DEPORTATION DEFIED

Hokitika Guardian, 6 July 1925, Page 4

DEPORTATION DEFIED

LYONS BEFORE' THE COURT. FULLER PARTICULARS WELLINGTON, July 3. The defiant attitude adopted towards u deportation order by Noel Lyons, a young Australian seaman who figured prominently in the “ ham and eggs icvolution” on the .Manuka, received a sharp check this afternoon, when he was sentenced to nine months’ hard labour for refusing to comply with the terms of the order. The hearing of the case aroused considerable public inter-

est, and the hotly of the Court was packed to overcrowding long before the starting time. Asked for an indication as to how he would plead, Lyons said lie would plead guilty, trusting that he would be allowed to state the reasons why he had not complied with the order. The .Magistrate (Mr Orr Walker): I will hear what the prosecution has to say, and will give you the right to reply. Mr P. S. K. Macassev said that the i n forma lion was laid under section 0 el the Undesirable Immigration Exclusion Act. 1919. and the penalty fixed by section 12 was twelve months or a line of L’loo. Outlining the facts of the ease, .Mr Macassev said that defendant was a native of Melbourne. When the Union ( ompany’s passenger steamer Manuka arrived at the A ictorian port towards the end ot April, one of the firemen left the vessel, 'and defendant signed on the articles as a trimmer. The .Manuka proceeded to the Bluff, and there a large quantity of I.AV.AV. literature was found in Lyons’s possession, and incidentally llie town of Bluff was placarded with those I.AV.AV. pesters. The vessel next came on to Lyttelton and Wellington, and thence proceeded to Melbourne. Two days’ sail from the deslinailon

Lyons demanded a change of menu. He wanted limn and eggs, hut his request was refused by the captain, with the result that the firemen went slow and the vessel’s speed was reduced from thirteen knots to six. The Alatiuka returned to Wellington direct, arriving here on Ala.v 19. 'five crew were signed off and most of them were reengaged. Defendant was excluded, and it was alleged that lie persuaded the crew to demand a ‘ ham and egg menu, ami the outcome was the tying up 111 th<> Alatiuka. Lyons promised to leave New Zealand by the Aloeraki on .May 22 and went on hoard with his luggage. Later he was found in the firemen's quarters addressing tlie firemen, Senior-Detective Cameron ami Detective Trivklebauk heard him say "I’m not telling you what to do. I m merely telling you what we did on the Manuka.” and he related what had keen done. Lyons declared that better food had hem obtained on the Afanuka •• and it’s tin to you to see that you are not victimised, and get the same conditions on all the l liion Steam Binp company’s ships. A fireman replied: "Your trouble was with the food; we get all the food we want on this ship. I have seen Air Young, and he has advised us to carry on.” Lyons also said : “Air Young, your secretary, is all right ; lie gets L’S per week, and does not live in tl'.e forecastle.” Lyons walked off the boat, and the Aloeraki was delayed for ail hour and a quarter before sailing. The next incident, continued Afr Macassev. was the issue ol an ()rder-in-Council directing the Attorney-General if satisfied that it was for the peace and good government of Now Zealand that Lyons should leave the country, to order him in writing so to leave. That was done on Ala.v 2(1. SeniorDetective Cameron and Detective Nuttall served him with Lite order, and his reply was to the effect that lie did not. want to he deported ; he wanted to stav in the Dominion, and intended lii see the Labour members of Parliament about it. lie re I erred to the I.AA".AY. ns “my organisation.” and til a meeting in tin* Communist hall said he was disappointed that men had sailed with the Aloeraki on June .“>. Lyons was iold hv Senior-Defective Cameron and Detective Nuttall that lie must leave the Dominion within twenty-eight days, and that a free passage already had been provided by the company. The Government gave him. the opportunity to leave, and offered to pay a second-class steamer passage to Sydney and a second-class railway journey to .Melbourne. Lyons declined to go. The j War Regulations relating to seditions j literature were read over to him, hut he had declined to go, saving he was inclined to stay anti make a fight ot it, as the matter had been taken up by the seamen and watorsiders. "I want to impress on your AA'orship.” said Air AlaeassOv, "that this man is not a New Zealander. lie is an agitator of the worst type, and is determined to set the law at defiance. I submit that unless the full penalty of imprisonment provided hv the Act is imposed, the Act will he practically nugatorv if seamen refuse to carry a deported person.” | THE DEFENCE.

