THAT £100 STRIKE GIFT.

Dominion, Volume 7, Issue 1931, 13 December 1913, Page 6

THAT £100 STRIKE GIFT.

DECLARED ILLEGAL.

COURT BLOCKS THE GRANT.

THE SPHERE OF UNIONS,

NOT BENEVOLENT BODIES

Tlic question whether a. union registered under the Arbitration Act canlegally voto money for the benefit of the wives and children of strikers who aro neither engaged in the trade followed by the union in question', nor engaged in an occupation closely related to it, -was decided by tho Supremo ffaurt -.yesterday. The judgment is to the effect .that unions have not the right to uso their funds in tho way indicated.. Tli° case arose from tho action of tho Wellington Typographical Union in voting £100 to aid the dependents of strikers. It was argued before His Honour the Chief Justice (Sir Robert Stout) and His Honour -Mr. Justice Chapman on Wednesday. During tho course of tho hearing Mr. D. M, Findley, who appeared for tho secretary of the Typographical Union (J. W. p. M'Dongall) stated that the decision of tho question would affect all New Zealand industrial unions, as it had hitherto been the practice of unions to make such votes unquestioned. The Waterside Workers' Union was represented at tho hearing hy Mr. P. J. O'Regan. Tho \ Solicitor-General (Mr. J. W. Salmond) appeared for tho Attornoj--Gcneral.

• Sir Robert Stout's Judgment. In his judgment His Honour the Chief Justice stated that tho main question was whether a union which was registered under the Industrial Conciliation and Arbitration Act of 1908 (as amended), and not under the Trades Union Act of the same year, could give part of its funds for* the assistance of strikers who were not in any sense co-workers in tho same in> dustry. Quoting from the rtiles of the union, he showed that tho objects of tilebody were set out as follows:— "To maintain a minimum rat® of wages for stab work and a uniform scale of chargcs for picoo work; to

regulate the employment of apprentices and turnovers; to settle disputes (amicably where jiraeticable) between members of tlio union and their employ* ersj.to assist members unemployed, and also members leaving the city; to support schemes calculated to . benefit tlio trade morally, socially, and intellectually; to assist other workers in difficulties." The provision for co-workers is made in the following rule; — . . Should a general or special meeting of tlio union decide to assist co-workers engaged in a strike or lockcut, or any movement haviifg for. its object tho advancement of its members or that of co-workers, a ballot shall bo taken." Much reliance, His Honour noted, had boon placcd on the paragraph which permitted "any other matter not contrary to law" being insert* ed into the rules of the union. Tho statute, however, bad to bo remembered, and its title explained it as an Act to consolidate certain enactments of tho general assembly relating to the settle* niont of industrial disputes by conciliation and arbitration". Tho permissible objects of unions wishing to register under tho Act wore set out, and shown to confer the right to register upon bodies lawfully associated for the purpose of protecting or furthering tlie interests of employers or workers in, or in connection with,_ any specified industry, or industries, in Now Zealand.

Not a Benevolent Society. His Honour said, therefore, that the union must be for tho purpose of protecting or furthering tho interests of workers in connection with tho special industry of printing. "It is not," iio added, proceed- 1 ing to expand this point, "a general benevolent socicty, and it is not formed for tho purpose of aiding workers in other industries. It ■ may bo that it could assist even ■ tiioso 011 strike if tliey wore printers or engaged in soino branch of ■ the printing industry's Rule 15 provides, but, in my opinion, there being nothing in tho statute enabling a. union to assist workers on strike at all events outside the industry to which the members of the union bolong, it cannot be implied that it has that power." The Osborns Case. At this stage His Honour turned to tho famous Osborno judgment, and quoted tho following words of Lord Macnaughten in deciding that action:— "It is a broad and general principle that companies incorporated by statu to for special purposes, and societies, whether incorporated or. not which owo their constitution and their status to an Act of Parliament, having their objects and powers defined thereby, cannot apply their funds to any purpose foreign to the purposes for which tliey ■ were established, or embark on any undertaking in which tlrey woro notintended by Parliament to l>o concerned." "It is- Not Lawful." Proceeding to his conclusion tho Chief Justice said that it was plain that what was suggested could be done by- the

