House of Assembly: Vol14 - THURSDAY 12 February 1914

THURSDAY, 12th February, 1914. Mr. SPEAKER took the chair at 2 p.m. and read prayers. PETITIONS.

Petitions of a personal character were referred to the Select Committee on Pensions, Grants, and Gratuities.

Mr. W. H. GRIFFIN (Pietermaritzburg, South),

from Helen C. Greening, who served as a teacher in Natal for thirty-six years, for a pension.

Mr. T. L. SCHREINER (Tembuland),

from T. Kenyon, of Umtata, formerly captain of the Cape Light Horse, for an increase of pension.

Mr. C. H. HAGGAR (Roodepoort),

from T. Snider a constable in the South African Police, praying for recognition of his services in Cape Police for pension purposes.

Mr. J. H. MARAIS (Stellenbosch),

from Frederika I. Adams, of Kuils River, who entered the Cape Civil Service in 1902 and on her marriage retired in 1913, for refund of amounts contributed to the Pension Fund.

Col. C. P. CREWE (East London),

from E. S. Williams, a teacher in Selborne College, East London, for condonation of certain breaks in his service.

Dr. D. MACAULAY (Denver),

from the widow of C. G. H. Bell, late Civil Commissioner, Port Elizabeth, for relief.

Mr. P. DUNCAN (Fordsburg),

from J. S. G. Douglas, Deputy-Commissioner, South African Police, praying that the period between the date of his joining Brabant’s Horse and transfer to South African Constabulary be regarded as extended service.

Sir T. W. SMARTT (Fort Beaufort),

from L. Eaton, Principal, Peddie Public School, for condonation of a break in his service.

Dr. A. H. WATKINS (Barkly) (for Sir Bisset Berry),

from the widow of R. B. Stewart, formerly a major in the Cape Mounted Riflemen, for & pension.

Mr. P. G. KUHN (Prieska),

from H. A. wan der Merwe, Scab Inspector, praying that on his retirement he may be granted a pension.

Mr. C. L. BOTHA (Bloemfontein),

from W. Mposi, an employee in the Department of Posts and Telegraphs, praying for a pension.

Mr. T. L. SCHREINER (Tembuland),

from the widow of T. Schiff, late sergeant, Cape Mounted Riflemen, praying for a pension.

Dr. A. H. WATKINS (Barkly),

(for Sir Bisset Berry), from I. Kawa, a teacher, for condonation of certain breaks in his service.

Mr. C. J. KRIGE (Caledon),

from A. L. Auret, High School at Caledon, for condonation of certain breaks in her service.

Mr. C. F. W. STRUBEN (Newlands),

from W. Bnayshaw, machinist in the Salt. River Railway Works, for condonation of a break in his service.

Mr. P. A. SILBURN (Durban, Point),

from R. M. Loverock, formerly in the Criminal Investigation Department, Natal, for payment in lieu of accumulated leave.

Mr. J. A. NESER (Potchefstroom),

from J. L. Lee, who served in the Kaffrarian wars, for relief.

Mr. T. L. SCHREINER (Tembuland),

from H. Mead, Messenger of the Court, Umtata, for increase of pension.

Dr. A. H. WATKINS (Barkly) (for Sir Bisset Berry),

from J. Key, who, while acting as District Surgeon for Glen Grey, was instructed to purchase a cart and two horses for Government service, but suffered, financial loss, for relief.

Dr. J. HEWAT (Woodstock),

from Sister Mary J. Berchmans, teacher in St. Agnes’s; School, Woodstock, for condonation of a break in her services.

Sir D. HUNTER (Durban, Central),

from H. G. Humby, late Consulting Engineer, in London, to the Natal Government, for increase of pension or gratuity.

Mr. P. A. SILBURN (Durban, Point),

from R. Moor, praying that his Services in the Natal Mounted Police, be added to his; term of Government service in Natal for pension purposes.

Col. C. P. CREWE (East London),

from W. B. Hartley, Railway Station Inspector, for condonation of a break in his service.

Mr. J. A. NESER (Potchefstroom),

from C. D. H. Braine, retired owing to injuries received in the execution of his duties as a Circle Engineer, for increase of pension.

Mr. J. X. MERRIMAN (Victoria West),

front M. S. Maurice, formerly first-class clerk in the Cape Civil Service, for increase of pension.

Mr. D. H. W. WESSELS (Bechuanaland),

from J. T. Lambley, clerk in the office of the Administrator (Cape), for condonation of a break in his service.

Mr. J. X. MERRIMAN (Victoria West),

from the Rev. G. F. Bird, of Slagberg, drawing attention to the low salaries paid to teachers in the Cape Province and praying that the House may take their case into consideration.

Col. C. P. CREWE (East London),

from Charlotte A. Lanchester, who served as music instructress at the East London High School, for a pension.

Sir D. HUNTER (Durban, Central),

from Helen Munro who has been engaged in teaching in Natal since 1865, praying that on her retirement she may be granted a pension.

Sir H. H. JUTA (Cape Town, Harbour),

from C. J. White and other inhabitants of Cape Town for legislation providing for the Direct Popular Veto.

Mr. C. A. VAN NIEKERK (Boshof)

from S. Bornman and others registered voters in Boshof and Hoopstad for the construction, at Christiana, of a bridge over the Vaal River.

Mr. H. C. BECKER (Ladismith),

from C. W. R. Dük, Assistant Magistrate, Lady Grey, for condonation of certain breaks in his service.

Mr. C. L. BOTHA (Bloemfontein),

from P. M. Sheehan, formerly Gaoler at Jacobsdal, for a pension.

Sir D. HUNTER (Durban, Central),

from C. W. Methven, formerly Engineer-in-Charge of the Natal Harbour Works, for relief.

Col. C. P. CREWE (East London),

from R. S. Betty, Assistant Superintendent, S.A. Railways, for condonation of break in his service.

Mr. C. A. VAN NIEKERK (Boshof),

from J. J. F. Britz, who was wounded during the late war, for relief.

Sir H. H. JUTA (Cape Town, Harbour),

from the Sea Point Women’s Temperance Union, for legislation providing for the Direct Popular Veto.

Dr. D. MACAULAY (Denver),

from F. C. Botha, wounded at Magersfontein, for relief.

Sir D. HUNTER (Durban, Central),

from the widow of James Tilbury, late Controller of the Post Office, Maritzburg, for relief.

Mr. C. A. VAN. NIEKERK (Boshof),

from D. H. Jacobs, who was wounded during the late war, for relief.

Col. C. P. CREWE (East London),

from J. A. McCarter, who served in the Frontier Armed and Mounted Police, for relief.

Mr. E. NATHAN (Von Brandis),

from J V. Bester, retrenched officer in the Transvaal Native Affairs Department, for relief.

Mr. C. A. VAN NIEKERK (Boshof),

from J. J. M. Jacobs, who was wounded luring the late war, for relief.

Mr. E. NATHAN (Von Brandis),

from E. Wilson, formerly in the Police Force, and discharged owing to injuries received on duty, for increase of pension.

Mr. F. D. P. CHAPLIN (Germiston),

from the widow of C. S. Sargent, late sergeant in the Transvaal Police, for relief.

Mr. E. NATHAN (Von Brandis),

from G. Bell, praying that his service in the Cape Police be added to his present service.

Mr. H. A. OLIVER (Kimberley),

from the widow of S. Lorimer, who joined the Cape Police in 1885, and died 1913, for relief.

Dr. A. L. DE JAGER (Paarl),

from W. H. Pringle, who served in the police for six years and as lock-up keeper for fourteen years, for a pension.

Mr. E. NATHAN (Von Brandis),

from R, G. D. Dunning, who served in the Natal, Transvaal, and Union Civil Services for fifteen years, for relief.

Dr. A. L. DE JAGER (Paarl),

from R. T. Dorrington, who entered the Cape Civil Service and resigned, for a gratuity or for a refund of amounts contributed to the Pension Fund

Mr. H. E. S. FREMANTLE (Uitenhage),

from A. H. J. Doubell, Locomotive Works, Uitenhage, for condonation of a break in his service.

Dr. A. L. DE JAGER (Paarl),

from J. A. Heineman, formerly of the District Mounted Police, who was retired on account of injuries received in the execution of his duties, for a pension.

Dr. A. L. DE JAGER (Paarl),

from J. P. Cilliers, and others, in support of the above petition of J. A. Heineman.

RAND WATER BOARD SUPPLEMENTARY WATER SUPPLY (PRIVATE) BILL. Mr. SPEAKER

announced that the Select Committee on Standing Rules and Orders had appointed the following members to form the Select Committee on the Rand Water Board Supplementary Water Supply (Private) Bill: Messrs. Krige (Chairman), Hull, Robinson, Nathan, and C. L. Botha.

NEW MEMBERS.

By direction of Mr. SPEAKER,

The CLERK read a letter from the Secretary to the Prime Minister, dated the 11th February, 1914, reporting the election of the following members for the representation of the Electoral Divisions stated, viz.:

Johannes Hendricus Brand Wessels, for the Electoral Division of Bethlehem, in the room of the Right Hon. Abraham Fischer; deceased: and Nicholaas Wilhelmus Serfontein, for the Electoral Division of Frankfort, in the room of Thomas Phillip Brain, Esq., deceased.

MEETING ON THE RAND. Mr. F. H. P. CRESWELL (Jeppe)

asked the Minister of Defence: (1) Whether the Transvaal Federation of Trade Unions was yesterday forbidden to hold a meeting by the Johannesburg Police Authorities; and (2) if so, whether he will give immediate instructions to the said authorities to allow Trade Unions to hold meetings to discuss the policy and actions of the Government?

The MINISTER OF DEFENCE replied:

With regard to the first part of this question, I notice from the newspapers that the request was made to be allowed to hold a mass meeting on the Market-square, Johannesburg. This request was rightly refused. With regard to the second part of the question, instructions have been issued to the police that while all restrictions on ordinary public meetings can be withdrawn, and while there is no objection to indoor meetings being held to discuss the policy and action of the Government, the Government will not as yet allow large out-door public demonstrations.

MINERS’ PHTHISIS ACT. Dr. D. MACAULAY (Denver)moved:

That Messrs. Chaplin, Creswell, Duncan, Geldenhuys, Sir Jan Langerman, Mr. Nicholson. Dr. Neethling, Mr. Runciman, and the mover be members of the Select Committee on the working of the Miners’ Phthisis Act, 1912.

Agreed to.

