UNION SECRETARY CRITICISED FOR APPROACH TO MAGISTRATE

Gisborne Herald, Volume LXXV, Issue 22732, 2 September 1948, Page 3

UNION SECRETARY CRITICISED FOR APPROACH TO MAGISTRATE

PARLIAMENT IN SESSION

(P.R.) WELLINGTON, Sept. 2. The New Plymouth magistrate’s effort to check vandalism by ordering two youths to do some work in public reserves where damage had been done caused a lively debate in the House of Representatives yesterday.

The question had been raised by Mr. IV. A. Slicat (Oppos., Patea), Who had asked the Minister of Labour, Mr. A. McLagan, if he would give an assurance that the Government would not tolerate any attempt by trade union secretaries to frustrate penalties inflicted by the courts.

“I am advised," replied the Minister of Labour, “that the union gave notification that the employment of the boys on Borough Council reserves would require to be in terms of the award. The union's action," added the Minister, "appears to have been in the direction of upholding the provisions of the law.” Sentence Not Enforced

Mr. Sheath, discussing the Ministerial reply, said that the magistrate after imposing the sentence appeared to have been approached by the union secretary. What transpired was not known, but it was known that as a result of the secretary’s action tiie sentence imposed had not been enforced.

It would be a sorry state of affairs if union secretaries in the sacred name of trade unionism were to be allowed to bring pressure on magistrates to defeat the carrying out of salutary sentences. The Minister of Labour said he could understand the indignation of the last speaker when he saw vanish the prospect of a job being done on a wage basis so satisfactory to him—nothing at all He had been advised by the Crown Law Office that if the boys had been employed by the borough, they would have entered into the relationship of master and servant, and would have been obliged to join a trade union., "Subsidisation of Vandalism”

“The Minister has gone out of his way to be cynical,” declared Mr. E. P. Anderman (Oppos.. New Plymouth). "The reply was nothing more than a subsidisation of vandalism.” “Did the magistrate have legal power to impose the penalty?” asked Mr. H. E. Combs (Govt., Onslow). “A Yankee idea,” declared Mr. M. Moohan (Govt., Petone). It was a sort of fantastic business which had been going on in America for years, and if carried to its logical conclusion would result in defaulting taxpayers being ordered to collect taxes for 12 months, or a thief to act as a policeman. A person who got into trouble would be sentenced to be an atheist for a few months. "The attitude of the Minister was more serious than the action of the trade union secretary," said Mr. W. A. Bodkin (Oppos.. Central Otago). “The trade union secretary may have been more of a fool than a knave because he did not realise the implication of his action.” Appeal Through Courts Surely, trade unions had the right to made an appeal through the ' courts instead of going direct to a magistrate, said Mr. R. G. Gerard (Oppos., Ashburton). This was only one case of the all-too-common interference with and belittling of judicial officers, said Mr. R. M. Algie (Oppos., Remuera). That a magistrate had been interviewed by someone in respect of his sentence should be inv mediately condemned by the whole House. If a sentence were wrong, it could easily be corrected by legal methods.

Thehe was no ground whatever to suggest that the administration of the law had been weakened by slackness. In general, the needs of justice were upheld by the Prisons Board, magistrates and others in responsible positions. said the Attorney-General, Mr. H. G. R. Mason.