j union was - beyond its powers. He dcI eided: ! 1 "(a) It is'not lawful for the defendant union to apply any of its funds for tho purpose of assisting tho unions mentioned in tho proceedings or ; : r :.. thoir dependents while the members I'-yvol tlioso unions are engaged in a strike. • ■ ■'■■■ .''tb) Tiuv union I cannot make levies on members for-that purpose." ; Mr,.. Justice Chapman : Concurs. His Honour Sir. Justice Chapman *xpressed agreement with the judgment' of the .Chief Justice'.He said:, '7-think that the plain meaning of Section u of the Statute ; confines tiio operations.- <if un.industrial union to protecting.or furthering" the interests of workers' in or in connection with.itho..specified - industry to which the' Constitution .of the union'..relates. Any object set out in [ its .'rules must appear*,to have this effect .; it is not.enough, that one mav be ahSo to speculators ; . to'whether an" act beneficial .to.. persons interested in unrelated; trades'may 1 not in soma way at some later date.bring back advantages to the union doing that act..." No other section of the Statute - appears to me to throw any further light on this question.' -The titlo and tho general scope or purpose. of tho Act raiso a : question as to whether in-any case it is lawful for such a union . to aid ■ a strike." ■ Further, His Honour said: "The par-, ties who drew up and adopted t*"eso rules <lo not appear to mo even to have contemplated doing anything beyond aiding other kindred unions. Rule 15 admits of the union devoting its funds to an object aualagous to that here contemplated when the union decides 'to assist co-workers engaged in a strike or lock-nut,, or any. movement having fnr its object the advancement of '. its members or that of co-workers.' . I agree that the expression 'co-worker'-should be_ interpreted liberally, but I do not think that unions, or members of anions, entirely unconnected with this industry were in the' Contemplation of the framers.V

DAY'S WORK AT LYTTELTON. : SAILINGS & ARRIVALS;' (By TeleirraDli.—Press Asswiation.) ChristcKureh, December 12. After continuing for two (lays the rain gave way atlyttcllon this'morning to sunshine, and the port resumed its activc appearance again. Every vessel in port with the exception of th'o Karanui, ivhich has finished iiiß, was loading and 'unloading cargo

[ expeditiously to enable it' to make ntw for time lost- yesterday. The Qpouri. . from limaru, arrived at G. 50 a.m.. and will sail this evening for Wellington and Now Plymouth. Late- to-night or early to-morrow morning the steamer John will arrivo from tlio south to load for Wellington and Wanganui, for which ports slio will sail to-morrow afternoon. Other departures to-day will be the Putcena, which arrived this morning, on her return to Wellington. The Cygnet, Svhich replenished l.er bunkers from the John Anderson,, this morning, is taking a full cargo to Kaikouru. J'ho I'oheru.a will sail far Dunedin and tho Ifairaki for Foxtail and Now Plymouth. The last-named vc-ssal was to have made the trip to and from Kaiapoi before sailing for northern ]»rts, but, on account" of the time lost yesterday as the result of rain, this was abandoned. Shortly after seven o'clock this morning the' Shaw, Savill and Albion liner Ararra was towed through tlio Moles and safely bsrthed. Tho liner has about 2000 tons of cargo from London to discharge, and will subsequently load for the Homo port. The turret Norwegian steamer Titania is expected to complete discharge of tho lytteltoiu port-ion of her cargo of hard- • wood from Bunbury to-morrow. She will then sail for Dunedin to complete. Tho other Norwegian steamer Hercules is also discharging timber, and 1 is not expected to sail until the . end of next week. Everything is quiet in . Christchlirch. -

OPENING OP PORT CHALMERS XEW WORKERS BEOIX.-, -i {By Telceranli.—Pres3' Association.) Dsmedilli December 12.' " Thero are now about- 230 nion at work on tho wharves.'■■■'. The Kittawa completed discharge of 600 tons of sugar this afternoon, and after, taking in ISOO tons of cargo will sail to-morrow afternoon for tile' north. The Wanaka completed discharge to-day, and when the Kittawa leaves, she', will tako in 1500 or HiOO.tons of general cargo for the Bluff and northern ports.: The JJarere has completed unloading, and .will leave for Newcastle to-morrow. About 200 tons of ; cnrgo were taken out of the. Sturmfels to-day, and she should .complete discharge c-arly next week and sail for Australian ports. Tiro Turakinst will probably sail for Ly Helton early next week to put out the balance of her cargo. The. Poherua is' due tomorrow with' about 1000 tons of genoral cargo, and tho l'ukaki is expected on Sunday with 600 or 700 tons. The Kaipara, which is due next. Friday, will be worked at Port Chalmers, steps having been taken to open pm-t by then. At Port Chalmers this morning free labour started to deal wiih tlax and other material which has accumulated and ' caused'- a congestion. ■ Tho sheds will be made ready for the reception and dumping of .the season's wool. The foreman said .' at noon that the fresh hands had done 100 per cent, bettor than was anticipated. More men woro wanted, and no difficulty was anticipated in getting them. . The usual., activity would soon be restored. ...