GAS WORKERS' STRIKE

Dominion, Volume 10, Issue 3140, 19 July 1917, Page 7

GAS WORKERS' STRIKE

DEFENDANTS CONVICTED MEN TO CONSIDER THEIR POSITION \ ■ ■ i Mr. S. B. M'Carthy, S.M., delivered his reserved judgment in the Magistrate's Court yesterday in the case of the Gas Company s employees charged with being parties to a seditious strike. The men charged were: Albert Adams, James Evans, George Walker, Isaac Humphries, James Mann, John Harris, John Mane* field, Thomas Eraser, Charles Palmer, W. Hart, J. Secombo, A. Campbell, Thomas' Moss, William Keast, William Diifßll, I\ Thomas, and .1. E. Hannah. Tho information alleged that the defendants, employees of tho Wellington Gas Company, Ltd., wore parties to a seditious strike in that it had a tendency to interfere with the manufacture of coal gas in an industry declared by tho Uovornor-Goneral-in-Council on' July S, 1917,' to bo an industry essential for the publio welfare. After referring at some length to tho War Regulations, His Worship said that a. seditious strike was defined by regulations mado on February 16, 1917, as any strike or transaction in tho nature of a strike; or combination, agreement, or common understanding, or concerted aclion on the part of workers, which was intended or had a tendency to interfere with tho manufacture, production, output) supply, delivery, or carriage of goods in connection with any industry declared to be essential, or otherwise to interfere with Ithii effective conduct of any such industry. On July 5, tho manufacture and supply of coal gas was declared an essential industry. On June 4 and thence until July 7 the defendants were employed in the retort branch of the gasometer at Miramar. At no time were the defendants members of a workers' union under the Industrial Conciliation and Arbitration Act, 1908. On Juno i the defendants, as the result of concerted action, addressed their foreman with a viow of securing better wages andworking. conditions. This request the company refused to grant, with the result that the defendants, still acting in concert, gave individual notice on June 23 terminating their respective employment.- Still acting in concert, oaoh defondant quitted employment on or fihortly after the expiry of that date. Tho Wellington Gas Company was under a contract, to supply the inhabitants of the city with gas, and tho result of the defendants' concerted, action had been to leavo the city without gas between 6 p.m. and 8 a.m. each day, resulting in serious derangement of the city's commercial, industrial, social, and domestio life. After fully dealing with tho liability of the defendants undor the various War Regulations and the legal questions raised by counsel, the Magistrate said:—"lt must not be overlooked that, tho Empire of which the Dominion is part is in a state of war, and what might bo permissible in times of peace is not now expedient. In times of war safety of tho State is the supreme \law. Tho rights of the individual them bocome a secondary consideration. The regulations are aimed at preventing in time-of war a turbulent taction from hampering the life of tho Dominion. It is in tho light of these considerations that the regulations must bo interpreted.' His Worship concluded by stating that each of tho defendants would bo convicted. Tho commission of offonoes against the war legislation could not bo regaided in any other than a eenous light. However, as whatever tho motive, the action of the defendants was in its inception lawful, and as the lawfulness or unlawfulness. of th'pir action after July 5 depended on the effect the regulations of that date had on the notices of June 23—a. difficult point of law—and as the defendants' joint act was committed under the bona fide belief that they had a legal justification, the ends of justice would be best met if defendants were given a. week in which to t consider their position. In' tho meantime the matter would bo further adjourned to 'At tho hearing Mr.'V. K. Meredith appeared for the Crown and..Mr.-P. .1. O'Regan for all the defendants.

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