ACTION AGAINST SEAMEN.

New Zealand Herald, Volume LXII, Issue 19119, 10 September 1925, Page 10

ACTION AGAINST SEAMEN.

COUKT IMPOSES FINES.

ORDER FOR RETURN TO SHIP. ABSENT WITHOUT LEAVE. CASE UNDER IMPERIAL ACT. A case with an important bearing on 'he position of seamen on British ships ; n New Zealand waters who are on strike <">n account of tho reduction of wages was decided in.the Police Court yesterday. Tho master of the Benici? proceeded against eight of the crow for being absent without leave and also with combining with others to delay the voyage of the vessel. Mr. R. McVeagh appeared for the master and Mr. Vallance represented six seamen. Mr. E, C. Cutten, S.M., was on the Bench. Great interest was taken in the proceedings and the Court was crowded with seamen.

It was agreed that as all the charges wero the same, the cases should be taken together. Mr. Vallance said the men he appeared for pleaded guilty to the charge of absenting themselves from duty.

Mr. McVeagh said the charges were really alternative and if the men admitted one he was prepared to withdraw the other. The second charge of helping to retard the progress of the vessel was accordingly withdrawn. "Deserted with Good Reason."

A young seaman, George Broad, • who defended himself, said he would not plead guilty, because he deserted the ship with a good reason. "I .signed on for £lO a month," he said. "I did not know there would bo a sliding 6cale of wages." The Magistrate: You admit you were absent from duty ? —Defendant: Yes, I admit that.

Mr. McVeagh said the charges wore hrought under tha Imperial Act. In the agreement under which the men signed on there was a statement of wages payable every calendar month. There was also a special clause which set.out that the men were bound by any increase or decrease in wages that might be decided upon by the National Maritime Board. The facts of tho case were that the Benicia arrived at Auckland on August 23 from British ports via America. Two days later thu men did not turn to and when approached by the chief officer said they were not prepared to work under the reduced Bcale of wages. They informed the master of their decision and ho told them he had no official intimation of the reduction. They lived on board tho vessel until August 29, when all the cargo for-Auckland was discharged. Preparations were made to take the ship out in the stream when the defendants walked ashore. They had not been on board since. The captain met them at the shipping office on September 3, but they remained adamant, Extra Pound Insisted On. At this stage one of the-defendants, James McQueen, said he would plead guilty to the second charge and not to the first. He joined the ship at Newport News and was in a different position from the other men. The magistrate informed him that if he pleaded guilty to the charge of.helping to retard the progress of . the vessel he would havo no alternative but to imprison him.

McQueen: I would prefer imprisonment to going back to the ship at reduced wages. lam not going to work unless I get the extra £l. He denied that the different clauses in the agreement had been read out to him when he sighed on. Mr. McVeagh: We will get over the difficulty by proving that defendant is guilty of the first charge. Evidence was givon by the master of the Benicia and tho chief officer that McQueen left the ship with the others and had not returned. It was necessary to have him on board if they wanted to go to sea. There was an exchange of words between the captain and McQueen. McQueen said the agreement was not read over to him when he signed on at Newport News. * The captain: I was there and heard the acting-consul read it over. Value of Beturn to Ship.

" What we particularly ask for is an nrder for the men to return to their ships," said Mr. McVeagh. Mr. Vallance said the facts were admitted. Looking at the case from tho men's point of v*lw, they left the ship as a protest against the reduction in wages. They would prefer to be discharged rather than return to the vessel under the reduced scale of wages. He admitted that this was not a legal argument. Mr. McVeagh: In effect they have broken an agreement which they promised to keep. All of them signed it. Supposing the National Maritime Board increased their wages and the shipping companies refused to pay, I wonder what the men would have done then? I ask that they be ordered to return to their ship. The Magistrate • What good are you going to do in putting them back ? Mr. McVeagh: Do you suggest that they will not work? The Magistrate: They might not stop there. (Laughter.) Mr. Vallance pointed out that the men on the Benicia were in the unfortunate position of being prosecuted. The men on other E.hips were at large. Because the Benicia had Arab firemen who were prepared to continue working these men were prosecuted for going out on strike. Not Concerned With Strike. The magistrate, after a short retirement-, said that in the case where the plea of not fuilty was entered evidence was given and efendant would'be convicted.

Counsel for the defence bad admitted

the offences were committed in the course of a strike. That, however, was a matter with which the Court would have nothing to do. The defendants would be dealt with in the same way as art individual offender who absented himself from work as these men had done, without regard to other matters. The penalties to which defendants were liable were set out in section 221 of the Act. In addition to a penalty imposed under that' section the prosecution asked for an order under section 224, that the men be put on board the ship. He was of opinion that such an order could be made in addition to the imposition of penalties under section 221. That section provided that the men might be ordered to forfeit a sum not exceeding two days' pay and in addition a further penalty not exceeding six days' pay for every 24 hours they remained away from work. Up to tho time of the laying of the information the men had been nine days away from work, and together with the two days' penalty this would make eleven day 3, except in the case of one man who was only eight days away from the ship. Seven of the defendants were ordered to forfeit a sum of 5s for every day, making £2 15s in seven cases, and £2 10s in the other. An order that the men be placed aboard the Benicia was also made, and a further order that the fines should be deducted from the moneys now owing or to be earned by defendants. A solicitor's fee of 7s 6d and Court costs 7s were allowed in each case. The decision resulted in a demonstration at the Jjack of the Court. One of the defendants stood up and said he had no intention of going back to his ship. The remark was greeted with a 'stifled hurrah from his colleagues.

WELLINGTON PROSECUTIONS. [BY TELEGRAPH.- —PRESS ASSOCIATION.] "WELLINGTON, 'Wednesday. . On Friday 127 seamen, mostly from the Arawa, will be charged with being absent without leave and combining .to impede the progress of the ship.