PUBLIC ACCOUNTS COMMITTEE. The MINISTER OF RAILWAYS AND HARBOURSmoved:

That the following papers be referred to the Select Committee on Public Accounts for consideration and report, viz.: Estimates of Expenditure of the South African Railways and Harbours, year ending 31st March. 1915; and Statement of Accounts of the South African Railways and Harbours 1st April, 1912, to 31st March, 1913, and Assistant Controller and Auditor-General’s Report thereon, with Memorandum by the Controller and Auditor-General, transmitting same.

Mr. J. W. JAGGER (Cape Town, Central)

objected.

NATIVE AFFAIRS COMMITTEE. The MINISTER OF NATIVE AFFAIRSmoved:

That a Select Committee on Native Affairs be appointed; the committee to have power to take evidence and Call for papers.

*Mr. T. L. SCHREINER (Tembuland)

said he wished to take this opportunity of putting before the House some facts with regard to the Select Committee on Native Affairs. He hoped that what he was going to say would lead to more use being made of that committee in the future than had been the case in the past. Some of them, owing to what had happened, had wondered whether it was worth while sitting on that committee. In the old Cape House the Select Committee on Native Affairs dealt with all matters appertaining to Native Affairs. He thought that a similar custom would be followed under Union, but that had not been the case. The Government chose whatever matters it thought, fit to place before the committee, and most of the matters handed over to the committee for decision were matters in which the committee could act as a buffer for the Government. He went on to say that several important reports of the committee had not been considered by the House, and some bad not even been laid on the Table, and he pointed out that though there had been substantial differences of opinion none of the members of the committee had had an opportunity of bringing their views before the House. One session they considered the important question of native taxation, and took the best evidence possible on the subject. There was no report, and the evidence was not published. Members of the committee were given copies of the evidence on the understanding that they would not show it to anybody else. The question was whether it was worth while members spending time and labour in this way. Even if the evidence which had been taken with regard to native taxation had been published, it would have done a great deal of good, but he pleaded in vain, and the evidence had not been published, even to the present day. He pointed out that tour members of the Senate were appointed for the purpose ? of watching the interests of the natives, but very little to do with native affairs came before that House. He was not going to oppose the appointment of a Select Committee, but he hoped that what he said would bear fruit.

Mr. W. B. MADELEY (Springs)

said he could not agree with the view of the hon. member. He (the speaker) had served on the committee for three years, but so far from thinking that its investigations were valueless he thought they were of supreme value, because they had been able to thrash out matters of which a good many members knew nothing about. With regard to what the hon. member for Tembuland had said about the question of native taxation, the speaker pointed out that from the beginning it was clearly understood that there was to be no report and no publication of the evidence. Members were asked to stand by the undertaking to say nothing about the matter for the reason that native taxation was, so to speak, in the melting pot. A question of such extreme importance as native taxation should be tackled with the utmost care. No conclusion had been come to by the committee, and it was impossible in the space of time of one session to come to any conclusion, and in spite of what the hon. member had said, the committee had not come to a unanimous decision or opinion. He had not agreed with the hon. member (Mr. Schreiner), and he and the hon. member had not agreed with the rest of the committee, so there had been no unanimity as to the taxation methods, or whether they should impose taxation. What he did complain of, and he supported the hon. member there, was the broken nature of the committee’s investigation. At the end of the session they had broken off the investigations of native taxation, and had gone on to some other matters. Then he agreed with the hon. member, that although not a great deal had been done in the way of reports, yet valuable work had been done by the committee, and as a consequence certain hon. members who were not well acquainted with native affairs had learned something. The report which had been laid on the Table during the first session of Parliament, had been a most important report, although it had been consigned to oblivion, and it should have been brought up the following year. In conclusion, the hon. member said that more time should be given to the committee in question.

The MINISTER OF RAILWAYS AND HARBOURS

said that he must express his astonishment and regret that the hon. member for Tembuland (Mr. Schreiner) should have made the criticisms which he had made, because although one might differ from him on certain lines of policy or in detail on any particular subject which might happen to crop up in regard to native affairs, he thought that they all, on both sides of the House, recognised the deep and devoted interest that the hon. member took in these matters—(hear, hear) —and he thought they all recognised the value of his services on that committee. Really, he did not think that the hon. member had reason to complain. He (Mr. Burton) was speaking for himself; but he did not think the hon. member had reason to complain of the way in which he had been treated on that committee.

Mr. T. L. SCHREINER (Tembuland):

There is nothing personal.

The MINISTER OF RAILWAYS AND HARBOURS:

I am not speaking personally, but as a member of the committee. He went on to say that the hon. member had been of extreme use to him, and he was bound to say that he had never, until that afternoon, heard a complaint from the hon. member in the direction of the complaint which he had made that afternoon. The hon. member had never complained to him in this sense: that enough matters had not been referred to the committee. Dealing with the grounds of the hon. member’s complaints, the first was that everything with regard to native affairs had not been handed over to that committee. But it had never been the Government’s intention that everything with regard to Native Affairs—Administration and policy and the like—should be handed over to that committee; not at all; and that had never been the practice and policy in the old Cape Parliament committee to which the hon. member had referred. The Native Affairs Committee was of extreme value, particularly because of the extreme importance and the delicacy of the matters which arose in regard to Native Affairs, and because in the walls of the committee-room one could deal more satisfactorily with these delicate things than if they were bandied about there in the House. That had been one of the reasons why they had adopted that system in the Cape and in the Union. Of course, from time to time, the Government referred matters of the utmost importance to the Committee of Native Affairs—the whole of the question of squatting and cognate matters and the question of native taxation had been referred to it, for instance. What more important matters could they have than that? The hon. member had said that nobody had read the report of the Committee of Native Affairs with regard to the squatting question, but the Government was not to blame for that. Two and a half years ago the evidence and the report had been laid on the Table of the House. Now the hon. member complained about native taxation, and-not allowing that matter to be discussed in public. The House would recognise the extreme desirability that the whole of the evidence should not be made public property, when they conceived for a moment what the Government had in mind and what he had told the committee; of the undesirability from many points of view of not publishing the evidence, especially from the point of view of those natives who were paying more in the way of taxation than other natives, and the advisability of considering some scheme of uniformity in regard to native taxation in the Union. The publication would have created a great deal of agitation unnecessarily, until the Government could come before the House with definite legislation. The public, of course, was not aware of what taxation was going to be brought forward until the Government laid its proposals before the House. It was simply with a view to that, and the particular need for caution in regard to native taxation that he had asked the committee to adopt that course. They had in the evidence taken the most valuable collection of opinion and thought in regard to the whole matter—most valuable —and how the hon. member could say that the work of the committee had been useless he could not for the life of him understand. With regard to what the hon. member had said about a joint committee, he (Mr. Burton) had always taken the view that it was not desirable that one should act with a joint committee of the Senate. The Senate, by the constitution, had been given a special reviewing position, and provision had been made for the appointment of four of the Senators to watch the course of native affairs and take a special interest in that matter. If they had a joint committee, they would lose in the Senate a great deal of the character and the value of the discussion there with regard to native affairs. If the Senators specially appointed for their knowledge of native affairs were on the joint committee the discussion in the Senate would lose much of its reviewing character. Under the Cape system, which they regarded as eminently satisfactory and useful, it had never been thought necessary to have a joint committee with the Legislative Council. He hoped that the hon. member would not press that, but that he would consent to remain a member of that Select Committee.

†Mr. C. A. VAN NIEKERK (Boshof)

said that as he had done on previous occasions, he again wished to draw attention to the inequality at present existing in regard to the native poll tax in the various provinces. In the Cape, he said, the tax was very low, with the result that the natives went to live there, and the farmers in the Transvaal or in the Free State living just across the Cape border lost their labourers when their natives had to pay this tax. The natives, when the time came when they had to pay their taxes, just slipped across the Cape border and remained away until it suited them to come back. Thus, owing to lack of labour, the farmers on the borders were unable to compete in the market. This was a most important matter, which should be taken into consideration by the Select Committee, so that steps might at last be taken to deal with the subject. They should not shirk the issues, but should settle the matter once and for ever. It might be true that the committee had done good work, but the committee was not Parliament, and it was necessary to have equality of taxation.

Dr. A. H’ WATKINS (Barkly)

said although the reports of the Select Committee on Native Affairs were laid on the Table of the House very little opportunity was given members of discussing these reports. Again, the Native Land Bill, which was a most important piece of legislation concerning natives, was not discussed by the Select Committee on Native Affairs at all. To withhold from the committee the one piece of practical legislation dealing with this subject was hardly in keeping with what the Minister said just now.

The motion was agreed to.

The MINISTER OF NATIVE AFFAIRS

moved that the committee consist of twelve members.

Dr. J. HEWAT (Woodstock)

moved that the number of the committee be increased to 13, so as to provide for the inclusion of the hon. member for Barkly.

The amendment was negatived.

The motion was thereupon agreed to.

The MINISTER OF NATIVE AFFAIRS

then moved that the committee consist of Sir Bisset Berry, Col. Crewe, Messrs. Clayton, Henwood, Keyter, King, Madeley, P. G. Marais, Mentz, P. G. W. Grobler, Schreiner, and the mover.

Mr. W. ROCKEY (Langlaagte)

moved the omission from the committee of the hon. member for Springs (Mr. Madeley). The mover said he could give many reasons for this proposal, but he thought sufficient reason had been adduced in connection with the hon. member’s action during the July riots on the Rand to show that the hon. member was not, entitled to sit on any Select Committee, more particularly that of native affairs.

Dr. D. MACAULAY (Denver)

seconded.

Mr. SPEAKER

put the question: That the name “Madeley ” proposed to be omitted, stand part of the motion.

The amendment was declared carried.

DIVISION. Mr. F. H. P. CRESWELL (Jeppe)

called for a division, which was taken, with the following result:

Ayes—50.

Andrews, William Henry

Becker, Heinrich Christian

Bekker, Stephanus

Bosnian, Hendrik Johannes

Botha, Louis

Boydell, Thomas

Burton, Henry

Clayton, Walter Frederick

Creswell, Frederick Hugh Page

Cronje, Frederik Reinhardt

Cullinan, Thomas Major

De Beer. Michiel Johannes

De Waal, Hendrik

De Wet, Nicolaas Jacobus

Griffin, William Henry

Grobler, Evert Nicolaas

Grobler, Pieter Gert Wessel

Haggar, Charles Henry

Joubert, Christiaan Johannes Jacobus

Krige, Christman Joel

Langerman, Jan Willem Stuckeris

Lemmer, Lodewyk Arnoldus Slabbert

Leuchars, George

Madeley. Walter Bayley

Malan, Francois Stephanus

Marais, Pieter Gerhardus

Meyler, Hugh Mowbray

Neser, Johannes Adriaan

Nicholson, Richard Granville

Sampson, Henry William

Schreiner, Theophilus Lyndall

Serfontein, Hendrik Philippus

Smuts, Jan Christiaan

Smuts, Tobias

Steyl, Johannes Petrus Gerhardus

Theron, Hendrik Schalk

Theron, Petrus Jacobus George

Van der Merwe, Johannes Adolph P.

