BARRED FROM UNION

Greymouth Evening Star, 18 March 1941, Page 4

BARRED FROM UNION

SEAMAN’S APPEAL.

>[PER PRESS ASSOCIATION.]

WELLINGTON, March 17

If he deems it “necessary or expedient in the interests of public safety, the effective prosecution of the war and maintenance of essential industries” the Attorney-General has power under the public safety emergency regulations, to debar persons from union membership. On February 3 the Attorney-General (Mr Mason) issued a notice under the regulations debarring Maurice Wall, of Wellington, a seaman, from membership of the Auckland, Dunedin, or Wellington Federated Seamen’s Industrial Union of Workers from that date. In the Arbitration Court to-day Wall appealed against the decision. The hearing will be continued to-morrow. Mr Justice Tyndall presided. Associated with him were Mr A. L. Monteith and Mr W. Cecil Prime. Dr N. A. Foden appeared for the AttorneyGeneral and appellant was represented by Mr R. Hardie Boys. Dr. Foden said his first submission was that the Court, in time of national crisis during the war, on the ground of general principle, should support the administrative decisions of any Minister of State, unless an overwhelmingly clear case was made out that the decision was made in error of law or fact. Second, the fact of that particular decision having been made under the war regulations should induce, the Court to adopt as its background war psychology in that respect. The third submission was that paragraph U (c) of the regulations provided that no decision should be reversed unless the Court was satisfied that the acts which the decision was intended to prevent were not likely to be committed. Whether or not acts were likely to be committed in the present case would depend on the tendencies and disposition of the man, and to dorm an opinion of those his past history was the only reliable guide. The fourth submission was that the appellant had proved a trouble-maker, a disturbing influence, and generally a disaffected person, in ships in particular in which he had been. Cecil Sharpe, a master in the employ of the Union Steam Ship Company, said that in 1926 he was chief officer of the Maheno. Wall was an able seaman in the ship during part of that period. From his knowledge of Wall, witness said, he definitely would not engage him in any ship, in wartime or any other time. Witness was cross-examined by Mr Boys about Wall’s discharges from the Maheno, all of which were endorsed “Very good” for conduct, ability, and sobriety. He said that had he had the signing of the discharges some oi the endorsements would have been different. To Dr. Foden witness said that the endorsements on a discharge were not necessarily conclusive as to conduct, ability, and sobriety. In some instances a man who played up was given a good discharge to get lid oi him.