STRIKE SENTENCES.

Dominion, Volume 3, Issue 727, 28 January 1910, Page 7

STRIKE SENTENCES.

TWELVE MONTHS. /MAXIMUM WITH HARD LABOUR FOR BOWLING. 1 1 TEARFUL LEAVE-TAKING WITH WIVES. . By Telesraph—Press Associatioii--popyriisii4. (R«c. January- 27, 9.35 p.m.) Sydney, January 27 the Industrial, v Court .->(Judge\, .Rogers. -• pr.e-■Biaing),'?^in-tlie "cases .against.'the stnke? .Peter;- 'Bowling, Daniel; Vand I 'James ' Butler, charged, under the new Industrial ;DispiltM - Aet i, with '. taking ' ; part :, iri; .a :strike -meeting"ot Bulli, in' tho southern , district. . ... ;. ' : . Bowling : was , sentenced to twelve months'. imprisonment - . Tvitli': hard labour .(tho maximum ;uider- the- Act), and the oilier ■: three.': were; each / sentenced to :eight''mbniM.-^.;y-;;--y;^;;';;:; ; - ; ;.h .''J-.The; informations' were", laid under. :di- ' visions -1 and 2 of. the ...Justices Act, 1902,t1ie ''ilniustriall.Disputes-, 'imd^tlieiiindnsfrial: ; 'Disputes-(Amend-' ment) Act,. 1909, by Sub-Inspector ' Bradley. forth; .that . on December 29 last, - Bowling and the other three, .defendants; . while-at: 'Bulli, -460k part . in a meeting of morb. than two'persons, assembled for the purpose of Raiding in the :continuance:,;of a .strike,' • in existence, - amongst ' tlie; 'coal-minerg-'. and .others, employed in ; the hav-. 1 ing feasoriable,:grbuh'ds',:tto thu'f, tho'.:;.pr6bable'j.;^ jthe'.con:tinuance' of j; tho 'strike . would be to deprive the" public.to'.-a -great'.eitent : of the .'supply :?of ; necessary.:vcominodiiy, : -to wit, .coal, .i'ho charges' wcra.laid separately...; '- .... ' : -ii i Bowling's - Plea—Asks :Not .for ■'-Bowling,, in his address'" to the Court, said -.that the. Olcl Strike , Congress. was. dissolved,/leaving • ;,20,000, ■) men ; without leaders. 'The new, Congress was formed with. the -intentionV of:: bringing : about peaco as ' rapidly, as possible,''consistent with the maintenance of unionism. ..'lt .ivra9;,the" .disaffection ■ that iixto ' lh© counsels of the leaders that led him . to abandon tlie hopes of victery he had enjteMined:'up that-' point:.. . He then ; that it should bo accepted -by..unionists: as a united. body,.and not in- scattered -v.'He' had; advocated 'peace and ; a ; spfiedy: Bulli: any'" clemeicyl^>;itt/he" were : found. guilty, - ho'had been guilty 'fls oC ™"y> ;,if; he: hoped 'that-.tlio: r men who trustedhim would.not petition for clemency.for bim. Hot would bo- no - friend, of his • (the ..speaker's) who': asked for . clemency 'from -' A-Goyernnient that had made a criminal • /Bowling spoko for an hour and a half. Judge's Summing.Up—Which:is the Real Tyranny? |VJudge^:;Epgerß,iAin : wrt;;th'e:"BOuthem' : miners; had-.no ,quar-; rel .with their :*eiripbyemi' whict was not i capable of' adjustment. : When, the men struck, on'a. qaarrel -whicli ,'vras . not .theirs,'i was':' it j'-noty'uniPnisni x gono(:m ! ad?'' Moreover,: was it (? not) actu'ally-sug-. !gested:.'.that.l : :^_ , /.'other' 'Jiinions' '.'.lia'ndlin'g.' jcoal Cshbuld,: cpme* put?' 1 .. .:-Waß'[that";ndt' :tyranny? ~-Wliat had-the..otter; innocent, i jshould :; -be '.deprived; of a: necessary.'-,conir ';:!Wkat -of;ppor Mple /wlip would' tkis bo unablo to get :coal?.- The country, jhad. been mado a reproacll among tho nationsvbecause.'of^ ;-,tlie -refusal;'to allow' coal to bo-hewn and to go forth; .'The Government, had exercised all the. forbearance possible in '/attempting 'to af. range a settlement. .-The Act (Industrial' ;; ,the';Cber--' cion:Act, but. any kind of' Act-call it coercion- or. anything ; else—which -was. calculated to bring • about • peace was. to be' -welcomod,. : The: defendants had 1 proceed-: ;ed-in. defiance of...th'e law. "He had no ; doubt. tliat. in - their; private /, lives ' they' >ere'as good men as-could'•'be.. He sup-, -posed: that.! some .'might- say, it was -a -this the .defendants had ' been / guilty of a •breach/of'the .section of the . Act. in a .most, defiant. manner! He not: help idmifing/Mr./.'Bpwii'ng's ;'nßr|' tural . ability, whic}i' had .raised':him to a position of- .trust;:- but;, the ' information" had ;been proved against him and the defendants.