Van der Walt, Jacobus

Van Eeden, Jacobus Willem

Van Heerden, Hercules Christian

Van Niekerk, Christian Andries

Vermaas, Hendrik Cornelius Wilhelmus

Vosloo, Johannes Arnoldus

Watermeyer, Egidius Benedictus

Watt, Thomas

Wessels, Daniel Hendrik Willem

Wiltshire, Henry

H. Mentz and G. A. Louw, tellers.

Noes—40.

Alberts, Johannes Joachim

Baxter, William Duncan

Bezuidenhout, Willem Wouter Jacobus J.

Chaplin, Francis Drummond Percy

Crewe, Charles Preston

Currey, Henry Latham

De Jagger, Andries Lourens

Du Toit, Gert Johan Wilhelm

Fawcus, Alfred

Geldenhuys, Lourens

Hunter, David

Jagger, John William

Juta, Henry Hubert

Keyter, Jan Gerhard

Kuhn, Pieter Gysbert

Macaulay, Donald

Marais, Johannes Henoch

Merriman, John Xavier

Meyer, Izaak Johannes

Myburgh, Marthinus Wilhelmus

Nathan, Emile

Neethling, Andrew Murray

Oosthuisen, Ockert Almero

Quinn, John William

Rademeyer, Jacobus Michael

Robinson, Charles Phineas

Rockey, Willie

Runciman, William

Schoeman, Johannes Hendrik

Smartt, Thomas William

Steytler, George Louis

Struben, Charles Frederick William

Van der Riet, Frederick John Werndly

Venter, Jan Abraham

Walton, Edgar Harris

Watkins, Arnold Hirst

Whitaker, George

Woolls-Sampson, Aubrey

H. A. Wyndham and J. Hewat, tellers.

The question was accordingly affirmed, and the amendment proposed by Mr. Rockey negatived.

*Mr. T. L. SCHREINER (Tembuland)

said, that he thought that it was of great importance that the members of such a Select Committee as that of Native Affairs should be persons who to some extent at least possessed the confidence of and would be approved by the greater part of the population of this country which had no representation in the House. He had still something against the Government with regard to the list of members proposed. (Laughter.)

Mr. SPEAKER:

Whom does the hon. member take exception to?

*Mr. T. L. SCHREINER:

The hon. member for Ficksburg.

Mr. SPEAKER:

I must point out to the hon. member that he is too late, as the name of the hon. member for Ficksburg precedes that of the hon. member for Springs, on which a vote has just been, taken.

The original motion was thereupon agreed to.

INDEMNITY AND UNDESIRABLES SPECIAL DEPORTATION BILL SECOND READING.

The adjourned debate on the motion for the second reading of the Indemnity and Undesirables Special Deportation Bill was resumed by

*Mr. J. X. MERRIMAN (Victoria West),

who said he was conscious of the difficultly in joining together the threads of the narrative that had been broken by the interval which had taken place. He did not intend to travel over the ground which he travelled over yesterday when trying to give some sort of an account of the evidence which to his mind justified the Government in proclaiming Martial Law, and which to their minds was justified by the language used in July last and also by the language of the men engaged as leaders in that movement. At the same time he had got to that stage when he felt obliged to differ from the Government, because he maintained that they had misjudged the case by the deportation of a certain number of men. He did not wish the House to express disapproval of that action now; but he was trying to point out that the Government had committed an act for which there was no necessity, by deporting subjects of the King without trial, to which the meanest subject was entitled. They no doubt thought that such action would settle once for all a movement which was on foot, and which was creating disturbances in the so-called interest of Labour. The Government had taken some sorry creatures who were discredited in the eyes of the country and deported them to England. They had done great harm by sending them to England, where they would no doubt try to incite the labouring classes thereby making statements which would stir up forces in England likely to shake the foundations of the State. He (Mr. Merriman) had expressed the view that the wisest thing the Government could do was to bring these men back. But the Government had no powers to bring these men back to South Africa, as when they got to Las Palmas all they had to do was to appeal to the British Consul” and they could not be interfered with. He would suggest that these men should be allowed to return, and then put them on trial either by special court or the ordinary courts, or try them at the Bar of this House, if the House wished it. He (Mr. Merriman) would give them that right which the meanest subjects had, and he implored the Government to take his advice because he saw grave dangers opening up before the country and the whole Empire unless some steps were taken to set things right. He repeated they had done a most dangerous thing. They could not tell how far-reaching the effect might be. He would mention as an example of the spirit abroad two facts that came under his notice. A friend of his, travelling by train, heard a lady remark, “What a splendid thing the Government has done. But they have made one mistake.” “That is, in not trying the men,” was suggested. “No,” was the reply; “they ought to have deported Hertzog.” (Loud laughter.) Hon. members might laugh, but it is possible for it to become a reality. Once having started on this role, where were they going to stop? He (Mr. Merriman) might have been deported some years ago; so might the Minister of Railways, if the principles which they were asked to adopt had been adopted fourteen years ago. Another incident came under his notice, showing the way in which certain classes of the population regard the matter. A man said, ‘I suppose it is all right, but I do not understand why they deported these men and left Mr. Creswell here”—(loud laughter)—“but I suppose it’s because he is a gentleman.” (More laughter.) He would now come to a much more important instance, which showed the effect which this deportation of men without trial was producing. He did not know whether hon. members read an article which was written by the Chief Press Adviser of the Government, the editor of the “Volkstem,” who had a worthy record both in and out of journalism, and who had conducted that paper on a high level. Referring to the deportations, the “Volkstem” says: “Parliamentary government tends to weaken the’ executive, in so far as its independence is concerned, and to obviate any autocratic action. This is, especially to young States, the great danger of Parliamentarianism. A country like ours, for example, has need of a powerful and self-reliant Government, if the white population is to remain steadfastly by its rights and obligations, and if political power is to remain in the hands of the Afrikander element, using the word in its widest sense. The social mechanism of our State is far more complicated than that of any other large country.” Really, that was one of the most comical things he had heard of. (Laughter.) “And history teaches that, whenever immigrants, however well-intentioned, obtained political influence, the exercise of that influence is always followed by harmful results.” (Laughter.) Here in South Africa it could hardly be said that immigrants at the present time had obtained political power. He remembered in the Transvaal years ago there was a great outcry against a certain class of immigrants who had obtained an immense lot of political power, but he did not remember hearing the editor of the “Volkstem ” declaim against that. He remembered in the brave days of old, the days of Paul Kruger, their ears were deafened with aspersions levelled against what was called the Hollander clique, who were immigrants like anybody else. “That our Government is not afraid in critical times to assume responsibility for thoroughgoing methods and for harsh measures is a matter for congratulation and thankfulness.” That showed the dangerous spirit in this country. If they were going to subscribe to a doctrine like that, all he could say was that the liberties of the Afrikander people in this country, and every person living in this country, were in a very dangerous state.

A VISTA OF REVENGE.

He was confirmed in that opinion by something that fell from the Minister of Defence in his philosophic disquisition at the end of his speech where he appeared to him (Mr. Merriman) to talk in a light-hearted way of the deportation of political undesirables in a way which filled him with alarm and dread. He had said, and he said it over again, that the “political undesirables” of to-day might be the people in power to-morrow, and what a vista did that open up before them of revenge in the future! They should adopt the manly course. If they saw that there was anything wrong in the affairs of the State they should meet it in the proper way by legislation in this House. (Hear, hear.) Nothing was more wanted than sound legislation on these matters. (Hear, hear.) It had been promised, but the Bills which they supposed were-concealed in the brains of the powerful and benevolent Government that now swayed the destinies of this country they had all folded their tents and crept away. They were promised a Riot Act. Where was the Riot Act? Nothing was more needed in this country, so that the officers of the law could deal with these matters at once as they could in England, and so that the people knew just how far they were allowed to go and what was illegal. They wanted an Act, he thought it required a grave inquiry before they passed it, and he would own they were treading upon a course that was strewn with difficulties—they wanted a Crimes Act on the model of the Irish Crimes Act. His hon. friend opposite shook his head. He (Mr. Merriman) was also inclined to shake his head. He did not think the time had come for that, but it might come one day. He would have an Act dealing with inciting to violence and inciting Civil Servants to leave their duties and throw the whole country into confusion. He would include in that Act that any member of Parliament found guilty of the crime of inciting Civil Servants to break their oath, leave their work and go on strike should be disqualified from serving in this House.

He could not think how it was possible that people who had been guilty of the crimes of those members sitting on the cross-benches had been guilty of—

Mr. F. H. P. CRESWELL (Jeppe):

On a point of order, Mr. Speaker, the hon. member has referred to the “crimes” of hon. members on these benches. I think he should withdraw that word.

Mr. SPEAKER

was understood to say that he thought the hon. member did not use the word “crimes.” The hon. members had not been tried or convicted of any criminal offence.

*Mr. MERRIMAN:

No, they ought to have been tried. (Laughter and interruption.)

Mr. SPEAKER:

The hon. member should withdraw the word crimes. ”

*Mr. MERRIMAN:

I will withdraw it in the most ample manner. I say “regrettable mistakes.” (Laughter.) I cannot conceive how anybody can imagine the people who commit those “ regrettable mistakes” are suitable for the service of their country in this House. (Cheers.)

Mr. T. BOYDELL (Durban, Greyville):

What are they?

*Mr. MERRIMAN:

I wonder that the hon. member can have the shame to ask the question. I say the mere fact of trying to pull out the dock labourers and turn a lot of these poor fellows loose on the street. I say that alone ought to unfit a man for service in this House, because it is a grave mistake to do anything like that, in my opinion. (Hear, hear.)

Mr. F. H. P. CRESWELL (Jeppe)

said he would like to ask if the hon. member was entitled to refer to the members on those benches as “hon. friends.”

Mr. SPEAKER

said it was a matter of Parliamentary custom.

*Mr. MERRIMAN:

It is a kind of address of courtesy that is usual in this House, but I do not want to extend it to them, if they don’t like it. (Laughter.)

BRITISH LEGISLATION.

