STRIKE CASES

Waikato Times, Volume 130, Issue 21689, 27 March 1942, Page 4

STRIKE CASES

REHEARING SOUGHT NO OPPOSITION BY CROWN MAGISTRATE’S OBSERVATIONS (By Telegraph.—Press Association) AUCKLAND, Friday When applications came before Mr J. H. Luxford, S.M., this morning for rehearing of cases affecting Westfield freezing workers now serving sentence of a month’s imprisonment, Mr V. R. Meredith said: “I am instructed by the Crown to offer no opposition to the applications.” Mr W. R. Tuck appeared for the majority of the applicants. The secretary of the Freezing Workers’ Union, Mr W. E. Sill, was also present. The magistrate said he would take time to consider the applications. If he thought that in the public interest the applications should be granted he would give judgment in presence of the defendants. He formally adjourned the court until 2 p.m., remarking that if he decided the applications should be granted he would give his decision at 2.15 at the Auckland Prison. Undertaking By The Men “We are applying for a rehearing because at the hearing on Monday Your Worship indicated that leniency by the court could be considered if the men returned to work and faithfully discharged their duties to the industry,” said Mr Tuck. “It was difficult at that time to know if the men would comply with that requirement, but I can now say that they will go back to work and faithfully discharge their duties.” Before adjournment, the magistrate referred to the matter of constitutional procedure. He said it was well known that the GovernorGeneral was empowered by letters patent to exercise the Royal prerogative on the advice of his responsible ministers. “But,” Mr Luxford added, “I do not think the prerogative is ever exercised until a report has been obtained from the presiding judge or magistrate. Communication from Government “A communication was made to me by the Under-Secretary of Justice asking if in view of the particular circumstances I should recommand the exercising of the Royal prerogative. My view was that it was a matter solely for the Executive, but I expressed the view that this matter should come back to the court if new circumstances justified reconsideration. Apparently the Executive has decided to allow the court to exhaust its statutory functions before the question of the Royal prerogative has been determined.” Commenting on the responsible authority’s inability to carry out immediately the court order last Monday, the magistrate said the circumstances were exceptional, but had shown a weakness in the administration system whifch should be inquired into in order to prevent a repetition such as might arise out of industrial disputes, a state of emergency and the possibility of the civil and military authorities having to take sudden measures for the public safety. “I have no illusions about what is termed fifth column in this country,” Mr Luxford said, “and it may be necessary to frustrate the activities of such a body. It has been seen that it may not be possible to place in custody a large body of men.” SENTENCE DEFERRED The decision was that the strikers concerned in the applications for rehearings were ordered to come up for sentence within a year if called upon, and are to be released at 8 a.m. tomorrow. VOLUNTEERS PAID OFF Hundreds of volunteer workers employed by the Westfield Freezing Company, Limited, were paid off today and their places taken by men who were engaged at the works before the dispute occurred. The volunteers comprised men and women from all walks of life, including farmers, country buyers and agents of the company. Volunteers who elect to remain will be employed in addition to the regular workers. Union officials say that full production will not be possible until the men serving sentences return to work. It is claimed that the Westfield mutton chain operates to approximately one-third capacity under voluntary labour. “Everybody will be happy when conditions return to normal next week,” said a union official today. Main Issue Not Settled A statement by the president of the Auckland Trades Council of the Federation of Labour, the Hon. F. G. Young, M.L.C., says: “The issues in the original dispute are still outstanding. The 350 men at Hellaby’s premises, where two separate unions exist, had demanded that Hellaby’s union be deregistered. The federation took over the handling of the dispute with a view to getting the men back to work. Now that this has been accomplished the federation intends to carry out its promise to the men to endeavour to have a tribunal set up to investigate the causes of the dispute. Once the industry is fully engaged and all hands working the federation will make a request to the Government to establish a tribunal/*