WATERSIDERS IN COURT

Dominion, Volume 10, Issue 3030, 17 March 1917, Page 15

WATERSIDERS IN COURT

BURTON BLOCK TROUBLE ' * COAL WORKERS CHARGED UNDER WAR REGULATIONS 1 INFORMATION DISMISSED

The trial of the cases in which several waterside workers are charged with a breach of the War Regulations 'Act' was commenced in the Magistrate's Court yesterday. ; The charges arose out of certain incidents on the wharf on February 15 and .16, when the handling of coal into the s.s. Maori and out of the s:s. Kittawa was interrupted. The first case heard was that of Thomas Reynolds, charged that on, February 16, 1917; he'"di'd an.act intended to delay the proper dispatch,ef j the steamship Maori from the. port of"Wellington, to wit the act of refusing | in breach of the agreement entered into by him to load the said vessel with bunker coal, contrary to clauso 15 of Regulations made on February 9, 1917, under the War Regulations Amend-

went Act." Mr. L. G. Reid, S.M., was on the Bench. . Mr. P. S. K. Macassoy appeared for the Crown, and Mr. H. V. O'Leary for tho defendant. The Crown Case. Mr. Macassoy, opening the case for the prosecution,- said there were fourteen informations altogether against the men separately, and there was also an information against tho whole body of tho men, charging them with conspiracy. He proposed to take tho case against Reynolds first, and to 'take together all tho other cases against men in tho gang working the Maori. Rogulatidns had been made

for the purpose of compelling men who | wore disinclined to do their fair share | o{ work in war timo to go on working with proper diligence. It was very much to bo regretted that there wore men in the country who were not loyal to tlio Crown, and who, by perpetual niischief-inaking wcro doing their best to bring Now Zealand into discredit. The Government was determined that work on tho wharves should go on, and it was of tho.utmost importance not only that overseas shipping should not ho delayed, hut that local shipping should not ho delayed because delays of local_ shipping meant delays of oversea shipping. _ On the wharves and in the coal mines there was adopted a practico known as "going slow on tho job." This was one of tho methods of the 1.W.W., of which tho people of Australia had had Rome experionco, and the Government was dotennined to put down this practice. It was notorious that the coalminers and the wharf labourers had adopted tho practice, which was a wrong and a dishonest practico. He believed, however, that there were on the waterside a very large majority of workers who were absolutely honest

men, who wcro quite prepared to do a fair day's work for a fair day's pay. But there was a small minority who wero adopting the methods of tho I.W.W. A Final Warning. These proceedings wero taken as a final warning. Tho Government was determined that the War Regulations should not be treated as so much waste paper. There was power to warn these men off the wharf, and he warned them that if they continued these practices thoy would be warned off tha wharves, and if thoy came on to the wharves again they would be liablo to imprisonment for twelve months. (The Crown had power to havo all tho

present defendants arrested, oven without warrant, but it was recognised that probably these defendants had been, misled by other men—by men ,wh6 ; 'kept out of view, men who kept behind to save their own skins. If these practices wore continued, then men would bo arrested without warrant, and the Crown would use all possible means to see that the regulations wero observed.

Outline of Facts as Alleged. Regarding tho present case, fourteen | of these men. were engaged by Mr. Churchill, foreman for tho Union Company, to work the hulk Ganymede, aud to put coal into the Maori. The men wore engaged at 8 o'clock, and they went to tho hulk. At 8.50 they objected to go on working with the Burton block alleging that it was dangerous. •■ This tackle had been in use for many years for tho moving of coal, but there wcro only two hulks in Wellington in which Burton gears v;ero used. It was suggested for the prosecution that the men's complaint that tho gear was dangerous was a mere'pretence. No complaints of the kind had over been made before. Mr. Churchill's statement was that he asked the men if they were going to work with the Burton block, announcing that if they did not go on with Burton gear work would have to cease. Defendant Reynolds said that, speaking for himself, he was not'going to work with the Burton block. Churchill said that it was "no good" for one man to speak for tho lot, and that every man could speak for himself. Churchill put tho question .to 1 all the men, and they answered in chorus "No." It might be suggested later that . some of these men did not intond to strike, hut . tho n'idence was that the fourteen men were all standing together. If ihe shovellers only had.refused to vork, it would still bavo been open to ;he others to remain on the job, but ill the men walked off the ship. Tho nen had entered, into a contract to put :oal from the hulk Ganymede into tho ;.s. Maori; they wero engaged in the irdinary way; thoy went on to tho mlk and entered upon their duties; uid they later refused to go on with his work. This act of refusal to work ras an act which the Crown alleged ras an offonco under the War Regulaions Act.

Mr. Macassoy asked His Worship, in case ho decided to convict tho defendants, merely to order them to outer into a bond for their future- good behaviour. If thoy offended again, they would he dealt with severely, with tho utmost rigour of tho law. The complaint of Danger.