Proceeding, he said he wanted to refer to a clause in an Act of Great Britain of 1875, called the Conspiracy and Protection of Property Act. We wanted an Act like that. There was one clause that showed how far they had gone in England. This clause provided that where a person employed by a municipal authority or any company or contractor upon whom was imposed by Act of Parliament the duty, or who otherwise assumed the duty, of supplying any city, borough, town, or place or part thereof with gas or water, who will fully and maliciously broke a contract of service with that authority, company, or contractor so as to deprive the inhabitants to a great extent of their supply of gas and water, was upon conviction in a court of summary jurisdiction or upon indictment, liable to pay a penalty not exceeding £20 or be imprisoned for a term not exceeding three months. It also provided that whore a person maliciously broke his contract of service so as to endanger human life or cause serious bodily injury or expose valuable property, whether real or personal, to destruction, should be liable to penalties. That, he went on to say, met the case of those people in this country. Why was an Act like that not brought in here instead of breaking the law? There was another clause to the effect that every person who with a view to compel other persons to abstain from doing any act which such other person should have a legal right to do, or abstain from doing wrongfully and without lawful authority, used violence to intimidate persons, and persistently followed such persons from place to place or besetted the house or place where such person resided, should be liable to a certain sentence.

Mr. T. BOYDELL (Durban, Greyville):

That has all been repealed.

“PEACEFUL PICKETING” CLAUSE. *Mr. MERRIMAN:

There is one clause repealed, peaceful picketing, and that repeal has done more harm, according to judges, than anything else. (Cheers.) It has exposed people to these hideous outrages which everybody so much regrets. I say we want legislation of that sort. Legislation of that sort would be welcomed by this House. Why do you listen to the insidious pipings of the “Volkstem, ” and say that a strong Government does not want legislation like that? You want a law: more than anything else to regulate the railway service. It is regulated partially, but you want that to be stiffened up. You don’t want to delude these men. Show them once for all that a person in the railway is like a person in the army—he is a servant of the State, and anybody who tries to persuade him that he is not and to break his contract of service, that man is committing a crime and should be punished for it. (Hear, hear.) Proceeding, he said that if they passed legislation where was the administration? They wanted strong administration and they wanted strong legislation. At the same time, while on the railway service, he disclaimed altogether the attacks which had been made upon that excellent public servant, Mr. Hoy, and the Minister of Railways. He knew the Minister of Railways pretty well. He had served with him (Mr. Merriman) something like three years ago. He had to carry out a most distasteful task, cutting down the Service and lowering the status of the men, but at any rate he did it so that there were no disturbances. Continuing, he said that in those days he had had many quarrels with him, and he had always been pulled up by his hon. friend, who had been a most rigid observer of the law in those days, and had said that the law was against him (Mr. Merriman), and that he could not do things. Therefore he wondered what had come over his hon. friend, and that he—that scrupulous observer of the law—could have gone headlong into that foolish and ill-advised scheme. He could not understand it.

FEDERATION OF TRADES.

What they wanted to do was to put down the Federation of Trades, and give the Government certain power subject to Parliament, to proclaim certain things hostile to that country, and he said there was nothing more hostile than the Federation of Trades. When a decent lot of men wanted to do their work, the Federation of Trades should be prevented from stopping these men, working, simply by telling them to lay down their tools. They could render that impossible, by legislation, and he was surprised that the Government had not introduced such legislation. The Government would find the House of Parliament only too ready and too anxious to give them every assistance in passing legislation of that kind, and he hoped that they would do it, so that they could maintain law and order by law, without which to talk of liberty was simply a hollow mockery. The Government should set an example in these matters. They heard much in that country about being a great nation, but all he could say was, that it was a poor foundation to a great nation when the Government taught it to throw aside the traditions of the past—tore up the Constitution of Parliament—and trusted to the arbitrary methods of the men who happened at the time being to be the Government. He had heard sneers in that House from the Minister of Finance at Magna Charta, and all those fusty old documents. He (the Minister) smiled at that. He (the Minister) did not like it. It might be too British for him or rather, too English, because it was English—pure English—for the other parts had little to do with laying down the foundations of freedom. If it was too British, he would take him (General Smuts) to America. What had the Americans done? No sooner had they passed their Constitution, no sooner had it been ratified, than amendments securing the liberty of individual citizens had been introduced in the Constitution. He saw that there was a committee sitting to alter our Constitution, but he did say that they should alter their Constitution and amend it in the directions which the Americans had done, who had a keen sense of liberty, and had fought for liberty with a great struggle, and had thought it necessary to entrench it. Mr. Merriman read the clause in the American Constitution, which wound up by saying that no man should be deprived of his liberty or property, except in due process of law. That was all they asked (continued the speaker). Why should his hon. friend (General Smuts) go to East Africa for a precedent and for guidance; he might go to Peru next, where Presidents were sometimes put on board ship, sometimes sent away, and sometimes decamped on their own account with the cash? (Laughter.) Why did his hon. friend! go to those precedents, and throw up the traditions of Old England, and sneer at the fusty documents? Did his hon. friend deny that he had sneered at Magna Charta? He was glad that the hon. Minister was ashamed of himself. (Laughter.) In America there was a greater reverence for the Constitution than in any other part of the world, because by law it held the whole of society together.

An HON. MEMBER:

Lynch law!

ENGLISH IDEALS. *Mr. MERRIMAN:

I regret to find a: gentleman who has occupied a high position in this House so ignorant that he actually thinks the American Commonwealth is held together by lynch law. I do not wonder at a man holding those views with that political information approving the actions of the Government. But even supposing it was true, we are improving upon lynch law here, because we punish men without a trial. That is what I complain of. No, the reign of law and liberty we have secured by law represents English ideals. Often, no doubt, those ideals may be departed from here or departed from there, but that is the English ideal, and it is following those ideals that has made England great, and it has-spread over the whole world, so that nations, alien in race, alien in colour, when they want to put their institution on a sound footing imitate English ideals in these matters. And I say South Africa will be better in every possible way if she clings to the old condition of things, because here there is no alien race. We have got a kindred race, and a race which has taken English ideas of liberty, English ideas of free speech, English ideas of law and improved upon them to the fullest extent, so that men a few years ago were found to sacrifice everything in order to fight for the ideal of liberty—that ideal of liberty which is going to be shattered to pieces if you lay down these precedents and depart from these principles. I implore the House not to judge this matter in the heat of passion—always a bad thing to do, because you will regret it bitterly ever afterwards. While protecting the Government and its agents in what has been done, even if we think it not wholly wise in certain respects, while recognising that they are entitled to protection for what they did in good faith, let us not throw aside the traditions of the past, and let us not embark upon a new and dangerous career by condemning men to lifelong punishment, unheard and untried, and set a precedent fraught with evil and danger to this country. I shall vote for the second reading. I will give the Government every indemnity I think they ought to have, but as at present advised I cannot be brought to condemn people, unheard and without a trial, to a punishment which is new to South Africa, because I feel by doing that, so far from laying the foundation and making this the great country we hope to see it, I should be doing one of the most evil things that could possibly be done for the future of South Africa. (Cheers.)

THE WORD “CONSPIRACY.” *Mr. F. D. P. CHAPLIN (Germiston)

said that there was so much in the eloquent speech which they had heard the day before and that afternoon with which they must so whole-heartedly agree, that he regretted to feel compelled to differ with some of its conclusions. When the right hon. member had begun, he had put the matter on the highest plane, and had said that what they had to consider was not the welfare”of that particular Government, and that they were not bound to render assistance to any party or any Government, but what they had to do was to consider the sequence of recent events, and to decide whether these events were such as to justify the Government of the day in the extreme action, admittedly illegal, which they had taken whether it had been in the interests of the whole country and whether a course of action must be excused which they otherwise would have condemned. They had listened to the able exposition of the Minister of Finance, who had told them, in effect, that there was, in effect, what had amounted to conspiracy. The right hon. member had fallen rather foul of the word “conspiracy.” He had read an extract from the English Statutes of which, however, “conspiracy was a leading feature. It did not matter what they called it, but what did matter was whether there had been certain events which justified the action which had been taken. They had heard a long argument from the hon. member for Jeppe (Mr. Creswell), disfigured, in his (Mr. Chaplin’s) opinion, at any rate, in many parts by the venomous vituperation with which it had been filled; but they were bound to take the hon. member as the chief exponent of the doctrine which he preached, and they must look upon him, in effect, as counsel for the defence, and they were bound to examine somewhat narrowly the case which he had put forward, which, in effect, was this: the hon. member had said that the working men in that country, and in the Transvall he supposed, in particular, had been victimised with what he called intolerable injustice, and he said that they had intolerable grievances which bad not been redressed. The hon. member had gone on to say that, in effect, what had taken place had been the result of a plot, for which he produced two motives.

In the first place the hon. member told them that it was a fight between the Government and the great employers of labour to pull the men down and to bring the Rand to the level of Kimberley. He further told them that it was a plot on the part of the Government to re-establish its prestige and to smash the Trade Unions. Let them take the injustice and grievances and want of consideration of which the House was supposed to have been guilty. Could it seriously be said, that the House had not shown itself sympathetic to genuine grievances? (Cheers.) How much time had been occupied in the last three years in discussing matters brought forwards by hon. members on the cross benches? (Cheers.) Then the hon. member related that in 1907 the Transvaal Government came to the rescue of the mining companies by allowing them to fence their mines against the attacks of malefactors. Then the hon. member went on to detail certain matters in which he asserted that he and his friends had been badly treated, but he skipped over 1910, when, whatever might have been the failings of the Government in other respects, at any rate the members who supported the Government supported the hon. member (Mr. Creswell) and the hon. member for Springs (Mr. Madeley) to retain their seats. He (Mr. Chaplin) feared that was a bad bargain. The hon. member had given the House an example of the want of consideration with which he stated their grievances had been treated and maintained that the employers had declined to accept the findings of the Board appointed under the Industrial Disputes Act, but he forgot to mention that the delay in establishing a Board was caused by his friends declining to comply with the law, and he forgot to mention that the people affected were not altogether disposed to accept those findings on which he and his friends differed from the rest of the Board, because these people remembered that before the hon. member went on the Board he expressed himself forcibly on the questions to be submitted to it. The hon. member also forgot to mention that the clauses which he complained of were not given effect to, because they were an attempt to establish by a side wind the principle of the minimum wage, and to secure the recognition of Trade Unions.

THE TRADE UNIONS.

