RELEASE FROM GAOL

Manawatu Standard, Volume LXII, Issue 101, 28 March 1942, Page 4

RELEASE FROM GAOL

WESTFIELD STRIKERS RESULT OF - REHEARING (Press Assn.) AUCKLAND, Mar. 27. All the 2i9 Westfield ireezing works strikers who were sentenced recently to one month's imprisonment with hard labour for a- breach of the Strike ana Lock-out Emergency Regulations are to be released lrom gaol. "This decision, which followed an application made earlier to-day by the men tor a rehearing of their eases, was announced to them at 2.30 this afternoon by Mi J. H. Luxford, S.M., at a special sitting of the Court in the Auckland prison. Each man was ordered to come up ior sentence if called upon within 12 months in terms of the Offenders Probation Act.

The Magistrate said the men would not have to observe the lull terms imposed upon those committed to probation. They must, however, bo of good behaviour .and iuiffl their obligations in the essential industry in which they were engaged. .Mr Luxford told the men that in law they were entitled to a rehearing and in the public interest he had granted that. rehearing. One piece of advice which flic Magistrate gave the men was that, a.s trade unionists. they should be careful of the “bowling". “If you hit out at every ball, then you will mis-hit,” he added, “but if you wait till you get a really loose ball, then you will be all right. 1 hope this closes an unhappy episode and that I will not ho called upon to sit in circumstances like this again."

Air Luxford said the men's ' relca.se would start as from 8 a.in. to-morrow’ pointing out that certain formalities had to be gone through.

NO, CROWN OPPOSITION. When the applications came before the ■ Magistrate this morning Air Y. R. Alereditli said : “1 am instructed by the Crown to offer no opposition to the applications ” “Wc arc applying for a rehearing because at flic hearing on Monday Your Worship indicated that the leniency of the Court could be considered if the men returned to work and faithfully discharged their duties to the industry.” said Air Tuck for defendants. “It was difficult at that time to know if the men would comply with that requirement, but I can now say they will go hack to work and faithfully discharge their duties." CONST IT UTI ON A L PROCE DUE E. Before adjourning the Magistrate re.erieU to me matter ol euiistiiuUoiia.l procedure, lie said it was wellknown that the Governor-General was empowered by Jetteis patent to exercise the Ko\ai prerogative on tlie advice of Jus rusponsiOle Alimsters.

“But, ’ Air LuxroTu added, “i do not Unnk tliat prerogative is ever exercised t.l! a report has been obtained from the presiding Judge or .Magistrate.

“A communication was made to me by the l nder-feecretary ior Justice, asking it, in view of the particular ciicuiiistanees, I suould recommend Llie exercising ol the Royal prerogative. My view was that iL a matter solely for the Executive, but J expressed the view that this matter should come back to the Court il new circumstances justified reconsideration. Apparently, the Executive has decided to allow the Court to exhaust its statutory functions before the question of the Royal prerogative has been determined.”

Commenting on the inability of the responsible authorities to carry out immediately the Court order last .Monday. Mr Luxford said the .circumstances were exceptional, but it had shown a weakness in the administrative system which should be inquired into to prevent a repetition such a.s might arise out of industrial disputes, a state of emergency, and the possibility of the civil and military authorities having to take sudden measures for public safety. “I have no illusion about what is termed Fifth Column in this country, Air Luxford said, “and it may be necessary to frustrate the activities of such a 'body. It las been seen that it may not be possible to place in custody a large body ol men." “Now that everything at Westfield and Hellaby's has been amica-bly settled and the men imprisoned are being released, the Government has decided not to proceed with the issue of further summonses against the men involved in the dispute.” said the Afinister of Labour (Air Webb) in an interview- at Wellington.