POLICE CONTROL.

Dominion, Volume 6, Issue 1797, 9 July 1913, Page 4

POLICE CONTROL.

CONSTABLE SMYTH & OTHERS.

DISCIPLINE UPHELD.

PLAIN STATEMENT BY THE HON. A. L. HERDMAN.

In the House of Representatives yesterday Mr. ]}, P. Lee (Oamaru) asked the Minister for Justice on what grounds Constable Smyth was dismissed from the police force, and, further, whether ho was one of the officers who appeared before the Minister in Auckland, and if so, whether his conduct on that occasion led in any way to his dismissal?

The lion. A. L. Herdnmn said that he was very glad to have an opportunity of answering this question. Constablo Smyth did not appear at the meeting of police held at Auckland when he (the Minister) asked them to state their grievances. In certain Opposition papers a statement had been published which purported to come from a. member of tho Police Association at Auckland and was to tho effect that the Minister had invited the men at Auckland to freely state their grievances, assuring them that no man would suffer for doing so. The men who availed themselves most freely of this invitation, it was asserted, were Constables Smyth, Baker, and Bruton. Very shortly afterwards, the published account continued, Constablo Smyth was transferred to Greymouth, and everyone what happened to him down there. ■ It was further alleged that Constablo Smyth, though ho had undoubtedly been guilty of an offenco against tho regulations,. had been punished with unprecedented severity.

I Statements Contradicted. This published statement, the Minister continued, was a misrepresentation from beginning to end. At onyrate, it contained two statements which were unquestionably untrue. When he went to Auckland and interviewed the police, Constable Smyth was at tho tirno in Gre.vniouth and performing police duty there. It was also incorrect to state that 110 other man had been dismissed from the force for such a breach of the regulations us Constable Smyth had been guilty of. Sergeant Ramsay had been so dismissed and tho Commissioner of Police informed him that there had been another instance. Members of the police force had been dismissed for exactly the same offences as Constable Smyth had been dismissed for. This man was first appointed to the police force on July 11, 1912, just one year ago. On January 28, 1913, ho was sent to Dunediu. On March 31, 1913, he was transferred, at his own request, to Auckland. Ho was transferred to Greymouth on May 5, and dismissed from the policd force on June H this year. "I arrived in Auckland on May 8," said the Minister. "I met the police there on May 12. Smyth was instructed to leave on April 30, and arrived in Greymoutli on May 5. He had been doing police duty in Greymoutli for a week when I interviewed the police at Auckland." Though the constable had' been sent to Greymoutli, the Minister continued, he had not suffered in any way in his positionthere was 110 difference made ill his rank, status or pay. In the interests of tho police it was considered desirable that he should be transferred from that part of the colony where ho was most actively engaged in the formation of tho association. Smyth admitted to Sergeant Eraser that ho had asked to bo transferred from Dunedin to Auckland so that he might take active steps' to bring about the union. A rojwrt from Sergeant Eraser detailed a conversation with Smyth about tho association and tho meeting held; But what happened at Greymoutli ? There he was specially instructed by tho inspector to watch certain timber lying upon tho wharf, as complaints had been made by merchants about the disappearance of this timber. Smyth was further instructed to report himself to the senior 'sergeant at his residence at five o'clock in the morning.