■■lll the first place.” said Lyons. "1 did not think my deportation was over any dispute on flic Manuka.’ llad he been aware Unit that question would he opened lie would have pleaded mil guilty, since he 1 bought lie was going to he tried with infringing the law in not leaving the country. Mr Alaeasse.v: That is all you are charged with-—defiance of the law. 11 is Worshio: T am not concerned about the reasons for the order having been issued. I must assume that it was properly issued. It is not within my jurisdiction to decide whether it should or should not have Iveen issued. If yon disobey it you are liable to a fine or imprisonment. Lyons: I have about three reasons why 1 did not comply with that order. His Worship: Aon admit you have not complied with it. Are you proI pared to comply with ii now? Lyons: I am not prepared. His Worship: Are you serious, and do you make that statement after mature consideration ? Lyons: A'es. Ilis AVorsliip (expressing surprise): A'ou do I What are your reasons? Lyons: There arc three reasons, and I think they are very good reasons. 1 have got a job and am working in AVellingtou, and am quite satisfied to stop and work here. In the second place, because 1 am a British subject, and during the war I went over and fought for democracy. Do you call this democracy—being bundled out of the country for doing nothing whatsoever ?

The question awakened a sympathetic response in the body of the Court, and approbation was expressed in an outburst of loud applause. ‘•Silence- Silence” boomed the stentorian voices of half a dozen constables. but several seconds elapsed before the flapping subsided. ‘•lf the police can pick out anyone who is doing that applauding,” said his AVorshin very quietly. ‘T will deal with him immediately. They are not at a show, hut in Court.” A burly detective hurried out of a side door and thereafter the proceedings went ahead without-a murmur. Continuing defendant said his third reason was that he was a member of the working class, and the law could be applied to any working man who was unfortunate enough to come into the country ‘‘with his hat on.” He was not going to deport himself. He

supposed lie was making a hit of a martyr of himself, and in testing the case would encounter a few bumps hut at the same time he wanted working men to know what kind of laws the country had, and something might he done to have this particular law wiped off the statue book.

"It- is a law that has been made by the legislature of the Dominion,” said his Worship. ”1 represent that law in this Court, and must carry it out in a proper way. I cannot consider anyone of these three reasons as a ground for your refusal to comply with that order. I thought that when 1 gave you an opportunity of accepting a chance to comply you would have done so. You appear to have made up your mind to flout the order, and, therefore tlie law. No Court can stand for that sort of thing. A'ou have one appeal and that is to the Legislature, not to this Court, on those grounds. That is the only lawful and constitutional way von can have that Act repealed, and tlie person who can upset that order is the Attorney-General, by his power of revocation. I regret you have not accepted the opportunity gives you of complying with the order. I have only one duty to perform, and I must do it. 1 am, prepared to give you an opportunity to comply with the order. If you don’t you are intelligent enough to knew what the consequences will ho.” Lyons; That’s right.

his Worship: ft is not a case of a man not knowing the consequences. AVill you take time to consider it, or do you want to confer with your friends ? Lvolts was adamant. ”1 think it is only drawing the matter over.” lie said. ”1 have considered it long age.” Lyons was sentenced to nine months imprisonment with hard labour. After shaking hands with one or two companions, Lyons proceeded to the remand room in company with Detective Al’Lonnnn. The spectators crowded to the front entrances, hut it was some time before they realised tlinl Black Maria had left the precinct hv another exit.