"A FOOLISH STRIKE"

Dominion, Volume 11, Issue 241, 29 June 1918, Page 8

"A FOOLISH STRIKE"

HELD TO BE SEDITIOUS j THE TROUBLE ON THE PATEENA. As a result of the recent, trouble on the steamer Pateena, when several of the firemen quitted the vessel, allegedly out of sympathy with' another fireman who had been dismissed for refusing to obey an order given him by tho second engineer, several of the men were prosecuted before Mr. F. V. IVazer, S.M., at the Magistrate's Court vestorday on informations of having participated in a seditious strike, contrary to the War Hegulations. The names of the men were Frank Dempsey, Daniel Cunningham, William Elton, S. J. Welsh, T. Williams, Lawrence Edward Fjtzpatrick, D. Thomson,,arid F. Galland. Mr. P. 8. K. Mauassey prosecuted on behalf of the Crown, and Mr. H. F. O'Leary appeared for Dempsey, Cunningham. and Elton. The case against Welsh, Williams, and Thomson were adjourned until July 12. Communications were received from Fitzpatrick and Galland stating that they could not attend at tho Court as they were on other vessels.. Case For the Crown. In outlining the case, Mr. Macassey said there were two informations, which were laid under the War Regulations, forbidding strikes in connection with industries deemed to be essential. Shipping had been declared nn essential industry. The Pateeua was a vessel running regularly between Wellington, Pic. ton and Nelson. Mr. Macassey outlined the events that led up to the case.

William L. G. Thompson, second engineer of the Pateena, detailed the. circumstances leading np to the men leaving the ship. He said he told the men that Davis was not dismissed for refusing to clean up the carnet, but for disobeying orders. Upon this each of the men said: "Well, you can finish me up in Wellington." About 1 o'clock in the afternoon he asked. Dempsey for his initials. Dempsey said: "You are not finishing me up, are you?" Witness replied in the negative, saying that Dempsey had not given him notice. Shortly afterwards, Dempsey gave notice of his intention to leave the ship at Wellington. Galland also gave notice, but he withdrew it later. At Wellington, however, he also left the vessel. A man named North did not give notice at all. Mr. Jlacassev: On -Inisf did von endeavour to obtain firemen?—We asked over 20 men to sign on the Pateena. but they'refused. In answer to further questions, tho witness stated that, over 13 or 14 days elapsed before a new crew could he obtained. Prior to June 1 there had been no friction on the ship. His Worship: What is the usual provision for firemen coming out of the stokehold. Is there o. mat for them to wipe their feet upon?— Yes. there is either a mat or an ash-bag. Was there a mat or an ash-bag for these men? —"That I could not say.' _ Have you any reason for thinking this man Davis's action deliberate, or merely accidental?-"! would not. say that ho did it on purpose." Mr.' O'Leary: Is not the Pateena unpopular with firemen and greasers "Well, there is a donkeyman 'who has been on her for nine years." Is it not a fact that the accommodation on that boat is not as good as on other ships?—" Well, on a newer ship you would get better accommodation." The men on that ship have a bit more work than the average firemen on the coast?—"No, for a man on that 6hip very seldom gets a full watch in." Firemen do not stay on that boat for the same length of time as firemen stay on other boats on the coast "I have heard a rumour to that effect." Dempsey only joined the ship on May 31, and Elton did not join until. June 5, that is, after the trouble had tijken place, and three other men had given you notice?—" Yes." . . Patrick James Hickey, chief engineer on the Pateenn, said that when the boat was between Nelson and Picton, Davis told him that the second engineer was finishing him up for having wiped his foot on th" runner. Davis admitted the offence. Witness had no interview with the men who gave notice. Prior to Davis being dismissed there was no trouble with the firemen, and the Pateena was looked upon as a good ship on which to work.

To Mr. O'Leary': It was not an uncommon thing for .men to give notice, and it was not witness's custom to question the men when they did so. , The Defence. Mr. o'l/eary said that whether or rot there was a seditious strike amongst some of- the men, so far as the men in Court were concerned they contended they had quite an, adequate reason for leaving the ship. When Elton was approached after the trouble hnd started he made it known that he was a 'deepsea man, and was averse to working on coastal steamers. He only intended ho do the one trip and was perfectly justilie • in wanting to leave the ship. Ocir.jsey was a cripple, having been wounded while serving with the Australian Forces, and he also suffered with lumbago. He had not been an old hand, on the vessel.