-'' . ■ . - •': '.' ! ' was a: tearful ■ ; vleave-taking 'b'etween .the prisoners. and theif' wives.'. ' The . crowd, cheered the men . as' they left the Courtj . '. . : ~ .' .. . THE PREVIOUS SENTENCE. , COMMENT BY THE ACCUSED of 'oharges arising; out .-Vw-' bow \een rnth, by,:,the ;Industrial .Court' in -^w^hTVWes.-:.The first.,-set" S: charges, .under the. old a Industrial DisAct C -S 6 : more drastic I w 'tte Industrial, Heydon;'- ■ Fourteen mem--Ws. of .the daegate l»ard : of :thb Miners'--ha^nf'-iii str i ko ' 'of them were otL -P c « em ber: 30'tliey were .sentenced to (as far as..-the alternative' of, imprisonment "is ooncerned);, allowed /Zander . the :old Act: f ,ut % ®J«h )vas ;fined :£100,; in .'default T m^ llth! V.' imprisonment;! :|They v were to .pay' the. fine, .that is, till January 30. When the «5?- against-Mr i Bo wh ng; and his' three the Act (providing, a maximum of : twelve' months ./amnrisonment.'i.instead 'of' two months),•• Judge' Hey'don,"'. in, view-, ol his previous .association, with-ilr: : labour/inquiries,: preferred, not to .try'the case, so, Judge Kogers'presided/ The .members of tho, delegate-' board. Mnvioted.,on,'December-- 30, -were Daniel Bees,m./Parkes,^"Geo. Jjeilly, "John btenhouse. Eobert Young, ife iUttlobnt'/ David Williams; Frederick ' Watson; Thos. Pease, Wer;Sneadon, andi.Thos.' Prith,' ; : h, u dgo said the: men possessed the ~of' their, fellows.. : Their position was an honourable one,. but in ??<?„" ?^ thlß « kind «•""« tion.of the offence. rather .than a mitigafi 01 !' -'They'were accused: of - influencing their:. follows - against tho law,, and V, they could . not have done so if they were not men. whom- their fellows, trusted., They had used their qualities to,fight the com.! bring about a calamity ,to the country, and they could, notcnow. make a : ■poor r.ioath when the'facta. were broueht homo to them. . , , . . h Will the Thirteen Pay? After at fii-st refusing the Judge's offer ..Wwch to :,pay,- tho acousod cuanged tlieir minds and accepted it Under date of; December -30 the Newcastle; correspondent .of-/ ; "Tho •Sydney Morning: wrote: "The miners aro more ; ijerturbed, to-day/; than they have. l>een since tho strilce bonimenccu. ; '1 , 0 say/ that" the penalties: inflicted by Judge HeydonVon the members- of their Delegate; Board. in: the''lndustrial Court yesterday cdme as a surprise to -them - would be 'to understate their feelings. It came as-a (Kstihct and disturbing ?hock. ' Tlie most serious /penalty /they/, had /exjieoted in .their most pessimistio moments was a fine of aboat i!2O or two/weeks'.imprisonment./j ThSrfine: of .'£100: or/ two' month's' imprisonmeit; has dumbfounded them. • "When -Hie. proceedings, were first instituted : thoiVaconsed ■ men ,-loudly ; pro-Jessed^-their intention of. going to prison rather--than may, a fine, and -they confidently. looked forward to '.coming', out as"mar(yrs lo the cause in a. week's time, / To,"spend two months-in" prison,'

