BARRED FROM UNION

Waikato Times, Volume 128, Issue 21373, 18 March 1941, Page 2

BARRED FROM UNION

SEAMAN’S COMPLAINT ATTORNEY-GENERAL’S STEP CASE BEFORE APPEAL COURT (By Telegraph.—Press Association) »r WELLINGTON, Monday An appeal against the action of the Attorney-General in debarring him from membership of the Auckland, Dunedin or Wellington Federated Seamen’s Industrial Unions of Workers was brought in the Arbitration Court today by Maurice Wall, seaman, of Wellington. Mr Justice Tyndall presided and associated with him Were Mr A. L. Monteith, workers’ member, and Mr W. Cecil Prime, employers’ member. Dr. N. A. Foden appeared for the AttorneyGeneral, and the appellant was represented by Mr R. Hardie Boys. If he deems it “necessary or expedient in the interests of public safety, the effective prosecution of the war and the maintenance of essential industries,” the AttorneyGeneral has power under the Public Safety Emergency Regulations to debar persons from union membership. Dr. Foden submitted that the Court in time of national crisis during war, on the ground of general principle, should support the administrative decisions of any Minister of State unless an overwhelmingly clear case was made out that the decision was made in error or that the law was made in error of law or fact. Counsel also submitted that the appellant had proved a trouble-maker, a disturbing influence and a generally disaffected person. Cecil Sharpe, master, in the employ of the Union Steam Ship Company, said that in 1926 he was chief officer of the Maheno. Wall was an able seaman in the ship during part of that period. From his knowledge of Wall witness said he definitely would not engage him in any ship in wartime or any other time. Witness was cross-examined by Mr Boys about Wall’s discharges from the Maheno, all of which were endorsed “very good” for conduct, ability and sobriety. He said that had he had the signing of the discharges some of the endorsements would have been different. To Dr. Foden, witness said endorsements on a discharge were not necessarily conclusive as to conduct, ability and sobriety. In some instances a man who played up was given a good discharge to get rid of him. The hearing will be continued tomorrow.