 for tho purpose of quelling industrial disturbances, but the Acting-Primo Minister had made a definite statement to the men that the Government had no intention of" doing such a thing. In fact, it was inconceivable that in a democratic country like New Zealand any Government could for a moment think to use troops for the purpose of settling any industrial trouble under any circumstancos short of civil war, or conditions such as showed that the nation's very oxistence was in peril; certainly not in any ordinary troubles, such as they had had in the past. At the same- time it was quite possible that the men in d'eciding to "go slow" might have been influenced in their decision by the feeling they already had on the question of conscription, and that this might have been so was borne out by the fact that when the "go-slow" policy was abandoned, and tho men went on strike, the reason they gave for their action, and they repeated it on a number of occasions to the Acting-Prime Minister and the Minister of Mines, was their antagonism to conscription, and they stated there was no other reason. Still, so far as tho present defendants were concerned, it seemed clear that the "go-slow" policy was brought ahout by industrial reasons and that the present defendants recognised the futility of trying to have the Military Service Act repealed.

Strike and Industrial Life. Regarding the effect of a "go-slow" policy, Mr. Frazer said that if a shortage of coal were to occur the whole industrial life of the community .would be suspended. It was a serious matter at any time, but in war time it became most terribly serious. Leaving tho vital' such as the Navy, transports, and ships carrying ifpod on one sjdo, it was a serious thing for the public who remained in New Zealand, a serious thing for industry, and for the workers. One had to remember tliat in this country only twelve per cent, of the bread-wrnners were employers of labour, and only three per cent, of the' women breadwinners were employers. The vast majority'of the general public were workers, and ono section of labour sought to impose its demands, regardless of the effect, upon workers as a whole. He knew the workers of the country had objects they wero anxious to attain, and many were most desirable. Ho could understand their ambition, but it was a great mistake to think that great reforms could come in a day. ,