William Elton stated that he mostly served as a fireman in troopships and hospital ships. He had not done any coastal trips, other than one on the Patecna, the subject of the present charge, during the past twelve months. Witness was waiting to get a job on a hospital ship.. On June 5 he was approached by the second engineer of the Pateena a*>d was persuaded to sign on that vessel. He intended only to do the one trip on the Pateena, and told the chief engineer at Nelson that he intended to sign off on return to Wellington. When lie signed on he knew there had been some trouble on the vessel.

To Mj. Macassey: He told the second engineer that he was only going to serve for the ono trip.

Mr. Macassey: If that is so, why' did you give 24 hours' notice?—" Well, I have to give notice to leave the ship."

His Worship held that if his story was true, it was. quite likely Elton had done tilt right thing in giving notice. Tn further evidenco witness stated that he had had no conversation with other wen regarding the giving nf notice. He did not know that the other men intended to givo notice. As a matter of fact lie was still waiting for a berth on a deep-water ship. Prank Dempsey said ho joined the Pateena on May 31. Previous to that ho had been on the Mnpourika for a day or two. Ho was not in good health, Buffering from lumbago and a, wound in the leg. Ho had left the Pateena on account of the lumbago. He put in a doctor's certificate to• show .that ho had been undergoing treatment. When iie gave notice if was not with the intention nf joining in a seditious strike. After lie left the Pateena he joined tho Mapourika. ,

To Mr. Macassey: The first witness knew of the trouble on the Pateena was when Jie went to the Shipping Office to s'.-n off. He had not hoard of it on the ship, ns ho slept in a different room from the other firemen, and the matter had not been discussed.

Tn answer In t'"> Magistrate, the witness stated that when apnronolied hv the c"".iid "iifrin" m '. who n«ked for his initials, he asked of the cnginee*, "Am ym >*nin? t-> Mrn wv notice?" The engineer replied. "T have not received your notice." Witness though that when the eneineer asked for his initials he k" n w of his intention to leave the shir). 1 Circumstances of Strike Ridiculous, His Worship, in giving judgment, said Elton signed on when there was some trouble in progress. There seemed to be some veracity in his story about waiting for a berth on a hospital ship. The evidence was indefinite on the part of the prosecution regarding Elton, and his own story was so reasonable that tho charge against, him would be dismissed. So far as Galland was concerned there was one feature in.his favour, and that was Ilml lie remained for a furllmr trip. Dempsey was in a somewhat different position from the others in that he signed on on May 31. ' nis story that lie knew nothing of the "trouble was difi!'eult to believe, but it was possible that it was true. He was entitled to the benefit of the doubt, and the. charge against him would also he dismissed.

There appeared to have been a strike which was entirely ridiculous. Davis had been most properly dismissed, as he had refused to do what lie was told. If tho rest of the stokehold complement chose to make fools of themselves by backing up Davis's insubordination by striking they must be held responsible..

"This is ouo of the most foolish anil unnecessary strikes that has ever conm under iny notice,"' said Mr. Frazer. "There is no principle to justify it. There aro strikes and strikes, and sometimes they are bona fide, but a strike with a principle like this passes every' tiling." His Worship went 011 to remark that Cunningham and Fitzpatrick hail nothing put forward in their favour. They would be convicted. Tho strike had caused a good deal of inconvenience to the public, and tho people of Wellington, Picton, and Nelson had been "left in the lurch" as far as shipping and freight wore concerned for s-bout a fortnight. Trado had been disorganised, and the War Regulations, which should be known to seamen by this time, were flouted, and all about a - , absurd a piece of nonsense as he had ever encountered in his experience. If it had been a strike in which there was some genuine principle, even though it was wrong-headed and economically unsound, he niiphfc have inflicted a fins and not have sentenced the offenders to imprisonment, but in a caso of the sort under notice there was no justification at all for any leniency on the part o* the Court. Fitzpatrick and Cunningham would each he sentenced to ono Month's imprisonment. "Galland repented, but afterwards was led. astray," continued Mr. Frazer. "I think T ought, to give him some credit for his good intention. I will sentence him to 14 days' imprisonment."