An Early-Morning Episode. file sergeant bad some suspicion about the way Smyth or someoiio else ivrts performing his duly, and one morning ho got out of his bed at 3.30 and went to the police station, where ho found the doors locked. He entered the watchhouse, and lo and behold there was Smyth with a big lire going, and his washing in front of it. Instead' of performing his duties until 5 a.m., he was basking in the luxury Of a fire at 3.50 a.m. But that was not ull. It was the duly of the constable to enter in.a book the time he left' duty. When the sergeant arrived, ho found that Smyth had inserted a' record in tho book that he had hot left, duty till five o'clock. Her© were two. distinct breaches of the regulations committed by that man. That .was tlio 'point he wimted to make perfectly clear. The matter'was inquired into by the local inspector, and when Smyth whs colled upon for nn explanation, he first stated that he had no watch, and did not know tho time, and he thought it was five o'clock. The answer to that was that thero was. a town clock, which could be heard from tho wharf. In tho walch-houso itself, above tho mantelpiece, was a clock, which gave the time. Tho position was a ridiculous one. There was no possible excuse for the false entry in the watch-house book. Not only did the man break tho regulations, but lie told an untruth when the inquiry was being made. Now the wholo question was, was such a man to be kept in the force? Voices: No! Sir. Herdman: If you desire to liavo conscientious men to discharge their duties, then it is high time ,that men of his character should leave the force. An Official Report. Mr. Herdman proceeded to read a report from the Commissioner of Police upon Smyth. This said, that tho first time suspicion was aroused in the Commissioner's mind as to Smyth's fitness for tho force, was when he put in a claim of «£5 10s. for a suit of clothes damaged in securing evidence against.bookmakers. 'Hie next was when ho did not pay his moss debts at Dunedin, and would not pay till ho was forced to do so. Ho had deliberately asked to be transferred to Auckland for tho purpose of forming tho association. When tho Commissioner held a meeting in Auckland, Smyth was eo insolent that the official reporter expressed his surprise to tho Commissioner at his (the Commissioner's) forbearance. Case of Constable Baker, Tho Minister then referred to the case of Constable Baker, who was recently transferred from Auckland to Gisborne. Constable, Baker had stated that when ho (tho Minister) met tho police in Auckland he had said: "Upon my honour, you shall not be victimised on account of any statements made." What ho had told tho men was that they could speak with perfect freedom. He had never used the expression attributed to hint by Constable Baker. His private secretary had taken a shorthand note of what he said, and the record contained no such statement. Ho had also told the men that no police-association on union lines, such as was being promoted, must be formed. In defiance of this instruction, • however, Baker and one or two other men persisted in taking an active part in tho formation of the union. Tho Commissioner thought, and he (the Minister) -agreed with him, thnt it was desirablo that Constable Baker, should be transferred to Uisborne. The constable suffered no loss of status through tho tralisfei. What happened, then? Constable Baker wrote to him (Mr. Herdman), nsking to be reinstated, anil he had the impertinence to say that lie (the Minister) had promised "upon hia honour" that ho would not be victimised. The constable had also, it appeared, handed a copy of the letter to a newspaper. Was this sort of thing going to be tolerated in the force? How could they protect the interests ol' the community and maintain discipline if they permitted constables to act as Constable Baker had acted? The Government was perfectly clear and determined that it was not in'the interests of tho community that the police should be allowed to form an association such as that which was being formed, A voice: Why not? Mr. '.Herdman: Because it is subversive of discipline, and because it is contrary to the regulations which from time immemorial have existed in all police forces throughout the British Dominions. Tho Minister quoted rule No. 174 of tho new regulations, which reads as - folloji'si—"Every reasonable consideration

shall l)o givon to complaints or represen- ! tutions from members of tho force, but combinations shall bo severely dealt with as U'inj,' subversive of discipline." Tho Hon. F. M. B. Fisher: When was that regulation made? Mr. Herdiusm: It was made this year. An Impossible Proposal. Mr. Hordnian said that the regulation was taken from the regulations of what was undoubtedly one of the finest police forces in tho world—tho l?oyal Irish Constabulary. Every police force'in time of difficulty must be under the control of the Crown. (Hear, Hear.) Just imagine such a condition of affairs as obtained at Waihi and the police under the control of a man iiko Mr. Rosser, a mail who waved the l?ed Flag at the time of the tramway strike in Auckland! llow were they going to keep order if the police were to be subject to tho dictation of Mr. Rosser? Mr. Herdman said that a provision similar to tho present one had been in forco under the old regulations. It read: "As a general rule, any petition signed by members or combinations for any purpose will subject the parties to punishment or dismissal." This had been in force since 1889. Mr. Witty: What about tho '93 regulation which permits the men to join an association? Mr. Herdman: lam very much' obliged for tho reminder. That regulation was in force, and tho Government has no objection to members of tho police forco becoming members of a Public Servico Association. A Public Service Association is ono which is managed and controlled by competent public servants, and we have no objection to tho police, if they desiro it, becoming members of such an association. But wo cannot, wo daro not, tolerate the police becoming members of any organisation which is controlled by any Labour leader. It could not. he done without risk to the State, and danger to the country. In response to a question from Mr. Young, about the rights of police to appeal when members of a public association, Mr. Herdman said that later on a Bill would be introduced containing several matters which, ho thought, would improve the condition of the police force. It was not desirable at the present time to go into further details, but tho point raised would receive every consideration.