THE BLACKBALL TROUBLE.

Gisborne Times, Volume XXVI, Issue 2151, 28 March 1908, Page 3

THE BLACKBALL TROUBLE.

INSTRUCTIONS GIVEN FOR THE COLLECTION OF FINES.

Press Association. WELLINGTON, March 27. Information lias boon received lioro that negotiations for tho settlement of the Blackball strike have 1 alien through. Instructions havo been given to tho Labor Department to collect the fine of £75 imposed on the Union by the Arbitration Court, railing payment, tho Union men will bo 'proceeded against individually until tho amount is collected.

MINERS STILL DETERMINED.

PROBABLE STRIKE AT TYNESIDE.

THE INDISCRETION OF YOUTH. Press Association. GREYMOUTH, March 2/. Tho Blackball Miners Union considered tho proposals by tho Labor Department for assisting a settlement and tho proposals were rejected, lho minors -nro determined to accept no terms, that do not include hall an hour crib time. Tho miners are also determined-not to pay the lino of £/5, and tho decision of tho Government to collect the amount from tho Union or to proceed individually against the men will bo met with strong opposition.

Mr. Isdell, of the Labor Department, visited Blackball yesterday, and had an interview with tho miners and the manager. He states there is no chance of a compromise, both sides remaining very firm. Great interest is manifested in the meeting to-morrow afternoon ol tho Tyneside miners, who will consider tho question of striking in sympathy with tho Blackball men. There is an uneasy feeling about the result, tho opinion being that a strike will result. The old resident miners are against a strike, but the young men are for going out. If a strike occurs at Tyneside it will bo a serious thing for the mine, as there will bo a danger of it flooding. There is a mild scare in town, and coal dealers are rushed with orders. Tho gas works department has, since the strike, built up a reserve of 100 tons of coal. Tho Wharf Laborers’ Union meet on Sunday afternoon to consider the proposal submitted to them.

MR. PRITCHARD IN DUNEDIN. SMALL BUT SYMPATHETIC MEETING. Press Association. DUNEDIN, March 26. Mr. Pritchard, tho representative of tho Blackball miners, addressed a meeting in the Alhambra Theatre this evening. There were about 120 people present. After Mr. Pritchard had explained the position at Blackball from tho miners’ point of view, the following resolution was carried without dissent, on tho motion of Mr. W. S. Pattison, seconded by Mr. McManus, “That this meeting of citizens of Dunedin, after hearing the representative of tho Blackball Miners’ Union, Mr .Pritchard, congratulates the miners on their resentment of the dastardly action of tho mino manager •in victimising seven of their comrades, and expresses the hope that they will he successful in their effors to secure an extension of crib time to half an hour; also, that tho meeting pledges itself to financially support tho wives and children of those who have ceased work.

TINSMITHS’ UNION UPHOLD ACT Press Association. CHRISTCHURCH, March-27. The Christchurch Tinsmiths’ Union passed a resolution to-night that it could not see its way clear to give financial assistance to the Blackball miners, as by so doing it would be a breach of the Arbitration Act, the principles of which tlio Union earnestly upheld. STATEMENTS BY MEMBERS OF THE MINISTRY. Press Association. WELLINGTON, March 27. “The position at the present time,” said the Hon. J. A. Millar to a N.Z. “Times” representative yesterday, when questioned regarding the continuance of the strike, “is that the Government has -made a demand for the payment of the fine imposed by the Arbitration Court; failing payment thereof the necessary legal action will be taken.” When- -asked particularly what other action the Government proposed to take with regard to the strike, Mr. Millar saicl: —“The Government has

