HIGH HANDED

Wanganui Chronicle, Volume LXXXII, Issue 19442, 30 October 1925, Page 7

HIGH HANDED

N-S.W. GOVERNMENT ANOTHER ATTACK ON CONSTITUTIONALISM BITTEB DEBATE IK ASSEMBLY. A BILL PUSHED THROUGH ALL STAGES. Received Oct. 29, 7.30 p.m. SYDNEY, Oct. 29. In the Assembly, Mr. J. T. Lang sprung a surprise by moving for leave to introduce a Bill to validate certain actions of the Railway Commissioners in connection with re-grading the 1917 strike loyalists. He intimated that the Government intended to force tho Bill through at ono sitting, and moved suspension of tho standing orders to enbie thais motion to be carried. Amid disorder tho Bill was introduced. Mr. Lang explained that the Bill was necessary to remove a technicality which had arisen through a decision of the court rendering illegal certain acts of tho commissioners relating to the reinstatement of railway employees. Mr. Lang added that unless tho Act was passed, the railway service would bo thrown into the utmost confusion.

Mr. Bevan opened an agry debate, in which he charged the Government with forcing the hands of the Railway Commissioners, unfairness to the people and browbeating loyalist men of the service who were unable to defend themselves. The Government hJad not yet won. The Bill had to go to the. Legislative Council, and if tho Council accepted a Bill deliberately designed to reward disloyalty and dishonour and punish loyalty and honour then it would be a good thing if the Council was wiped out of existence. HOTTEST DEBATE ON RECORD GOVERNMENT FIERCELY ATTACKED. Received Oct. 29, 7.30 p.m. SYDNEY, Oct. 29. The debate was ono of the bitterest and hottest ever heard in tho House. Mr. Bruxner said the Government wero prepared to back up anybody who wanted to see the wheels of transport stopped and the country plunged into chaos. They were paving the way for a similar state of affairs as existed in .Queensland. Other speakers fiercely attacked tho Government, but, amid continued excitement, speeches were shortened by frequent use of the guillotine, and the Bill was forced through all stages and sent to tho Council before the House rose. It is anticipated that the Council will reject tho Bill. CAUSE OF THE TROUBLE GOVERNMENT TRIES TO OVERRIDE LAW. Received Oct. 29. 11.15 p.m. SYDNEY, Oct. 29. The Equity Court to-day granted tho injunction applied for, therein holding that the Railway Commissioners had, under the Railway Act, not power to repress an officer of their own volition The commissioners were ordered to pay costs.

(Mr. Lang, Premier of New South Wales, issued a ukase to the Railway Commissioners last July, ordering the restoration of the seniority of men who wero disrated as a result of the great railway and tramway strike in 1917. Loyalists who obtained promotion as the rseult of the disrating of the strikers, and who will now be reclassified in order to restore pre-strike seniority, will continue to receive their present pay. The Government undertook to reimburse the commissioners the extra cost involved, running into U large sum. As the outcome of Mr. Lang’s ukase an important test case, on which will depend a large number of others was commenced in the Equity Court on October 17. One of the disrated loyalist officers is seeking an injunction to restrain the Railway Commissioners from carrying out the Government’s orders in the matter. Counsel for the defence rtiised the point that plaintiff had no grounds for relief against the commissioners, who had acted under Government direction. Mr. Justice Harvey over-ruled him and declared that tho deliberate policy of tho Railway Act was that tho Commissioners should use their own discretion. The Act was melant to protect railway employees from political interference. It certainly was never intended that the Commissioners should waive such discretion in favour of the Government, Parliament, or in any other outside direction. Another tost ease, in common law, arising out of the same circumstances, is pending against the commissioners, in which a disrated loyalist is claiming substantial damages). '