WESTFIELD CASE

Evening Post, Volume CXXXIII, Issue 73, 27 March 1942, Page 6

WESTFIELD CASE

REHEARING SOUGHT

APPLICATION FOR 289

MEN

(P.A.) AUCKLAND, This Day. When applications came before the Magistrate, Mr. J. H. Luxford, this /morning for the rehearing of cases affecting 289 Westfield freezing . workers now. serving a sentence of : a,,..month's imprisonment, Mr. V^Ri-^re^ith said: "I am instructe<H>y the'<?rown to offer no opposition to the applications." Mr. W. R. Tuck appeared for the majority of the applicants, Mr. J. W. R. Dickson and Mr. Thwaites, representing one applicant. The secretary of the .Freezing Workers' Union, Mr. Sill, 'was present. , Mr. Luxford said he would take time_ to consider the 'applications. If he thought that in the public interests the applications should be granted, he would give Judgment; in the"" presence .of .the defendants; He formally adjourned theCpurt until 2 p.m., remarking that, if he "decided the applications should be granted he would give his decision; at. 2.15/ at the Auckland prison. V ; - • "We- are applying for a rehearing, because at the hearing on Monday your Worship indicated that the leniency of1 the --Court could be considered if the men returned to work and faithfully their duties •to, the: industry," said Mr. Tuck. "It was difficult at that time to know if the men would comply with that re- ■ quirement, but I can now say they will go; back to work and faithfully discharge their duties." : , . :Before adjourning the Magistrate referred .to the matter, of constitutional procedure. He said" it was well known I ■/that the Governor-General was emIpowered by letters patent to exercise the Royal prerogative oh the advice of 'his responsible Ministers. "But," Mr. Luxford added, "I do not think that prerogative is ever exercised < until a has been obtained from the Judge or Magistrate. \ MATTER FOR EXECUTIVE. [ "A communication was made to, me the Under-Secretary for Justice, I asking if, in view of the particular ; circumstances, I should recommend the ! exercising of the Royal" prerogative. iMy view was that it was a matter solely for the Executive, but I ex- ; pressed the view that this matter i should come back to the Court if new ..circumstances justified reconsideration. | Apparently the Executive has decided ;to allow the Court to exhaust its statutory functions before the question of the1 Royal prerogative has been determined." -

Commenting on the inability of the responsible authorities to carry out [ immediately the Court order last Mon;day, Mr.~ Luxford said the circumstances were. exceptional, but it had i shown a weakness in the administrative system which should be inquired 'into to prevent a repetition such as might arise out of industrial, disputes, ; a statp of emergency, .and the possibility of the civir and military authorities./having to take sudden measures for public safety. ' ■■<

"I have no illusion about what is termed fifth column in this country," Mr. Luxford said, "and it may be necessary to frustrate the activities of such a body. It has been seen that it may not be possible to place in custody a large body of men."