Georgo Churchill, time-keepor for tho Union Steam Ship Company, said that one of his duties was, to put on labour for tho working of coal. Ho put on the labour to work tho s.s. Maori on February 16. Ho detailed

tho circumstances under which tho men refused duty on the Maori, his statements generally being in terms of Mr. opening. He said that he was not an expert regarding tho use of tackle, but he believed that tho Burton block was perfectly safe. To Mr. O'Leary: The Maori sailed that evening, but with a less quantity of coal than sho would otherwise havo taken. He engaged tho mon who coaled the Maori that afternoon, hut the coaling was dono from another hulk, on which no Burton blocks wcro used. Reynolds was ono of tho_ men encaged. He did not know that it was alleged by tho men that an aecidont occurred on the Kakapo on February 2 by which tlireo men were injured owing to tho use- of tlio Burton block. Ho believed that all tho mon on the Maori heard his question inquiring whether they wore willing to go on working, with the Huiion block. v To Mr. Macassoy: Ho did not hear after the Kakapo accident that the men complained that tlio Burton tackle was dangerous. In fact, one of tho men who was injured waR back at work on the same ship some fow days afterwards.

Patrick Ellison, hulk-keeper on the Gangmedo, gave evidence regarding Burton gear, saying; that he considered it safe if-worked with proper-care. It. T. Bailey, Inspector of Awards, gave' evidence of the occurrence when tho men ceased work. His account was virtually that given by witness Churchill.

Thomas Bruton, some eight years ago president of tho Waterside : Workers' Union, said ho had known of the use of the Burton block for twenty-five years, and he had never heard of any objection to it on the ground that, it was dangerous until the present cases occurred. He described tho Burton block gear with a model. Ho said that the gear was used with winches not very ■ suitable for working coal. Tho primary object of using it was to save wear and tear rather than to increase the working speed. It was just as safe as . the ordinary direct winch gear. On modern high-speed winches, the Burton- block was never

To Mr. O'Leary: Ho had never known cases of a ropo carrying away becauso of wear by tho Burton block on the stationary line. The.hardest wear on linos was always on tho barrel of the winch, and ho had known cases,

both in Burton tacklo and in'ordinary tackle, of this part of the line giving way. He did not know that the men on tho Kakapo complained that, tho Burton block was dangerous. He was in charge o7 the Kakapo job, and the complaint of tho men was against the man on tho bull-rope. Witness, proceeding, said that under present conditions, and with the present winch, the use of the Burton' block quickest on the Ganymede, and, in his opinion, it was absurd to then hailed as savioiis of their country. Also, some of the men had sons and relatives at tho front. Furthermore, there was the fact, already adduced in evidence, that five of tho men who refused on the morning to work under tho Burton block presented themselves

say tliafc the uso of tlio block was un safo.

James Johnson, hulk-keeper on tlio liulk William Hanson, said ho had had 25 years' experience in the uso of the Burton block. The Burton block wis not dangorous when it was properly handled, but if the winch was defoctivo it was better to do without tho Burton block. Case for the Defence.

Mr. O'Leary, opening for tho defence, said he desired, first of all to refer to tlie remarks mado by tho (Jrown in opening, Mr. Macassey had made allegations of unpatriotism. and "1.W.W.-isni" and other "isms' against the men, not suggesting, or for a moment giving credence to, tho fact that there might in this case bo a great deal to be said on behalf of the rnon. Their action in refusing to work on this occasion was not one dictated by unpatriotic or other similar motives, but was one taken in defenco of their Uvob and their limbs. Tho defence was that the men's action was taken through an honest and genuine bolief in tho fact that the working of the Burton block, under certain oircumstaucos, on certain boats, and with certain gear, was dangerous to lifo and limb. If tho men were honestly of that opinion, thou, whether there were regulations or not, they wero right, in common law, in refusing to work. The men were just as patriotic as the shipowrors. iSomo of them woro strike-breakers in 1913, and wero in the afternoon, were re-engaged trader other gear, and worked on and coaled tho Maori. Did that look like the fiction of men who set out in tho morning to imnode the proper coaling of the Maori?' He submitted that tho question of tho Burton block was a genuine ono, and liad been for some timo. As far back as October last tho matter was before the watersidcrs and their employers, and was tho subject of articles in tho publication of tho workers. It was the subject of two conferences between tho employers and employees. There had been accidents, and it was suggested' that tho accidents j wero caused by the use of r»he Burton block. Twelves months ago an accident happened at Miramnr which might have had serious results On February 7 oE this year three men wero injured' on the Kakapo through the use of the block. Knowing these things, the men decided that tho use or the block on r.h.3 Gaoymede and the K.ll- - was dangerous, and they refused to work it. fact that the employers granted the men two conferences and spent many days in discussing -the matter showed whether tho allegation made was recognised as a genuine one. At the first conference the arbitrator held that the block was not dangerous. Since a further conference had been held, and tho conclusion come to by the employers' representative was that tho men had showed that tho present method in use was unsatisfactory, and that tho Burton blockshould not be used with tho prosont gear—U-inch. wire and a small blocK; that the only way to ensure safety was to have a 2i-inch wire and a 10-incU blook. That boro out tho contention of the men. The action of the employers in tho caso under consideration had been obstinate and perverse, as apparently the instructions wore that the Burton, and no other, gear should be used. Other gear might have been substituted in a quarter of an hour, and had the employers made the substitution the men would havo started work. . . James Laurenson, seaman and stevedore, said ho had had 26 years experience of gears. Goncrally the use of tho Burton block was more dangerous to tho men than tho tiso of tho strai"ht lead. No wiro could stand on tho Burton block used as at present in Wellington. ~ George Hunt Groy, watorsidcr, said that ho had attended tho second" conference at which tho use of tho Burton block was discussed at length. Tho conference- found that tho workers had not mado out a caso for the abolition of tho Burton black, but had shown that tho method of using tho block was unsatisfactory. In witness s opinion the Burton blook was much more- dangerous than gear with a straight lead. To Mr. Macassey: AVitnoss had. 10fuscd to work on several occasions whon tho Burton block was iised.. Captain Atwood, master manner, called by tho Crown, said that ho had acted as arbitrator in tho disputejcgarding tho use of tho Burton block. Ho read to tho Court his finding, in which he stated that tho Burton bock was not dangerous, provided tho winch was n good" order and the winchman Tvas really careful; and. that tho ory soeeinc ease au accident with tho S™» ono in which the trouble was to havo been duo, not to to Mock itself, but to another part of the B °Tn Mr O'tairv: Witness was subjLghU filing in that, particular eZ, not alleging.that in the.case; before tho Court the men weio makin„ a, groundless complaint. Charles Hallam, engaged as » ton man nn the day in- question, bad Mi. Churchill asked the shovel ers whether thev would work". They said they would not! and wero "sacked." Witness himself was not asked whether ho would work, hut had he been he would have refused to work under the Burton soar AVitness saw ;the gear carry away at Miramar sonie mouths ago owing to the uso of tho Burton block. ' To Mr. Maeassey: On tho day m question witness had no reason to fear anything from inexperience on tho part of tho winchmen. as both winehmen on tho Ganvmede woro experienced men. Witness "had had a areat deal of experience with the Burton hlock. . As a foreman, ho had never complained to the employers that tho block was

