HIGH COURT DECISION.

Otago Witness, Issue 3773, 6 July 1926, Page 61

HIGH COURT DECISION.

(From Oub Own Cobbkspondent.) LONDON, May 18. Air Justice Astbury, in the High Court, made some important x observations when confirming a recently-granted temporary injunction against officials of the Tower Hill and Mersey branches of the National Sailors’ and Firemen’s Union, restraining them from calling on members to strike. His Honour declared: “The so-called general strike, called bv the Trade Union Congress Council, is illegal and contrary to law, and those persons inciting or taking part in it are not protected by ths Trades Dispute Act, of 1906. “No trade dispute has been alleged or shown to exist, he added, “in any of the unions affected, except in the miners’ case, and no trade dispute does or can exist between the Trade Union Congress on the one hand and the Government and the nation on the other. “No trade uionist in this country can lose his trade union benefit® by refusing to obey unlawful orders, and the orders ot the Trade Union Congress and the unions who are acting in obedience thereto and bringing about the so-called general strike are unlawful orders. “Trade union funds are held in a fiduciary capacity and cannot legally be depleted by paying strike pay to any member who illegally ceases work and breaks hie contract without justification in pursuance of orders which are unlawful.” Mr Luxmore, K.C., for the union, stated that the terms of a ballot sent out by Mr Havelock Wilson as general secretary showed that they must take a ballot vote of the members and that if they did not do so it waa within the power of the members to create legal difficulties. The ballot paper asked whether they were prepared to withdraw their labour in accordance with the instruction! of the General Council of the Trade Union Council. Counsel added that, owing to difficulties of the poet, the ballot was being kept open for a little while logger.