however,- is a different matter, and they, are not pleased with the prospect. The rest of the. miners; are ,almost hysteria cally- indignant, but as they are not directly concerned they. are. advising the oonvicted men. to/take, it out. 1 There is ®~ er s" probability, however, that a strong J! w >ll be, made to ;.find the money. Officials of the federation state that al-, ready a number of offers have'been re--5?l^ e ? .subscriptions towards paying haes, and one definite donation - of *50 lias promised. It is not likely that much mil be'done one way ; or the , otner for • a week or so,. and • if in the meantime .there is any prospect of the strike ; settled an : effort will - be made to-induce the Government to reduce, the fine. There is a- general feeling now amongst the more, sober-minded of the miners that, the thirteen men should not be allowed to go to gaol; but several of, those convicted that ; they' would rather, do .that than see .the 'wasted/; That would be. altogether, too great, a price to pay. for their liberty, and if it is .subscribed they w*ould rather, see it-go towards tho support of their families whilst they are gaol. 4 It ; is believed here that the other unions will come to the aid of the miners, in .the; paymentof the fines, levy- extent of striking a special "Brutal Laws." . ' Ail lt is interesting. to; note -what three of Jho • four stTike,leaders- now convicted on. the graver .charge said concerning thei sentences of December 30.' : Asked .for an : opinion, Mr!. : Bowling said that from what the judge said lie considered, the defendants: the. gwltifcst . of. the/guilty, so/far.as the-of-fence forwhich' they had been was concerned, .seeing .that they had been awarded the maximum! term of imprison-• lnent, as an alternative., As 'to' leniency being shown,, miners ; did. not, expect this :from one paid-:to, administer the brutal laws of ; a .brutal Government;.: They did not expeot/.consideration-under ' the ' circumstances. '; Kegarding-the. «CIOO. fine, it. may; just as well ,have been', ten-' times that: amount, :asithe authorities hid just as much chance,!of getting it.;lf the defendants deoided to go: to gaol, there were plenty more/men to. take: theii places. . '?' Mr;: J. Butler,, president. of.. the Coal-' .Inmpers'/:Union, /remarked ; that the severity of the .Sentences, would not have' ;the':-..effect .'o£:.i':breaking ; down -.trades .unionism, even'- if the authorities: thought it', would.- .. •' - Mr. • 1). Hutton, Korthern * delegate, thought tho fines would have the effect of putting .the men's babks up; The . men . sentenced I were.of:' irreproachable'charac...ter, and were , a .credit. to the: .workingclass movement. Apparently, character .did ..not- count';when men' honestly, stood for thoir class against. the real . lawbreakers. v- v-v-i-,'■ : "NOT GOOD CITIZENS." Commenting on tho sentences of Decern-' ber 30, the "Sydney. Morning:' Herald", says:.-"In delivering, .judgment:at .Newcastle 6n,VWednesday:,upon the . miners 'convicted of; aiding or promoting the. present .strike,' Judge "Heydon made-several points 1 ; which deserve notice. • , Wo- do not :think,;;hbwever,'--that. :his. acceptance - of. the: personal: character : of : the defendants' Vriecd; have . ;b«n - emphasised , .bo ,;;much. /Therehas: • been':' little -or V'no' disposition anywhere t6;. ; impum ; the probity- or per-isonal-ihohonr: .of; the, strike : leaders,-:' and the Judgo." simply said: several -times: what the' Community-, has accepted -. without, question. ;.This,'does: not. deny i the' force' of the general; argument, though it raises bne phase.-'of ;it -into Special:: prominence. ;It still. remains: true-that mon;,of established (character.-who refuse to.recognise. tho-law; cannot be .considered good'citizens, .and that any general denial of the. rights and powers-: of- Parliament -must land'' usv sooner or : later into civil : war,, and-.the -excessesjof aiiarohy. .'Judge, Hey:, don cannot 1 be charged with takihg ; a. : ohe-1 -sided-view;'.in this matter;v'He. must: vin-' dicate-J'the.' law,.; ; or close his court. Law: not .Autocratic. ■/ ' "It has been decided by Parliament, with , all ; .parties ; : dgreed upon: the ;main' principle, ./.that/' strikes- are against; the true ■ interests -of the 'State, I '.' and-' consequently : - they: have beSn' declared; illegal.' This has .not been an autocratic ,-demonstration l ofv.the majority's strong, 'armi against the minority's ..