dangerous. It would not do to mako thai complaint. Men had como to him, however, and. complained that it was daiigorous.

To Mr. O'Lcary: H used always to bo left to tho foremen's discretion whether they used tlio Burton or not.

Captain F. A. Hutchison (shipping manager for a firm at present) called by the Crown, said ho had presided over a. conference regarding tho Burton block. In his view, tlio dispute had been not aboift tho block, hub tho quality of tho gear used with it. Providing tho Rear was good it was nonsense to suggest that the Burton system was dangerous.

To Mr. O'Leary: To be able to say whether tbo men had a reasonable ground of complaint regarding tho gear witness would have to insnect the particular gear referred to. He could not iiideo in tho dark. When witness, in his finding, recommended the use of a certain size of gear, he was not commenting upon any particular gear then in uso.

John Frew, one of the men engaged by Mr. Churchill as a shoveller on the Ganymede, said that it was only on arrival at the Ganymede that ho discovered a Burton block waß in use. Ho then would not go down below. Personally, witness would not work under the Burton, bocauso ho did not consider it safe Tho Burton was too fast, and with it tho gear was apt to carry away. Tho shovellers were tho men most in danger. At tho timo of refusing to work, witness know of accidents attributed to tho uso of tho Burton block.

The defendant, Beynolds, said ho had a good experience of gears. Ho noticed the Burton on the Ganymede when he went aboard. Ho had previously known of two mishaps duo to Burton gear. As far as witness could see, tho Burton gear was more dangerous than any other, and there was no particular need for a Burton on the anymede that day. Ho had seen an article published regarding tho Burton block, and this also had influenced him in his attitude towards tho block. If the Burton had been taken off tho Ganymede, witness would have gone on with tho work. Ho had no intention of holding up tho Maori, and he took work for tho TJ.S.S. Company later in tho day. :

Other witnesses for the defence were called.

Replying to Mr. O'Leary upon the legal aspect of tho case, Mr. Macassey said that a man doing an act knowingly must bo taken to intend the consequences of his act. In this case, counsel submitted, tho. defendant had dono .an act intended to delay tho Maori. The court's Finding. "Tho wholo question," 6ajd His Worship, in tho courso of his judgment, "is whether the defendant'.? action was intended to dolay the vessel or was done with bona fido or reasonable belief that tho 'gear was defective. I must say that when tho whole of tho evidqhco is considered, thoro is a great deal to be said in favour of tho argument that there was a reasonable fear of tho gear being defective. ... If tho defendant

had a reasonable fear, I think ho was justified in refusing to work with the gear. I cannot liold that under tho circumstances the defendant; is guilty of deliberately committing an act with intent to dolay tho loading of tho vossel. Ho may have had other reasons, hut I think on tho evidence there was sufficient -upon which to baso a reasonable suspicion or fear that this particular gear was not safe Therefore tho defendant had a reason for acting as ho did, and it cannot bo said that ho made a mere pretence. The information, on those grounds, must bo dismissed." The remaining cases in connection with tho Maori and tho Kittawa wero adjourned' till Tuesday, March 27.