SEAMEN'S FACTIONS.

Dominion, Volume 7, Issue 2135, 29 April 1914, Page 3

SEAMEN'S FACTIONS.

COURT'S DECISION.

WELLINGTON CAN ACT ALONE,

IN ELECTINC OFFICERS, | Judgment was delivered by iiis Honour tho Chief Justice (Sir β-obeit Stout) yostorduy on the originating sunuitoiiis incorporating five questions dealing with ■ the constitution and powers of tho Wellington section of tlit: Australasian l'ed-' crated Seamen's Industrial Association of Workers, a trade uuion registered umtov the Industrial Conciliation awl Arbitration Act, 1908. -. The Five Questbns, These five questions were put forward for consideration and decision by tho Court was as follow:— (a) Whether tlie present members of the Wellington section are still to be deemed to bo in office, and to liavo tho power and authority appertaining to their respective offices P (b) Wiiothcr vacancies lisvo arisen in such offices which can bo filled .in manner provided' by ltnle 18 of the rules of such section? (c) Is the Wellington section under an obligation to 0k , ;," tiio executive couiscil s>et up by the rules of the Now Zealand branch of the Austra-. laf-ian Federnteil Industrial Association of Workers, or any substitute provided for -sucii executive council by such rules? (d) Notwithstanding that the date fixed by .flulo 9 of tho rules of tho Wellington section for this election cf offleurs of such section lias passed, ean an election of officers 1«s How proceeded with under such rule? (o) If the secretary of the. Dmrc-:lin section of the federation refuses to prepare uiid furnish to the Wolling* ton section a euflicieut ininibcr of liallot papers, as provided by subsection (5) of Hole 1 1 , tho rules 1 of the Wellington sectwn, can the escentivo of sitel) section issue such papers and logally hold an , election?

Hts Hohour oh the Facts, Traversing the facts of the matter, his Honour observed that the anion had bwn registered, and, along with it, there hail also been rejiisterc-rt a trade union in Duncdhi, and <jiic in Auckland, all tlirco being registered a« sections <jf the- Australasian Federated Seamen's Industrial Association of Workers, There \vas also registered-an industrial asso* ciatioit tailed the New Zealand branch tit the Australasian Federated Seamen's Industrial Association of Workers. The registration of these'' three sections or unions was. however, cancelled some years ago._ However, two of the tuiions wore again registered—tho Auckland section in December, 1913, imd the Wellington section in January, 1914. TheOanodin section had not been registered, and the New Zealand Association had Mot be?n registered. The provision as ie> registration was that any society, consisting of not loss than fifteen persons in the case of workers, might be registered. The application had to be made by two or more officers of the society, and the two plaintiffs (Jjoitig officers of the Wellington. Society) applied for registration, and,'the society was registered. The provision in the rules was that the officers weer to be nominated in December in each year, and elected in February, The time for election tit* officers Itnd not, therefor*-, arrived. As the existence of tho society and its (ifficom had bioeu r<?soj!iusotl, -could tlio oafice-rs continue its snc}i until tiro election iu Vehn.avy- r His Honour was of opinion that thej;' could.

Unity riot yet. Eaectivo. ; Hie Honour continued as follows:— "The qiiostions raised iu paragraphs (b) iiiid (cj of the suii.iHi.ous coilconi tlio attitude that the Wellington section,.-has to assume ki-.vards what in tho rirfes is callwl 'the executive council of ihe New Zealand branch of tlio Australasian Vm\orated Seamen's Industrial Association of Work-ore.' This Now Zealand branch vas, by virtue of tho cancellation of its registration, dissolved, ami heuco 'no ionger exists. Jhilo 1 of 1-ho' Wellington section points out what the objects of the Wellington section are. They are, inter alia, *to eiffiect- unity between tinvarious sections and becomo part of a Now Zealand Federation or Iridnstrial Association.' It will be jioticccl that tho indefinite ai'ticlo 'a' is nsed, elcarly implying that there was tiisn no Now Zealand Fetleration in existence. If there had been, tho definite article 't-lie' would, have- been used. It is dear that unity has not yet been effected. First, the. Dimecim section lias not been register-: Bf!, ti.ud, sewMidly, the New Zealand branch lias not been registered, Ifc has not been incorporated.

Separate FacttOßs'make Rules inoperative. "There is, tliorefore," liis Boneur proceeded, "at present no incorporation known as a, Now Zealand, Federation or Industrial Association such as the rules contemplated. Coiisctjueuily, many of Urn jnwisions in flic rules of tho WeiInigtbir section cannot come into opera.vim.. Take for exrtlnple littles 9 and 18.\ lliilo 9, sub-section (2). provides: "AH 'tlic members of cash section of the. federation shall bo entitled to noiJiinat* candidates for the-various offices of each and every section, and io vote for the election of such candidates.' But uj> to tiio jiroscHt t!i(» federation lias Hot ficon e»nsiiumiat«L Subjection 3 of t]>e samo rulo provides for fonvanling the noniunitious to tlto isead oflicis of the Now Zealand Fetlevittion at Hiincdiii-, but as yet- there is no New felaml federation in Dunodin or elsewhere, and ilteu in sub-iwctioii 63} .... thero is a provision for the secretary of the Jicnd offif-o of the federation preparing ballot papers, etc.

Tfte Court's De&iSron. "These rules are iiK>i>erative because there has not- yet betn consummated a Nw Zealand Federation. In" my opwioH, therefore, the questions arc to bo aiistvCTcd as follows; — (b) A vacancy tan bn filler! as is provided by ltiile 18, but ratification is unnecessary as there is ho executive council of a federation yet created to ratify, (c) Tho Wellington Council cannot obey a council tTiafc is not in existence. (d) An election can be proceeded with, ns provided for by Itule 9 5 in tho coming Dec-ember and Fobs-nary. (e) Tho answer is 'Yes,' for, again I rep-eat, tho Now Zofthmd KeUMatioii contemplated by i'ko rules has ■ jiot jet- boeii created." Ea-qli pavty was ordered to pay its own cost*. The proceedings ''cw instituted by Dssiicl Donovan airf' William Thomas VouHg, president and secretary of thn Wellington section of the New Zenkjid branch of tlw Aiistralusian Fwleratcd fioamrn's Indiißtrial Assnciation of WorJsors. as plaintiffs, and tho defci)dmits were Mnrdock St'KeliuM , and Williiiin Belcher, piwidout and secretary of li',o ]>iuw"itin Noclii'ii, iiud Adam Nixon and Joins K. Knroii, pwsidfrut. and werotsiry of the Auckland sept-ion. Sif .rofln'P'indlay, K.C., with him JSfr. 0. Sluiit. tippoared for tln> piaiiitiffn, and Mr. A. \Y. Blair for llio tld'ciidnnt.s.