-weak/'one.; /Muct.'difference, of ■: opinion •''.'existed, .no donbt/'upon the: details of tho. legislation trhen -:the/.'ln'dustriai; : Disputesv Act ■passed'; 1 but 'the Government-went ont of its': way .'to' meet, objections,-■ and practically: recast its .measure to .enable 1 th'e ; Op■.position,,:to - support; . its| ' essential'..provisions.:.; The . law: prohibiting strikes /is, .therefore, a.'thoroughly matured piece of. ,legislation r ahd : : .it; .was tho outcome, 'morbover,' 1 of'a direct ' appeal.'.to the - electors of .the State; No one can say that Judge .Heydon - r has: been, asked;',to : interpret .'and: administer a' statute passed by •brute; fprco',:in; a Parliament that; did.not fairly.: reflect -the mind ,'of the /people. The industrial Dispute's,Act;:?umds,- ; for;a;de- : finite, and deliberate • mandate from'.the, people, ! and:if: its, validity., or- value.'is, to' .be- impugned ,' ; the.:-whole/Constitution,' of. the', State';may.:as,,weU{be;thi:own over-; board. ':-i ,;,'.0 ;r -:U A Matter of Loyalty. i;, .The .sinister thing about the /present strike is the inability or invincible dislike ■ of men. of good, character-'to .realise -the ' gravity of the' situation they/have' created Judge/Heydon Very: properly -,laid; stress upon" tho danger of a course which challenges the first . principles : of democratic' rule;' and : this vis the : more to be emphasised • because ; the miners .in - Tesponsiblo positions have,: become members: of - ■ a.'.body-w'hpse-glory 'it is^'.'.to- submit, personal feelirig-.to, the rule of the. majority. I Tho. trades . unionist, boasts,of. Jiis loyalty. ;He honours the vote of' the . majority : by an otxxiienco,. which . may ■' threaten tho . vory. existe'nce'of :his 'wife' and tohildren,. and even - when - he/is - one: of: a' minority which i 6 convinced tlmt it has right and truth on its side he is,still.the servant; :of'his .union.; -Tet when the samo loyalty is demanded of; Kim ,'by the State we'find a' crisis' ;,crea.te<l which 'has,:thrown, the' coal industry into confusion and incipient ruin,and rwhioh: threatens, the, livelihood. of many, tliousands of fellow-workers who are perfectly; satisfied/ to; abide by./.the la^.}-:;: v ; f /-/,,;-.'.///'.y'.:/:,'; The Union or the State? : - "We aro thus-'brought face .to . face with' a'idifect issue; ;Is. it .to -bethe .union or- : the State? There is plenty !of"rpom .for ;bothj and /we believe' 'that', a .majority of :loyai; unionists -would: show 'by . their. :,vote: that'they,thought, so,: if. they .had tho chance. ;But ,unfortunately the .strike, leaders. will' not ; try .majority rule, and the rank: and, file still ..submit to them. Judge Heydon .oould/dp.no/other than he did.,,,-,lf th«i law is-to/be worth;■ anything : it in list-bo treated as ail expression of-, the people's .rail and be enforced; - There can be no compromise on suoh a quest-ion, and 1 it remains to be seen how iuuoh;. longer the. thoughtful .and/liberty-loving: section of miners will submit/to the yoke of the revolutionary minority."- '•:•'■ '//''/;.'/; : ',-./ OBSTRUCTIVE MINERS GO TO i GAOL.. • POSITION: IN TEE. SOUTH.. . ;"/ , Sydney, January 27. ' Eight .miners,, for; obstructing a ■ carter, at; the 'Whitburn : colliery, in ; the .North-J yrri .District,' have,beeni, sent;,to ;gaol for periods ranging . from tvrentj;-foiir,. ,days. ~o three-months. ;; /.. , •\A , meeting' of the , delegates of': tli'Southern'; .collieries decided by a , small majority - against' ...resumption - of work, but expressed the opinion that if: an interim award' of the Wagos Board were made : there .would; be a; possibility,' of the men, going back.