no power to compel tho men .to go back to work, nor the owners to open their mine To work. There is no such law in the country, nor in any other, so far as I know. Where peoplo seem to be making tho mistake is in thinking that a strike is :a continuous offence. I have had the best legal advice on this point, and I find that a strike, when committed, is an offence within itself, and the law has been broken immediately it takes place. There are others .who seem to think that action should be taken against the unions which have been contributing money to the support of the strikers, on the grounds that they are aiding and abetting the strikers In this they are laboring under a delusion. Aiding and abetting an offence consists in tho doing of something either prior to or concurrently with the committal of the offence, and not after the offence has been committed, the offence being completed in itself when the strike lias taken place. Subsequent .action cannot aid and abet in the committal of an offence which has already been committed. The Government is exercising all the power given to it unclgt "tlio Act to sgg that tho aware! of tho Court is forced, and is giving the men timo to consider their actions before doing anything. So far no effort has been made. to comply wiith the order, but tho Department is at once taking the necessary steps, to enforce it.” ~ ~, The Hon. Dr. Findlay, as Attor-ney-General, was afterwards asked for a further elucidation of the legal point. “I not only share the view of tho Minister of Labor on this matter,” replied Dr. Findlay to .a question. “but I advised the Government shortly after the strike Took place as •to what stems could bo taken, to punish those who aided and abetted the strike. There is no doubt a great deal of misconception as To the powers of the .Government in connection with this matter. It is quite clear, under section 15 of .the Act of luUo, tint a strike is not a. continuing offence, whatever may bo the popular conception. The strike is complete under this section as soon as tlio men in concert leave work. Jiicy can bo punished for this once, .and once only, under section 15. If, then, the offence is complete on the men leaving work, no person can be punished for proposing, aiding, or abetting a strike, or taking ipait in a movement intended 'to produce a strike unless all .these things preceded the completion of the offence; that is, unless they took place 'before the men actually left work. Thus, at seems to me quite clear that to encourage men who have struck and have been punished for the offence to continue idle, or refrain from returning to former employment, is not- an offence under section 15 or any other section in that statute. There is, moreover, .another and an entirely independent difficulty in dealing with some of those who advised the men To continue tlie.vr present attitude. Lection 15 provides that any industrial union or'industrial association or employer or any workers, whether a member of any such union or association or not, who .aids or abets a strike, is guilty of an. offence. From this it would seem that the aiding or abetting is only an offence if done by a “worker,” meaning, no doubt, a worker in the trade or (industry m connection with which .the strike has occurred. Thus, the section docs not apply, in m.v opinion, to those enseg- ; od in all entirely different calling who aid or abet a strike ip the coal and us-

try ,It is clear from what has happened recently that the amendment Act of 1905 requires -revision, As it stands -at present I do not think that proceedings cotild bo taken ngainstil nyono for -a idling and abetting a striko unless ho bo a 'worker m the trade or .industry in question, and then it could only bo it the -aiuing and abetting prceedo the completion of tho offenco by the men leaving work. All tho aiding -and abetting of which coin-plaints are being amnio has taken -place since the strilco occurred ; indeed, none ol at preceded the strike. For these reasons, it seems to mo that proceedings could not bo taken against -anyono tor encouraging the men to continue then present -attitude. The Government has, under the circumstances, been entirely limited to ■proceedings against either the uinterns or the men. Proceedings wero taken against the union, kccauso it had, in this ©a., , called a special meeting, and formally passed a resolution, which was entoied in tlio minute book proposing a strike. For this the union wins lined £75, and, failiii-g payment by -tlie union, the members -are liable to a limit c-f £lO each. To nmv proceed against the men l-ndepeiulcnt-would bo to punish tliem bvie over, for no doubt -an fixing the fine tlio Aiihitr-ation Court considered fne conduct of the members ol the on-ion, and intended tho -punishment to be both collective -and individual. As Mr. Mill u- has informed >©«. 'Pi° cowlings are being taken aga-inst t o union to compel tho pay-ment of tho fine bv the processes provided by lav■. Under alt the circumstances, Di. Fi-ndluv concluded, it cannot bo saM that the Government-has hh") failed to enforce tho law as it at pie sent stands.”