COURT UPHOLDS APPEAL.

Timaru Herald, Volume CXXIII, 12 December 1925, Page 9

COURT UPHOLDS APPEAL.

Deportation Act Wrong* in Law. WALSH AND JOHNSON DISCHARGED. By Cable—Press Association—Copyright, Australian and N.Z. Cable Association (Received December 11, 5.5 p.m.) SYDNEY, December 11. The High Court upheld the appeal by Walsh and Johnson, and ordered their immediate discharge. As the application to the High Court, on behalf of Walsh and Johnson, was for a writ of habeas corpus, made on grounds inter alia, that the Deportation Act was ultra vires, the Court’s judgment apparently means that the Act is wrong in law, and no legal effect can be given to it.

[Tom ’Walsh, president of the Australian Seamen’s Union, and Jacob Johnson, secretary of the New South Wales branch of the union, were arrested on November 20, pending their deportation, on the instructions of the Federal Government. This was the result of the recommendation of the Deportation Board. The sudden action of the Government did not come altogether as a surprise. ltumoours had been current since the election returns began to indicate a victory for the Nationalists of a probable early move. Walsh and Johnson were quietly arrested at their homes early in the morning. They were removed to Garden Island. This.was taken to suggest that a naval vessel might convey them from Australia. The Prime Minister, Mr S. M. Bruce, made the following statement at Melbourne : “The Deportation Board has found that Walsh and Johnson were concerned in acts which were directed toward hindering or obstructing, to the prejudice of the public, the transport of goods or the conveyance of passengers in relation to trade or commerce with other countries, and that their presence in Australia will be injurious to the peace, order or good government of the Commonwealth. The Court also found that the two men had failed to show cause why - they should not be deported. The board has accordingly recommended their deportation, and they are now in civil custody awaiting deportation.”]

STATEMENT BY WALSH. MR BRUCE SHOULD RESIGN. By Cable—Press Association—Copyright. Australian and N.Z. Cable Association Received Dec. 11, 8.55 p.m. SYDNEY, Dec. 11. In the High Court, the Chief Justice said the reasons for the decisions in deportation cases will be given as soon as possible. Costs were granted against the Crown. Tom Walsh, spoken to after his release, said if Mr Brijce did the decent thing, he would resign. All officials refused to comment

LABOUR TAKING BALLOT. PROTEST AGAINST DEPORTATION LAW. By Cable —Press Association—Copyright Australian and N.Z. Cable Association. MELBOURNE, December 11. The Trades Hall Council adopted a manifesto prepared by the Executive with regard to the question of deportation, and decided to proceed immediately in taking a ballot among all Unionists on the question, inter alia: “Are you prepared' to stop work for one day as a protest against the continuance of the deportation law?” It was also agreed to suggest that Trades Had Councils in all the States should take similar action.

CENSURE MOTION DEFEATED.

By Cable —Press Association—Copyright Australian and N.Z. Cable Association.

MELBOURNE, December 1,1. In the Assembly, tho censure motion was defeated on a party division. The House carried the second reading of a Bill substantially increasing taxation on individuals and companies. The new measure is expected to increase the revenue by £287,000 sterling annually.

WAR AGAINST THE REDS., ACTIVITIES OF STATE LABOUR PARTY. By Cable —Press Association —Copyright. Australian ami N.Z. Cable Association SYDNEY, December 1,0. Mr Loughlin, Deputy-Leader of the State Parliamentary Labour Party, who is the prime mover in the campaign for tlie exclusion of Communists from tho Labour Party, has issued a manifesto, in which he states that the Communists should be kept out ot Unions in order to protect the organisations against their treacherous activities. This should not present any great, difficulty in view of the fact that industrially eligible men are kept out of Unions to-day for less important reasons than the protection of these bodies against organised treachery. The Communist thesis of tactics affirms it to be the duty of all affiliated bodies to fight Trades Unions’ bureaucracy from within, in order to transform Trades Unions into a revolutionary, mass organisation. The clear duty, therefore, of the Trades and Labour Councils, which are affiliated with Moscow, and of every member of the Communist Party is to destroy the character and functions of Trades Unions in Australia, and convert Unions into instruments for precipitating a revolution. Tho manifesto proceeds: “'this, stated shortly, is the explanation of the presence of Communists in a Trade Union, and supplies abundant reason for tlieir ejectment ”

WILL NOT TAKE ORDERS. SPLIT IN LABOUR RANKS. By Cable—Press Association—Copyright. Australian ani N.Z. OahU Association SYDNEY, December 10. The Labour Council discussed the action of the Marine Transport Group during the strike, and a bitter debate followed) when the Waterside Workers’ delegate announced that the group would not take any orders from the Labour Council on the deportation issue. The discussion ended in a deadlock between the Council and the Group. Tlie Council decided to again ask the group to call a mass meeting of members to protest against deportation. but there is little likelihood of tho request being acceded to.