That brought him (Mr. Chaplin) to the question of the Trade Unions. The hon. member had said that this was a plot to smash the Trade Unions. Well he (Mr. Chaplin) did not think anybody wanted to smash the Trade Unions. If they did they would be foolish. Trade Unions existed today and would exist in the future. But what people reasonably could object to in connection with some of the unions was that they were not run as ‘bona fide Trade Unions but as part of a political organisation. (Cheers.) There was nobody who objected more to that aspect of the question than a large number of men on the Rand. (Cheers.) The Government would be well advised to bring in legislation dealing with this matter. It might be said at the present time that feeling was running high, but the position had to be faced, and he hoped the Government would not allow the session to close without putting the question on a proper foundation and giving the Unions a status which would make them useful organisations for the benefit of working men and not make it too easy for them to become members of aggressive political organisations. (Hoar, hear.) The hon. member (Mr. Creswell) through-out his speech, naturally, perhaps, tried to put the onus for all the violence on the Government. The hon. member’s case was that the men wore perfectly peaceable and were acting in a perfectly legitimate manner, and wished to prevent no one’s freedom of action, but that it was the Government who tried to prevent their freedom of action in the interests of the employers, and that—the hon. member stated—was how all the trouble was created. The hon. member and his friends denied that there was any intention of making war on the community. It was fair, however, to judge people by what they had said themselves.

THE GOVERNMENT WARNED.

The hon. member and his friends gave the clearest warning in this House before the end of last session. One of them, he believed that, it was the hon. member for George Town, said, “He felt sure the Government should take the matter into consideration. If it did not do so the men would bring about a general strike.” (Cheers. ) There was another aspect of the question. It was the attitude of the Government in dealing with the events of last June. It was, of course, plain that the Government did not anticipate what happened. That must be obvious. The Minister of Finance had admitted it, and he thought that the Minister took the right course in admitting that freely, because under no other circumstances whatever would it be possible in any way to excuse the inaction of the Government. The Government had warnings from people on the Rand; it had applications for protection and for assistance in case certain eventualities arose. What was done? The right hon. gentleman (Mr. Merriman) had commented on the absence of the leading officials of the Mines Department at this period. Was it conceivable that the Mines Department, if it had foreseen anything of what did happen, would have allowed that state of affairs to exist and all their leading officials to be absent and the whole conduct of the matter left in the hands of a gentleman, very well meaning, but who wrote the most fatuous letters about strikes in London and had finally to be told by the Government that he had exceeded his instructions? That came out very plainly in dealing with the affairs of the Kleinfontein Mine. The hon. members here bad made out that the whole of the trouble arose because the Kleinfontein Company refused to take bank some men who had gone on strike; but the hon. member had omitted to mention that the company gave a certain number of days in which the men could return. The company ate humble pie, and it offered to take back all the men unreservedly, and promised that there should be no victimisation. But the hon. member and his friends did not wish the new men to be allowed to get their living, and asserted that the Government was not impartial. The hon. member for George Town said, if he (Mr. Chaplin) remembered rightly, that the police were sent to the mine to protect the scabs, and that the Government was simply acting in the interests of the employers. But the employers did not take the same view. However that might be, there was one thing of which there could be no doubt —the very gravest mistake was made in not dealing with the bands of men which went from mine to mine nulling out the workers. He saw these bands, and was satisfied that they could easily have been broken up by a small force of police, probably without any bloodshed; but at a later stage that was impossible. The Minister of Mines said it would be illegal to break up these bands, and the hon. member (Mr. Creswell) said that the men were tumbling over each other in their anxiety to come out on strike. That was an entire mistake. On the great majority of the mines the men did not come out willingly, and if they had had protection, they would not have come out. On the majority of the mines the men said that there was no protection for their wives and families, and that they would be maltreated if they remained at work. On the last day before the strike, the men on one of the mines had to be brought up from underground at an earlier hour than usual, in order to save them from the bands who were anxious to do them violence.

THE BAIN-BOTHA TREATY.

They now came to the events of the Friday and the Saturday. He did not wish to go into the meeting on the Market-square, Johannesburg, but he saw enough to form a fair estimation of the value of what the hon. member and his friends had said about the rights of free speech and the workers’ determination to secure fair treatment for everybody. Was it in the cause of liberty of speech that stones and bottles were massed together, to be used as missiles against the troops, and that dynamite was taken from the mines and distributed along the Reef? (Cheers.) Was that to obtain free speech? Was that the reason why some people in the streets, as he saw himself, turned innocent cabmen off the boxes of their cabs, overturned their cabs, and let the horses go? They were told that the hon. member for George Town held a peaceful meeting at Germiston. Germiston was peaceful for a while, because the people there had a very good appreciation of the rights and wrongs of the case. On July 4 the hon. member for George Town said that, if they could not get redress, they were going to hang up South Africa—(hear, hear)—they were not going immediately to embarrass their employers, but to hang up the whole country.

An HON. MEMBER:

Shame.

*Mr. CHAPLIN (continuing)

said that there had been other warnings. In the annual report of the Transvaal Miners’ Association for 1912, the whole scheme for paralyzing the mines, and thus the whole of the country, was set out. It did seem to him that there was fair warning up to that time. But the point of most interest at that time was the Bain-Botha treaty. On that Saturday afternoon when he (Mr. Chaplin) and others were sent for by the Prime Minister, and were told that an armistice had been arranged, and that the mining authorities were expected to assist in removing the strike-breakers from the Kleinfontein Mine, he was against. The Kleinfontein was the only mine working. The men engaged there had been promised continuous employment, and all that the men asked for was protection against attack. When he was told by the right hon. gentle-man and the Minister of Defence that peace could not be maintained, he thought that it was a very disastrous state of affairs.

WHAT MIGHT HAVE HAPPENED.

If he was asked now, looking back upon the situation, whether he thought that under the circumstances the Government had done the right thing, he was bound to say that it was his confection that they had The matter was in the hands of the Prime Minister and his colleague. They both had had experience in warfare and were men whose courage was not in dispute. They were not likely to lose their heads by hearing revolver shots. They also knew more or less the position amongst the natives. He, Mr. Chaplin, and his colleagues came to the conclusion that the only thing to do in the interests of the country was to place their affairs in the hands of the Government, and nobody knew what would have taken place if the Government had not taken the line of action which it had done. The feeling in the compounds at that time was in a very unsatisfactory state, and he believed that if the fighting in Johannesburg streets had continued another 24 hours there would have been very serious trouble amongst the natives. His friends on the cross-benches, however, did not care about that, but tried to stir up the native mind into unrest, disregarding the fact that the families of the mine workers would have been the first to suffer from an outbreak. Things being as they were on that particular evening, there was no doubt but what the Government did the right thing. Whatever may be said in the heat of debate, there was no question of politics being involved in the action that took place between the mines and the Government. He was convinced that the two Ministers had acted in the best interests of the country and that they deserved support. But that did not relieve the Government of the responsibility for allowing this state of affairs to reach such a serious stage. They should have seen the possibilities of danger and to that extent they were to blame. He believed that the Government had been most anxious to come to a lasting settlement, but could as much be said for the leaders of the Labour movement. The men had refused to appear before any Commission, but contented themselves in the later stages by formulating a long list of grievances which had evidently been drawn up hurriedly, grievances which had not been mentioned prior to the strike. They asked for the weekly payment of wages, but they could have had that for the last ten years if they had wished. (Cries of dissent from the cross-benches.)

*Mr; CHAPLIN:

But they do not want it now. Continuing, he said the question of weekly payment of wages was only brought forward in order to find favour with shopkeepers on the Reef.

Mr. CRESWELL:

Were there no other grievances?

*Mr. CHAPLIN:

Yes, but I referred to that because the hon. member had mentioned it in his speech. Proceeding, Mr. Chaplin said the member for George Town proceeded to Pretoria on the 21st July and asked the railwaymen there to adopt the same attitude as the miners. There the member for George Town (Mr. Andrews) told them that the working-men were never so much respected as when they would not work. (Laughter.) They also had had the hon. member for George Town at Bloemfontein telling them that the nation was to be held up. Hon. members on the cross-benches had suggested that it was a plot on the part of the Government and the employers of labour to ruin the town of Johannesburg and bring the population to its knees, but how could that possibly improve matters, or the position of the employers. The loss which would have followed the repatriation of the natives would not have been wiped out for many years to come. All that was done was done in the interests of public safety, and the Government was justified in adopting the course it had done. They had the whole case given fully by Mr. Mason, who came down to Cape Town, and he (Mr. Chaplin) thought that the people here might flatter themselves on the amount of attention they received from the strike leaders. They had such a law-abiding population in Cape Town that it was felt that Salt River was the crux of the whole position. During the time Mr. Watson was down here, in reply to a question, he stated that the General Workers’ Union was in course of formation, and that men who did not belong to any specific trade could join that. He supposed that particular Union was for men who had no trade. (Laughter.) The action of the Labour leaders left no doubt as to their intentions, for the Government were informed that the next time there was an industrial war “the country would get such a shaking as would electrify the world.”

LABOUR MEMBERS AND VIOLENCE.

All this time, in spite of the universal storm of criticism and condemnation that there was of the violence and crime that had taken place in Johannesburg, there was not one single word from those gentlemen or their friends dissociating themselves from these acts of violence. They did not dissociate themselves from the people who preached violence.

AN HON. MEMBER:

It was approved of.

*Mr. CHAPLIN:

Oh, yes, it was quite approved of. He went on to say that some of their friends tried to convince the world that it was not the work of the hooligans. Mr. Crawford, however, said that their enemies called the rioters in the recent strike the hooligans, but he called the hooligans the inspiring force of a grand fight. But when it came to this House these gentlemen said, “We don’t approve of violence. ” They came down here again, and he found there was a gentleman called Anderson. This man said that the sooner they had a French Revolution the better, that the situation was wholly in their hands, and that if they would unite, whether they were white, black, or green, they who created the wealth of the world, that wealth belonged to them. Later on at the Labour Congress in Pretoria, shortly before the last strike, the hon. member for Jeppe proceeded to secure the admission into his own party of the coloured people. (Hear, hear.) So when they said there was no determination to make a general movement, no anxiety to paralyse the country, no war against the nation—really, he thought one must judge them by what they had said themselves. Even the Indians were to be roped in, if possible. The redoubtable Mr. Bain attended a meeting of the Indians in Johannesburg and expressed his sympathy with them. He (Mr. Chaplin) took steps to inquire whether Mr. Bain was there with the approval of the leaders of the Indian community. He was assured that they had certainly not invited him, and they were not thankful for his presence. He came now to the organisation of the coal miners. That began in Natal. It then went on or was attempted to be made to go on to the coal mines in the Transvaal. That was part of the original scheme. After all it was not an impossible thing to do. If they could paralyse the coal mines and prevent coal being brought to two or three of the power stations which supplied the power to the Witwatersrand, inside a week, the whole industry would be paralyzed. It was not at all a bad idea from that point of view. Fortunately it did not come off. The redoubtable Mr. Poutsma, he supposed, had exploded his bomb too soon. Of course, the whole thing could not be done without the railways, because the mines could manage to produce the coal, and if the coal could be got to the power stations, the industry could be kept at work. So the railways had to be paralysed. If the railways came near to being paralysed, the whole of the credit or fault was due to the mission of the hon. member for George Town and the hon. member for Jeppe which they carried out in the country. Of course, they had the assistance of Mr. Poutsma, who was paid by the country all the time.

