TERRITORIALS ON STRIKE

Otago Witness, Issue 3396, 16 April 1919, Page 8

TERRITORIALS ON STRIKE

A PALMERSTON PROSECUTION.

Formed in irregular column of platoons, a 1 largo number of Territorials on the Bth insfc. held a parade without pay at the Palmerston Courthouse, the immediate reason for their appearance there being a charge of failing to ronder personal service under the Defence Act by not attending drill. The real reason, however, lay a gooct deal deeper than a mere technical breach of; tho law. It appeared from the proceedings that the young men had taken part in wnat practically amounted to a strike, or, . at any rate, had adopted a policy of passive resistance, by way of entering their protest against the undue favouritism which, they believed, was being shown towards a certain individual by the local Defence authorities. It was also indicated that the trouble _ was not of immediate, or even of recent, origin, and that the manifestation of it which brought the offenders within reach of the law was the outcome of a dissatisfaction which had been brewing for some time. Mr J. R. Bartholomew, S.M., was on the bench. The following are the names of the young men charged: —Troooers W. H. Dreaver and -J. F. Duncan, Privates L. W. R. Brooks, J. Johnston, F. E. A. Dreaver, F. C. P. Hurndell, J. J. Haggio, N. C. Johnston, G. Johnston, T. A. Kennard, A. W. J. Kitchen, J. G. Robertson, J. Spillan&, wid E. E. Wheeler, Cadets W. J. Hurndell, G-. W. Buchanan, T. Lindsay, R. G. M. Cook, M. Spillane, E. G. M'Gregor, F. J. Galloway, T. R. Stringer, J. D. M'Tamney, .0. Watkins, R. Pollock, and J. H. Morrison.

Mr E. P. .Lee said ho appeared for all the defendants with the exception of G. Johnston, W. Hurndell, and J. G. Robertson, who would place their own cases before the court. On i.ehalf of the remainder he pleaded guilty. Seuior Sergeant Sfcagpoolc (Oamaru), who proseoutoo, said these cases were on a different footing from the majority of cases which came before the court. A parade had been called at Palmerston on the 31st ult., and when tho officer in charge arrived he found all tho defendants in uniform waiting for him. He got everything ready, and then ordered them to fall in. One and all refused, and through a spokesman called Dreaver they said they would not parade. They pointed put that they had a grievance in respect to a man named Francis Collins, whose parents resided in the town but who lived in tho country himself, and stated that they would not drill until ho was treated as they wero treated. The officer told them to put their grievance before the officer in charge of the group, and gave them 10 minutes to decide whether they would fall in or not. After this interval had elapsed they again refused to fall in. With regard to Collins the senior sergeant said his people occupied a prominent position in Palmerston, but they had a farm some 10 miles out in the country, where the sons, including Francis, lived. This young man was frequently in town. On account of the distance from the township Collins had received permission from Captain Redmond not to attend the evening drills. He had, however, attended tho annual camp, and had done everything elso that was required of him. Tho Magistrate : That is the regular p< sition. Tho exemption limit is six miles for n mounted corps and four miles for the infantry. Mr Lee said the facts were as stated by

tho senior sergeant. It had been shown that aa a body the defendants were good soldiers, and had always carried out their duties willingly. The defendants in oresent case/ had six months ago, brought ihe fact before Sergeantmajor Hodgson that Collins was not attending drill, and also that there were four other men in the district who should have been on parade. The sergeantmajor thanked them for this information. These four men had all been dealt with either by being forced to obtain leave or to attend drill, but nothing had been done in respect to Collins. According to his instructions Collin? worked on the farm 6ome miles from Palmerston, and so far as the matter of exemption went he understood that it was granted solely on the ground that a man was unable to attend drill If he happened to be in town on a drill night, and residing in the town that night, then there was no lawful reason why he should not go on parade. Captain Redmond: That is quite true. Mr Lee: These men pointed out to the sergeant-major six weeks ago that Collins was in town on drill nights, and that he did not attend the parade. Surely it was his duty to note the facts and report the matter. - Captain Redmond: How do you know lie did not do so? - Continuing. Mr Lee said that more than one of the defendants asserted that on drill nights this man Collins 6tood in the street and laughed at them and "barracked" them because they had to go to drill. If such a state of affairs as that were tolerated tho efficiency and the very existence of the Territorial system wero threatened. A month ago the defendants again brought their grievance under the notice of the ser-geant-major, but nothing was done, nor has anv prosecution followed. # In giving his decision, the Magistrate said it was unfortunate that these young men had been eo ill-advised ae tp persist in the courso of action which they had taken. Whatever their grievance was they had gone an entirely wrong and unconstitutional way about securing its redress. Anything in the way of a strike or passive resistance should not be countenanced. With regard to the invidual who had been mentioned the Act made it clear that there must be a limit to the distance which a man has to travel to attend parade. That distance was six miles for mounted men and four miles for foot units. Whether this individual had got exemption or had broken those conditions he was not concerned with at the present time. No doubt the Defence Department would take every notice of what had been said that day, and would see that neither this person nor anyone else was allowed to escape his obligations under the Defence Act. The court was always most particular to see that no one was allowed to escape his duty, taking the view that any evasion was most unfair to those who attend their drills regularly. Any offenders in this matter were always dealt with very severely when they wero brought before the court.' In dealing with the present case he would give every weight to the fact that these young men and boys had been regular attenders at parade and that in tho past their conduct had been satisfactory. He took it that they had uetcd impetuously, and not on the advice of anyone capablo of giving them sound advice. The Senior Cadets would bo convicted and discharged. With regard to the others he did not consider their offence was altogether trivial, but he would deal with the matter leniently on that occasion,,

They would each be convicted and ordered to pay court costs amounting to 7s in each case. _ George Johnston and J. G. Robertson produced medical certificates, and the police thereupon consented to their charges being withdrawn. Wilfred Hurndell and .his employer submitted proof that he resided beyond the four-mile limit, and the police also withdrew this charge.