DEPORTATION FLOUTED

New Zealand Herald, Volume LXII, Issue 19061, 4 July 1925, Page 14

DEPORTATION FLOUTED

n/vVC YUC DEViITV LYONS PAYS THE PENALTY. NINE' MONTHS IN . 6AOL.®# "AGITATOR OF WORST TYPE*' I.W.W. POSTERS AT THE BLUFF. i [BY TEt#GRAPH,—SPECUX BEPORTiB.J; if. WEMJNGtfOff. The Australian seaman, Noel Lyons, against whom an order of deportation was issued by the Attorney-General on May 26 last, was prosecuted in the Magistrate's Court to-day for disobeying the order, and was sentenced to nine months' -zftbour. Mr. C. K Orr-Walker, P.M., presided, and Mr. P. S, K. Macfissey appeared for the Crown. Lyons was not represented by counsel. He pleaded ■guUty. , , The Court was crowded, the majority of the onlookers being waterside workers and seafaring men. Lyons asked for permission to state his reasons for not complying with the order, The magistrate agreed to this. Mr. Macassey read the section* of the Act covering the offence and the liability to a maximum penalty of 12 months' irn pri3onment or a fine not exceeding £IOO. Counsel then described the circumstances of the case. Lyons had come aboard the Manuka at Melbourne on a voyage to Now Zealand and at the Blufi the town was placarded with LW.W. posters. Counsel described also the "nam and eggs" incident on board the Manuka, attributed to the agitation of the accused. As a result, the boat was laid up, The accused then, proposed to leave for Melbourne by the Moeraki. Lyons urged th® men to follow the example of the Manuka's crew. The crew elected to follow the advice of their secretary, Mr, Young, against whom the accured said that the union secretary was getting £8 a week and not living in the forecastle. Free Passage Declined. After this an order was signed by the Attorney-General. Sir Francis Bell, directing defendant to leave New Zealand within > 28 days. Lyons was served with the , order. He declined the offer of a free passage to Sydney with second-class accommodation and a second-class railway fare to Melbourne, This man wafs t,a agitator of the worst type, who had »it the law at deliberate defiance. A fine would be out of the question, and he asked that the Court should impose the full penalty of imprisonment. Accused, on bis own behalf, said b® thought his proposed deportation had nothing to do with the Manuka. He thought he was just going to be tried for the infringement of the law in not leaving the country. Mr. Macassey:,That is all. It is for deliberately flouting the law.

Given a Chaace to Ocmply. The Magistrate: I am not concerned with the reasons for making the order. I am here to carry \ tut the Taw. Are you prepared to comply with the order? Accused; No, X am not. The Magistrate: After alatore consideration ? Afccusejl; Ye#, Ihave throe maowu ; I have a job in WaUlngton, and I am working at it In the second place, J have fought for democracy and I do not think this is democracy to get bundled out of (his country for doing nothing whatsoever! (Applause in Court.) The Magistrate: This is. not a show. This is a Gmrt. If the police can pick out anyone offending I shall inflict punishment. The Accused ; My third and most important reason is that I am a member of the working class and this is the law of the country to be applied to apy working man who happens to be unfortunate enough to have come to this oonntry with his hat on, so to speak. For that, reason ! am hot going to deport myself out of the country. I think it will point out to the working class of this country and let them know what kbd of laws they have got in this country. I suppose I'am''risking a test of my case and becoming a martyr to bring the effect of this law-faj light and to have something done to have it wiped off the Statute Book. That is /> my reason. The Law of the Laud. • J' It is a law which has been made by the Legislature," commented the magistrate. I represent that law, and I must carry put the law. I cannot consider any one of the three reasoas as an excuse for refusing to comply with the order, which is legally and lawfully made. You have appeared to make up your mind to flout the order, which is the working of the law. No Court can stand for that sort of thing. You have one appeal, and that is to tne Legislature. That is the only wav in whi«h you can get the Act repealed. The only person who can upset the order is the Attorney-General himself. I consider no Court has power to over-ride the order. " I regret you do not accept the opfortunity of acting in compliance with it have one duty to perform, and I roust do it You know what the consequences are. Are you prepared, to use an opportunity if given to you now?" Lyons.' I think that it is only drawing the matter over. I considered it long ago. The Magistrate: Very good. Yon will be convicted and sentenced to nine months' imprisonment with hard labour. #' ' ■ ' T '" '