WHY THE GENERAL STRIKE FAILED.

So it came to the general strike. Anyone who had seen the previous strike in July could see that it was perfectly certain on the Monday or Tuesday that this strike was going to be a failure. Red was not the winning colour that time. The reason was, as the Minister of Defence had stated, because men knew they were going to be protected; because they knew that the Defence Force had gathered together, and that a man would be able, if he wished, to go to his work without fear of being maltreated, and they knew that if people this time tried to burn houses and do the things they did in July, they would be subjected to summary punishment. The result was that the strike was soon over, and the vast majority of the men, he made bold to say, were delighted that the whole danger was removed. (Hear, hear.) So, in his opinion, there was the amplest justification for the Proclamation of Martial Law. Surely, when they had a statement, which had been laid upon the Table of the House showing all the outrages, attempted and actual, on the railways and on the mines by dynamite—36 in all, he was told, in one month—surely all this talk about the rights of the workers and free speech and freedom was the veriest cant and hypocrisy. While they were all agreed that Martial Law was a necessity—Martial Law, with all its disadvantages and with all the inconveniences that it necessarily caused—and that the Government would have been wanting in their duty if they had not proclaimed it, this debate, so far as it had gone, had shown already that some difference of opinion existed as to the wisdom and necessity of the action of the Government in deporting nine of the ringleaders.

THE DEPORTATIONS.

He should judge that opposition to that proceeding would probably come from three distinct sources. It would come from people who conscientiously believed that it was a lawless proceeding, that, however little sympathy they had with the people who were deported, the Government made a mistake; that they might cause the Imperial Government embarrassment; and that they might have created a bad precedent, and so forth. There would be people who would argue with very sincere convictions on those points. There would be other people who would see in this matter an opportunity of fishing in troubled waters—(hear, hear)—and those people, he thought, should be very careful how they did it. Of course, there would be a third party—the hon. members on the cross-benches—who would think that any step taken in the interests of law and order was an act of tyranny, pure and simple. He came to the arguments put forward by his hon. friends who sat on those benches. They said in effect that it was contrary to the English tradition to deport men without trial and that these men should have been given a trial. Last night he understood the right hon. gentleman to indicate that he thought even now they should be brought back. So far as he could see, there was plenty of precedent in many countries for action of this kind. There was precedent for the deportation of people, whether they were born or native subjects of a territory or whether they were not, and this matter was not one which could be judged solely and simply by precedent. The question was whether under the circumstances this was a legitimate and suitable means of dealing with the people concerned. The right hon. gentleman had argued that they had made them martyrs. He thought that the question of making martyrs was sometimes made too much of and if these people had been tried here, if they had been found guilty under any law which existed in this country—and he had not yet heard it suggested that there was any law applicable to the circumstances— but supposing they had been and supposing they had been sentenced to terms of imprisonment, would they not have had the same cry of martyrdom ? Would they not have had it probably in some acute form, because these people would have been all the time in the country and it would have been an object for agitation to get them let out of prison? This was not the first time this question had been discussed in a South African parliament. He did not wish to refer to the war, because the state of affairs seemed to him to rest be a totally different basis. They had, those of them who were in the Transvaal Parliament, a similar discussion in, he believed, 1907, when the Immigration Bill, which had been referred to in the course of the debate, was before the House. Continuing, Mr. Chaplin said that Bill contained a clause authorising deportation of certain persons. He remembered very well that the case was put very forcibly, and he would read a few sentences from a speech made at that time. “Of the provisions which had been referred to, not the least important was section 6, which provided for the removal of any person dangerous to-the public peace. I think that is a most important clause. I earnestly hope that the House will support that and see that it becomes part of the law, because experience in other countries has shown very clearly that there are several classes of people whom it is impossible to deal with by fine or imprisonment. There are certain classes whom, if you fine or imprison, you make into martyrs, and encourage the danger that you are trying to prevent.” Proceeding, the hon. member said that the authority for those remarks was a gentleman with whom he did not find himself as a rule in agreement.

HON. MEMBERS:

Who is the authority?

*Mr. CHAPLIN:

Mr. Wybergh. (Laughter.) Proceeding, he said that it was immaterial who the authority was. He did not take Mr. Wybergh as an authority on many subjects, but in that particular case he expressed the thought which a good many of them in that House had in their minds. There was another aspect of the matter. Supposing that House said in effect that it censured the Government for having deported these people, the logical result was that the House would be willing to have them back. Was the House willing to have them back? (Hon. Members “No, no.”) The right hon. gentleman had argued that they might be allowed to come back for trial. Well, if some of them knew there was going to be a trial he doubted very much whether they would care to come back. The House was told by the Minister of Defence that there was no legislation which was really applicable to those particular circumstances, therefore if they were to be tried by a special tribunal or in any satisfactory way, new legislation would have to be passed, and it did seem to him that if they were asked to introduce new legislation to deal with the matter they would be stultifying themselves and the position would be made worse. It had been said to him more than once that he might be the next, that any of them might be the next. That was an argument that was in the minds of many people. His answer to that was this: No Government was going to resort to steps of that kind unless two conditions existed. The first was that there must be a state of affairs which warranted the proclamation of Martial Law and the second condition which must take place was that the vast majority of the people must be behind the action of the Government. He believed that in that specific case they were. But he thought they would be making a very grave mistake if they expressed censure of the Government’s action on this occasion, because if they did it would be an encouragement to those gentlemen to start their campaign afresh. In this case the Government had not acted as party Government. It had acted on behalf of South Africa, and if the Government was to be censured for its action South Africa was going to lose prestige. He believed that whatever might be the rights or wrongs of the case—it was one of those cases—whether they liked it or not—in which they were bound to support the action taken, and for that reason his vote would be for the Bill.

INTIMIDATION. *The MINISTER OF MINES

said that for the last three days they had listened to three very important speeches on that important matter, the Indemnity Bill. He referred to the speeches of the hon. member for Jeppe, who represented what had been called the counsel for the defence.

An HON. MEMBER:

The prosecution.

*The MINISTER OF MINES,

proceeding, said they were not the accused in that case. They were in the dock now. They were in the box now, although they had been in the other place.

Mr. W. H. ANDREWS (George Town)

Is it correct for the hon. Minister to say in this House that I have been in the box?

Mr. SPEAKER:

The hon. Minister does not say that if the hon. member has been in the box he would have been convicted. All he says is that in his opinion he ought to have been in the box

Mr. F. H. P. CRESWELL (Jeppe):

Is it offensive language in the terms of the Standing Orders for an hon. member to say that in his opinion another hon. member should be in the dock.

Mr. SPEAKER:

I think, under the circumstances in which it was said, it is within the rules.

*The MINISTER OF MINES

said he did not impute any criminal motives; it was only a colloquial expression. (Cries of protest from Labour members.)

Mr. SPEAKER

said he wished to draw the attention of hon. members on the cross benches to Rule 6, which stated that no member should interrupt another while speaking. The, hon. members would have their opportunity, of addressing the House. ,

*The MINISTER OF MINES

said he was thankful to Mr. Speaker for correcting the hon. members on the cross benches. He had not attacked them unnecessarily, and they would have the opportunity of addressing the House.

Mr. W. B. MADELEY (Springs):

Do not insult us.

*The MINISTER OF MINES (proceeding)

said they had heard during the last six months a good deal about intimidation. There was intimidation on one side. There was destruction on one side. If hon. members could not obey the rules of the House they must be taught to do so. There was plenty of scope for free speech within the rules of the House. The second speech they had listened to was from the right hon. member for Victoria West. That was an eloquent speech. It was a characteristic speech. In two senses it was a characteristic speech; firstly, it lifted the debate to a very high level indeed, and introduced principles and argued the matter from that high standpoint which they all appreciated. It was altogether characteristic in the sense that he spared neither friend nor foe. He laid about him on every side, whether, it was the men over there or on the Government benches. He believed that the only people-in that particular speech who had not been criticised were the leaders of the mining industry.

HOW THE TROUBLE STARTED.

The last of the speeches to which he referred was that of the hon. member for Germiston, who had been through the mill along with the hon. member for Jeppe. They therefore spoke with inside knowledge and he thought that the House was in-debted to both these gentlemen that they had dealt with those things from their points of view, and what they related was a history of the movement. In his opinion it was better to speak of that movement as a Syndicalist movement rather than a conspiracy. By using that word conspiracy they were tempted to argue the matter from a narrow point of view, whereas it should be nothing of the kind. The Double started not by being a Syndicalist movement. It started as an ordinary Trade Unionist movement. There was an ordinary trade dispute which occurred at the New Kleinfontein only last year; while it was confined to the New Kleinfontein he made bold to say there was not a single man inside or outside that House, notwithstanding the warning of the hon. member for George Town, who anticipated or could anticipate what took place afterwards. He (the Minister) said at that time, while the dispute was confined to the Kleinfontein, he was in touch in that House with members who were in close contact with both sides, and he saw from both sides that there was an honest attempt to confine the dispute to the New Kleinfontein. The hon. member for Jeppe admitted that. He said when he returned to Johannesburg he met the people there, and they decided to keep it confined to the East Rand. He thought that it would be confined to that part and he therefore left for Rhodesia. He (the hon. Minister) was sure in his mind that if the hon. member for Jeppe had anticipated that there was going to be an extension of the trouble to a general strike he would not have gone. He would not have given the extremists of the Labour organisations the chance of capturing Trade Unionism in this country and using it for Syndicalist purposes. He did not believe that in that knowledge the hon. member for Jeppe would have gone away; but he did come back afterwards, and by the time he came back the thing had got beyond him.

NEW KLEINFONTEIN STRIKE.

