STRIKE PRISONERS.

Dominion, Volume 7, Issue 2202, 15 July 1914, Page 11

STRIKE PRISONERS.

ANOTHER APPEAL FOR RELEASE. MR HERDMAN'S REPLY. . Another plea for the'rolease of prisoners serving sentences' for ' oifciices committed.'during ,'tho. strike disoi'do/s was mado-to tii©- Minister of Justic.o' (tho Hon." A. L. licrdman) yesterday by a. deputation. representing the .'Labour Congress. Mr. ,-J". •-. Robertson,' M.P.,-introduced tho deputation. 'Mr...' D:' Moriarty ' urged'./'that the' strike disorders wero all- over- ani: they considered that the timo' had arrived when the prisoners should bo released/They wore not' satisfied witli' tho "parrot cry" of the Prime Minister, if they might call it sucli, that tho Government could liot interfero with the decisions of,the, law courts. ■He pointed .out that a few, months.ago a wool merchant," for language that was described in very strong terms by the Magistrate, was sentenced to three months' imprisonment and that this mail had been.' released after serving about half cf his sentence. He contended, therefore, that a precedent for the remission of-a sentence had been .-established, and he , suggested • that the Government would not care to have' it go forth that there was one la\v for tho rich- and 'another for the poor. Mr. Arthur Ro'sser pointed out that in other countries,-notably in tho cases of Larkui in Ireland arid-Tom Mann in. Australia, the Government had remitted sentences. The Hoh. A. L. Herdniah said it was true that •remissions' of sentences had been made in''other-countries; and it was truothat'reiiiission'B.had;been made in New Zealand, but in his, experience thoy had been mado in Now 'Zealand" only oii the recommendation .of the Judge or Magistrate. The course that the Justice Department usually followed, when a petition for a remission of a senton ce was received 'Wa-s to refer it to the Judge who imposed the sen-, tence. The Judge then reported to the' Department on'/.the -case, ■ and' if the Judge thought there should , be . tin alteration, the Government .were' advised to- make.-it."'Remission's, of sen'-' tence had .also.been made in cases of. men sent to tree-planting camps, whose.' conduct there had been . exceptionally good. In the cases immediately under consideration, he, did not .'think he could hold ; out. any-'hope for .the remission•of any. of the '' ;sentenc6s.'. 'Only a few months had v elapsed since fh© Chief, Justice: had' passed sentence on these men, and it would' bo making a travesty of the'administration of justice were the Government; to make any remission of tho sentences.. Nothiiig.had come under, the notice of-tho Government, to lead them to suppose that the sentences imposed by - the-'. Courts were unusually -.6evere. .' All.'the circumstances wero before the"Judge' at,'the ..time, and it could be . presumed that the Judge believed at the time that.the sentence he was' imposing in every case was ,a. fair and . reasonable one. It would be impossible for the Government to interfere. ';.- -;Mr. Moriart.y ; :'. Who interfered.in the case of tlie'wool; merchant? ■ Mr. Herdman said that in this case a petition was presented to Parliament, and a-.Parliamentary- Committee .recommended ithat the sentenco-be-shortened; He thought that the ;<xiriimitt6e' "had come- to ; this .decision in cortain special circumstances.;/.; ■ . .._ ■ Mr.'Robertson stated"that the special . circumstances of tho case, were that 'be:' ing detained'iii prison- tb'e man.Was ptii; Under a- :heavy penalty i iii ibeing ' keptaway from tho wool sales for tho wlioll f reasonMr. Ilordman:. And apart altogether ' froth-,:tho-recomrtiendation'of the Petk tionS;Committee there was' a; recommeh., diitioh.from the Department.; However, , that does not' matter a bit. The strike c4ses;ar.e,in an entirely difieront position:' i';'Mr.;Mofiarty: Why,' sir,'if :ai petitionis presented ? : : •.' '-' Mr.- j-Hordman said- that-, mo petition, had been'-presented. but ho could'make' •no promise as to what the Government would do in tlte event of one commg'. forward. .The matter would be referred to tlio,Judge in the usual way; and tho Government would be guidedill' dealing,..withvthe case by what the' Judge said. Mr.. J. r M'Combs, M.P., suggested that Mr. Herdman. refer this matter to' the Judge at once, ■ without-waiting for d'petition. .., ■"'Mr. Herdniah said he would make no promise to do so. but ho would'give tho request consideration.