LODGE OR LAW

Otautau Standard and Wallace County Chronicle, Volume IX, Issue 427, 15 July 1913, Page 2

LODGE OR LAW

WHICH MUST BE OBEYED?

Mr Justice Hey don, sitting m the Industrial Court at Sydney on June 27, was pointed m his remarks upon the 1 manner m which trade unionists regarded theirobligations to the law of the land, declaring that the time was rapidly approaching when it would have to bo settled whether the law was to be obeyed or the lodge. Incidentally, also, His Honor made interesting observations on the definition of the word "strike." The point arose on the application of Mr Brennan, of the Northern Miners' Federation, for the discharge of an injunction issued against certain officials of the Pelaw Main lodge, who had, it wa3 alleged, taken action against the order of the management to instigate a strike, and Mr Brennan argued that the injunction should be removed because no strike was m existence. .• ( ■ ■' His Honor said Mr Brennan seemed to share m the general misapprehension as to what a strike was. Mr Brennan : • But if the men are working, there can be no .strike. His Honor : I. don't agree with you at all. Supposing a man whose duty it is to do certain things, and a number of men, m concert, refuse to do one of these things -^-is that not a strike? Would it not be nonsense to say that was not a strike? At a later stage His Honor asked what harm the injunction had done to the. men against whom it was directed. Mr Brennan : It does this. A man. is m an official position m his lodge. tHe is practically its mouthpiece. An injunction is issued against him. He is practically muzzled, and .dare, not do any business m connection with that lodge. . His Honor: He dare .'not do it against the injunction, but he can do any other business. • ■' * Mr Brennan : He is afraid to do anything, because he does not know what may be regarded as savoring of instigation. The lodge passes a certain resolution. He is the mouthpiece of the lodge, but with that injunction against him he dare not approach the manager. His Honor said the real point of the application seemed to be one which would have to be setled all over Australia sooner or later. "Is the lodge or the law to bo obeyed first?" added His Honor. "That is the question. My injunction is an order forbidding them to disobey the law. It simply says: 'Don't break the law,' but the man says : ' What am I to do ? , The lodge tells me to break the law. I" am a servant of the lodge. They pay me. I make my living out of. the lodge, and Ihave duties to the lodge, and you tell me to disobey the lodge when they tell me to break the law. I can't do it. I must obey the lodge before I obey the law.' That is what you are asking. There is no doubt the difficulty is very widespread. I am as certain as I sit here that if trouble arose and the executive of the federation were to send out [ word to the men to come out, and the men | had it put to them that if they came out ' they would break the law, and that if they did not come out they would disobey the federation , probably all the men would put the federation above the law." P Mr Brennan : I don't think so, your Honor. His Honor : I hope you are right, but r we see it every day that m a great many , unions the order of the unions to the men ' r to come out is obeyed. r "Further," His Honor went on, ( "I don't see what barm is done to a man 'by ; having a writ of injunction directed to ' him forbidding him to break the law : .1 k can't see that nq is under any injury. You j want him to be free because his lodge may order him to do something which ; may amount to a breach of the law. I j don't see why a man should be free to do . anything of the kind." I Mr Brennan : Supposing these orders J have been obeyed, and the men iare back at work, why should this hang over a man for a moment longer than is neces- [ sary? | His Honor: That is a fair argument, t but what harm does it do him if it does? ; Mr Brennan : Everybody knows it is ' hanging over him, and some people are " not backward to tell a man. So far as ' I am concerned, I would like to get the \ thing removed as quickly as possible. ; His Honor: And you want me to believe that the men at the northern coal [ mines think it anything to the detriment of one of their officials that an injunction ; has been made against him„! I can't ; . believe it. Rather would they think it something to his credit. [ Mr Brennan : Some of them would. His Honor :. Look at poor Mr Bowling; \ ho actually served a sentence. Can any- ' body tell me that the northern miners think' it a discreditable thing that Mr | Bowling should have served the sentence?

Mr Brennan: No, and they don't think any tbe worse of me.

His Honor: I had forgotten that you also served a sentence. If they do not think any the less of you for having served a sentence, will they think any tho less of you for being under an injunction forbidding you to break the law? Certainly not. His Honor added that if the matter wore brought before him formally on a future occasion he would deal with it. — 'Telegraph.' ,