One of the accusations made against the Government when Parliament met was that members of the Government and heads of departments were not on the spot, and in the report of the Commission he found that reference was also made to it. He wanted to say this, that on June 16, when Parliament rose, the matter had been practically settled, and on the 18th a telegram had been sent by him to the manager of the New Kleinfontein Mine, which would be found on page 24 of the minutes of the Commission. The telegram was to the effect that the Minister understood that the outstanding difficulty on the New Kleinfontein Mine was the re-employment of about 40 men, whose places had been taken by non-strikers. The Minister urged that, if possible, these men should be absorbed by the industry, and that the whole unfortunate dispute had been due to the company’s action. Proceeding, the Minister said that the question then was whether the industry, which was a large one, could, outside the Kleinfontein Mine, absorb those 40 men, and the Government had reason to believe that it would be done. As a matter of fact it had not been done, and the trouble then simmered on. Mr. Bain came on the scene, and the matter from that moment onwards assumed a different aspect. It had been on the 19th, the day following, that the trouble spread to the Van Ryn Mine, and it was from that point onwards that the Syndicalists had really taken charge of the whole movement. Another accusation that had been brought against the Government was that the Minister of Mines had been absent from the mines at the times; but not anticipating that the matter would spread, and thinking that it would be confined to the New Kleinfontein Mine, he (Mr. Malan) had attended to other duties here, but as soon as he found that things had not come to a settlement he hurried to Johannesburg, and in the meantime his colleague (General Smuts) was in Johannesburg and taking charge of matters there. The Commission said that if an officer of higher standing had been sent to Johannesburg, they might have been able to prevent trouble. After the event, he was satisfied in his own mind that the chances were rather against, very much against, a settlement having been arrived at, and he said this for the following reason. A few months later, when there was trouble on the coal mines in Natal, Mr. Warrington Smyth, the secretary of the Mines Department, had been sent down, and did his utmost to bring the parties together, but at the last Mr. McKerrell came on the scene, and destroyed the chances of settlement. The next accusation made against the Government about the early history of that matter was that they had not acted according to the Industrial Disputes Act, and had not prosecuted. In 1939 the Industrial Disputes Act of the Transvaal had been passed, which laid down that before a strike could be declared, or a look-out, the dispute must be referred to a board, but the Act defined what an industrial dispute was, and defined it in a rather restricted sense. In one clause it said practically that there could be no industrial dispute unless at least ten workmen were affected.

DEFINITION OF “DISPUTE.”

What had happened at the New Kleinfontein Mine was that the number of men who got notice and had been affected by the change of the management were, directly only five and indirectly nine, but certainly not ten. When they had ignored the provisions of the Industrial Disputes Act, and had not given notice of a month before introducing that change, the Government had instructed a prosecution to be instituted against the Manager of the mine for having broken the law. But when the Attorney-General of the Transvaal had been asked to effect the prosecution he had declined to do so, for the reason that there was no dispute, in terms of the Act, ten men not being affected, and the Government could not then effect its purpose. The Judicial Commission said that it was a doubtful point, although agreeing with the Attorney-General. It was not for the Government to prosecute, added Mr. Malan, but for the Attorney-General, and if he declined to do so, they were helpless. About a fortnight after that notice, the men struck in consequence of that notice and a larger number than ten had been involved. The question then arose, whether they should prosecute the men. The opinion that the Government got was that they could not do so, as there was really no “dispute” and the dispute affected only five men, and there was no “dispute,” in terms of the Act, unless there were more than ten men. He thought it would have been a bad policy on the part of the Government to have instituted a prosecution against the men, under these circumstances, when the Government had failed to effect the prosecution against the manager, because the men would have said that there was one law for the manager and another for the men. Under those circumstances, that was the attitude which the Government had adopted, notwithstanding the charge now brought forward that they were goading the men to strike. The matter spread, and on the 19th the Van Ryn men were affected, and the question arose whether the men, who had gone from the New Kleinfontein mine to incite the men of the Van Ryn mine to go out on strike, should not be prosecuted? Instructions were given by him to arrest these men, and the leaders had been arrested. The Commission, in their report, said that no such steps were taken, but the statement of the Commission was not correct, and was not according to the evidence laid before the Commission. He referred to page 14.

An HON. MEMBER:

You are repudiating your own report!

*The MINISTER OF MINES:

This is not the Government’s report, but it is the report of the Commission. He went on to read extracts from the evidence given be fore the Commission, questions 491 and 492 as follows:

491. Who were the speakers or leaders at the meeting? At about 5 o’clock a contingent came out from town, comprising Mrs. Fitzgerald, Councillor Dingwall and Kendall and Crawford, and a number of women carrying red flags. They had an informal meeting at the gate. Then it was announced they would take a ballot. I had warrants for the arrest of Dingwall and Kendall, and I executed the same and arrested them. 492. What was the charges?—Inciting the-men of the Van Ryn Company to strike; charges under the Industrial Disputes Act. Dingwall and Kendall were two of the seven who had addressed the meeting at the Van Ryn Gold mine.

Proceeding, he said that, as a matter of fact, subsequent to that some more of the leaders had been arrested. What had happened? They had come before the Magistrate, who had thought it was not a serious matter, and let them out on £50 bail, and Mr. Bain, while out on bail, was one of those who had negotiated with the Prime Minister. As far as the Van Ryn mine was concerned, when the trouble spread, the Government did take action, and had the leaders arrested, but they were let out on bail by the Magistrate, and the Government had no control over the discretion of the Magistrate. An attempt had been made to put the whole blame on the Government, because it was said that they were so unsympathetic with the Labour movement, or with organised labour. That was the great charge which the hon. member for Jeppe (Mr. Creswell) brought against the Government, and the hon. member said that they (the Government) wanted to crush labour, and that they had conspired with the mine-owners for the purpose of effecting that object.

CARLTON AGREEMENT.

One of the terms of settlement arrived at at the Carlton Hotel was that the Government would inquire into the grievances of the men. A deputation came from Johannesburg and presented a long list of demands. Government treated these demands as grievances, and said, “We will keep to our promise, and will inquire into them. ” These demands were divided into those things which could be done by Government immediately, those which could be done with the approval of the mine-owners, while others were left over for further inquiry. The Government undertook to appoint a Commission, on which the employers would have two representatives and the men two representatives, while the Government would appoint an impartial chairman. But the men flouted that agreement. The Government then negotiated with the mine-owners, and got from them a number of very important and substantial concessions. But more than that, Government saw it was difficult to arrange permanent peace at Johannesburg until the Miners’ Association was recognised, at all events to a certain extent, by the mine-owners, and the Government negotiated with the mine-owners and the association. He, as Minister of Mines, went out of his way to consult and make suggestions, and ultimately that was agreed to, and, pending legislation by this House, the mine-owners recognised the Miners’ Association. Yet the hon. member for Jeppe said the Government was in league with the mine-owners against the men.

GOVERNMENT’S INDUSTRIAL PROGRAMME.

The only condition was that legislation should be introduced, and legislation was drafted for that purpose.

AN HON. MEMBER:

Is it still to be introduced ?

*The MINISTER OF MINES:

The Government is not going back on its industrial programme.

Col. C. P. CREWE (East London):

This session?

*The MINISTER OF MINES:

That will depend on circumstances. We cannot say that at this time. Continuing, Mr. Malan said the men refused to co-operate in a commission that would inquire into the subject, as Government thought it was necessary to have more facts before legislation was introduced. That Commission, which was presided over by a very eminent gentleman from abroad, had prepared its report, and he thought that would tend very largely to facilitate the measures Government intended taking. The Industrial Disputes Bill contained a provision against violence and intimidation, and in the Trade Unions Bill there was a clause which stated that a man must not be intimidated to join a union against his will. If they took those two clauses out he thought the hon. member (Mr. Creswell) would sing a very different song. Government required legislation to enable it to do things which at present it was unable to do.

THE PROTECTION OF FREE LABOUR.

If there was one thing which stood out from all these disturbances it was the necessity for the protection of free labour —(cheers)—of making it possible for men to be able to work when they could find it and were willing to do it. Trade Unions in their origin were an attempt to protect the worker against the employer, and so far he thought the Government was at one with that. But under the influence of Syndicalism trade unions had become a tyranny to the free labourer, and use was made of methods which the hon. member for Jeppe said was ordinary Trade Unionism all over the world—methods of intimidation that we had seen in this upheaval in South Africa. (Cheers.)

What were the methods that had been adopted? The constitution of the Transvaal Miners’ Association provided that a ballot should be taken before a strike was declared, but when it suited their purpose they ignored that provision. The first strike of July last was entered on without a ballot, and when a ballot was taken at the Van Ryn Mine and it went against a strike the men were forced to come out all the same. Another method in which the Trade Unions and Syndicalists carried out their purpose was by pulling out men. Under the existing law, unless a district was proclaimed Government could not stop these bands of men going about pulling out workers. But we must take legal power to do that, and so he agreed absolutely with the right hon. member for Victoria West (Mr. Merriman) on that point, and he hoped it would not be long before that power was given to Government. Free speech was used for the purpose of calling men scabs and blacklegs, and intimidation in its worst form was used—not for the settling of grievances, but to bring society and the industries of the country to a standstill. One of the conditions of the settlement of July 5 was that there should be no intimidation. If there were any intimidation on the part of the employers, then hon. members on the cross-benches were only too willing to say, “You are doing things which you ought not to do,” and when they did the same things to their own fellow workmen, and worse things still, then it was economic liberty.

Mr. J. W. QUINN (Troyeville):

Brotherly love.

*The MINISTER OF MINES:

When these gentlemen intimidate workers and burn their property and terrorise their families, that is called the ordinary methods of trade unionism.

What, continued Mr. Malan, was the result of this on the workers themselves? He was not thinking now so much of the harm done to the country by the reduction of its credit but of the harm done to the men themselves. As the result of the strike of July last 12 to 14 hundred white men on the Rand were thrown out of employment.

Mr. W. H. ANDREWS (George Town):

Who by?

*The MINISTER OF MINES:

These men who smile in the House wish to put the blame on other men, and they forget that this is the result of their agitation (Cheers.) They forget that if they sow the wind they must reap the whirlwind. Continuing, Mr. Malan said the poor, deluded men were led by the nose very often, and; they came to realise that the object these so-called leaders had in mind was not to improve the conditions of their followers but their object was a political one —(cheers)—not so much to get seats in this House—that was a legitimate object, and for that he had no objection, but when they wanted to upset, the form of Government under which we lived then it was time for Government to take drastic steps.

It was somewhat difficult, he continued, to get the figures in connection with the voting on the strike by the Rand Labour Organisation, but so far as the Transvaal Miners’ Association was concerned, 2,900 men voted for a strike in January last and 971 against. Later on he tried to make some investigations, and find out how the voting went. He was informed by the Transvaal Miners’ Association that 4,000 men voted for the strike and 1,300 against; making a total of 5,300 men who participated in the ballot. The total number of white men employed by the mines on the Witwatersrand was 22,500, so that there voted only about 17 per cent.

Mr. W. H. ANDREWS (George Town):

What about the engineers?

Mr. F. H. P. CRESWELL (Jeppe):

Your ignorance is so collossal.

Mr. SPEAKER:

The hon. member must, not interrupt

PROTECTION OF FREE LABOUR. *The MINISTER OF MINES (proceeding)

said that, if they took the Society of Amalgamated Engineers, it would be found that 344 voted for the strike and 170 against, or a majority of 174 out of a total membership of 2,972, which was only a percentage of 17.3. He thought that if the members of that society had the protection in the sense that men wanted to work, and not be intimidated, they would not have voted for a strike. It would be asked: why was Martial Law proclaimed? It was for this very purpose that, unless they had an overwhelming force to protect the men who wanted to work the Syndicalists’ element, this new terrorism would have prevented the ordinary work of the country being proceeded with. He did not think it was necessary to argue the necessity of Martial Law, because he thought the whole House was satisfied, with the exception of the cross-benches, that it was an absolute necessity. They had to strengthen the hands of the Administration, and in no other way could that have been done except by the proclamation of Martial Law. Of course, the deportations of these men was against the law, and they could not contend that it was otherwise, but he begged to remind them that it was absolutely essential, and in that sense it became legal, because the safety of the State was the highest law. (Cheers.) The right point of view to take was that the country had to be rid of these men. Had they been left in Johannesburg, the same state of affairs would have happened again. It was not so much that these men had to be punished, but if they were not sent out of the country while the whole community realised the sense of danger, the same thing would have happened again. Deportation was net a punishment known to our ordinary law, and therefore it could only be effected by an act of the Executive; The state of feeling in Johannesburg was such that it was impossible to leave these men in the country, and to Minister could have been responsible for the observance of law and order while they remained in the Union. It would be asked why there was any delay in deportation of these men? He might gay that the decision to deport them was arrived at while the strike was on, and they would have been deported very shortly after their arrest, but for the fact that there was no steamer available just then by which they could have Been sent away. He contended the proper time for the deportation was while the community realised the danger of their remaining in the country. The question of making martyrs had been raised, but, as a matter of fact, some of the greatest criminals that had been known had been made the greatest martyrs. It was also said that a large number of men had been driven into the ranks of the Labour Party, and that probably fifteen members would be returned to the next Parliament, but that, to his mind, made no difference whatever. He thought if the effect of this action by the Government would be that in future men would be induced to take constitutional methods, then the action of the Government would be welcomed. The one great moral that had been taught the country was that free labour must be protected, and he trusted the House would have an opportunity of shortly dealing with this matter. The Government would do nothing to suppress Trade Unionism, but if Syndicalism took the place of Trade Unionism, it would be considered a declaration of war against law and order. He supported the second reading of the Bill.

GENERAL HERTZOG’S SPEECH. †Gen. J. B. M. HERTZOG (Smithfield)

said he was grateful to the Minister of Mines for making it plain on behalf of the Government that they had not yet grasped the fact that the labour problem was not solved. The Minister had stated that they had the great lesson to learn that the free worker must be protected, but that was the last lesson which could be deduced from the line of action which had been taken by the Government.

The speaker had repeatedly asked himself whether the Government really understood what a violent blow they had dealt to free labour, and now they had to hear that that was the greatest lesson which they had to learn from the Government.

He felt bound to admit that, especially whilst the Minister of Finance was speaking, he had spent one of the most painful times in his life. Parliament was the country’s court of appeal, the only court for those who had suffered under martial law and the other illegal acts which had been performed by the Government. Parliament was the final court, and when he listened to the Minister of Finance giving his reasons why that highest court was to be disregarded, he felt Pound to say that the Minister was mocking at the authority of the House, as he had done at the authority of the court. And now the Minister came to Parliament and asked them to approve what he had done.

The Government said in the first place Make legal all the, illegal things we have done, not only under Martial Law, and not only within the districts placed under Martial Law On, no. Martial Law was not proclaimed until the 13th January, but the Government asked for approval of all it had done from 8th January onwards, of all it had done, outside the districts under Martial Lew and apart from Martial Law. The question at once arose: If the Government asked for approval of all these acts, why did not they make the proclamation, apply everywhere? Parliament was, asked to approve something which was not relevant to the Bill. The House was asked not merely to approve the deportations, but to go further and to pass a law that under no circumstances were the deported persons to return to this country. That might be right. He did not complain of the steps which the Government had taken. All the steps which the Government had taken might be good. He referred merely to the Bill as it lay before them. The House was asked to pass an Act of Indemnity, not only for the acts of the Government up to to-day, but until such time as it suited the Government to repeal the proclamation of Martial Law v. In that way the House would give the Government the right to keep up a state of Martial Law as long as they wished, whilst giving the Government an indemnity against all they might still do. They were not told when Martial Law was to cease. Well, he would not deal at present with that point any further. He merely wished to show the House exactly what they were being asked to do.

FREEDOM OF PERSON.

Parliament had to do here with one of the weightiest matters that a court of Parliament could ever have to deal with, namely, the freedom of the person. He, would be excused if he made it clear what was the duty of the House under those circumstances. It was the first duty of the House to protect not only the Government but also the subject. The House neither could nor ought to withhold its protection to the Government, which had acted under circumstances under which they were bound to break the law. They could not withhold their assent to the actions of the Government. If they did withhold their approval of such acts on the part of the Government, then disorder in the country would be the only re suit. They could not expect that a Government should always keep within the limits of the law. He quite agreed with that. If the Government had been obliged of necessity to exceed the law, then it was the duty of the House to protect them. But it was also the duty of the House to protect the subject who had to suffer owing to the breach of the law by the Government. If the subject suffered injustice owing to the actions of the Government, it was the duty of Parliament to repair that injustice. If they failed to give protection both to the Government and to the subject, they would be entering on a road the end of which no one knew.

The task of the Government was never an easy one, and if there was any one thing in which it was necessary for them to support the Government it was in the preservation of order and peace. It must be made possible for the Government to do that. If 60,000 men were required, many police, and the proclamation of Martial Law, all that was nothing so long as it was necessary for the preservation of order and peace, and they must see that the Government has the right to do all that, and get an indemnity for it. It was the duty of all of them to sec that such protection was not denied to the Government.

When they had to deal with such large issues as riot and revolution, Parliament could not expect that the Government would hold itself within the limits of the law. If the Government in such cases exceeded the terms of the laws, the House would at once say that the circumstances were of an extraordinary character, the difficulties of the Government would have to be recognised, and the breaches of the law would have to be overlooked. In doing that, however, the House must not forget its duties to the subject. They must prevent the creation of a sort of despotism. He begged the House to look at the question from its standpoint as the highest court of appeal, as it ought to be regarded. They had to deal not only with the nine men who had been deported. That was not the question. Neither had they to do with the wives and children of those persons. But behind all that stood the question of the future freedom of this country. The greatest principle that every nation must hold sacred was that no one should be condemned without trial. That principle had now been violated, and the people whose rights were so assailed would receive a blow from which it would not lightly recover.

The Government were asking forgiveness for its sins and misdeeds. That was nothing. The House forgave the Proclamation of Martial Law. But the other questions, namely, the condemnation of men unheard and the treatment of both courts of justice and of Parliament with contempt, those were questions of the greatest weight. It was to that point that he wished to draw the attention of the House. It was impossible for the House to grasp what those questions meant for the public if the House did not understand the nature of Martial Law, and of the other issues referred to. He did not wish to give a disquisition on the significance of Martial Law, which might mean anything or nothing. Martial Law was what the man who proclaimed it wished it to be. He would draw the attention of the House to the Proclamation which had been issued.

Business was suspended at 6 p.m.

EVENING SITTING.

Business was resumed at 8 p.m.

†Genl. HERTZOG

proceeded, by urging that if the Government had acted in regard to Parliament in this case as they ought to have done, and as in any other case should have been done, a good deal of the debate which was now taking place would have been superfluous. It would incidentally have saved him (the speaker) a good deal of time, and would have made it unnecessary for him to discuss some points to which he would now have to draw their attention. There could be no doubt that if the Government had desired to act fairly towards Parliament and the public, they would have given a frank explanation of what had taken place. Then the Government should have asked for an immediate inquiry to be undertaken by a Select Committee, so that the many persons who had suffered injustice under Martial Law would have been given an opportunity to explain what that injustice was. When that had been done the Government would have the right to ask the House for exemption from processes at law by those persons. But as the Government had not taken that course the House was being asked to take away the rights of persons who had suffered injustice without knowing even what the nature of that injustice was. They did not know whether they were approving of misdeeds, the victims of which might be suffering great injury. Before the Government asked the House for an indemnity they ought to have asked for the appointment of a committee, and so provided an opportunity to persons who had suffered injury to describe what that injury was. Only in that event had the Government the right to come to Parliament and ask for forgiveness for its sins and the removal of the aggrieved persons’ right of action. Under all the circumstances he did not intend to oppose the second reading of the Bill. Whether he would vote on it was a point on which he would have something further to say. It would depend on what the Government considered its duty in regard to the question referred to by the Minister, namely, the permanent declaration of banishment He proposed to return to that point.

It was their duty to inquire whether Martial Law had been properly applied. He wished in the first place to point out under what circumstances Martial Law could be proclaimed in France. It could only be proclaimed there in the event of great danger to the State arising, that is to say, owing to war or the actions of persons with arms. Only in that case had the President the right to proclaim Martial Law. In all other cases it was Parliament alone which had that power. But if Martial Law were proclaimed by the President, then within two days thereafter the Parliament met without being specially called. If this Government had acted rightly, then as speedily as possible after January 13 they would have convened a meeting of Parliament. That was a positive necessity, and it was the law in England itself.

MARTIAL LAW. †The PRIME MINISTER

said they had to do here with South Africa. (Hear, hear.)

†Genl. HERTZOG

asked whether the Prime Minister had read the Proclamation of Martial Law. In that Proclamation it was stated that Martial Law was to be applied as Martial Law was understood, and applied in His Majesty’s Territories. That was signed by the Prime Minister. England was a portion of those territories. The Prime Minister wanted to creep away from that position, but the speaker had got him there. In the Ordinance relating to the preservation of peace it was stated that the Governor-General had the right to proclaim Martial Law as that was known in the British Empire. That consequently was the Martial Law of England. If it were not so, what Martial Law could they apply in South Africa? It was accepted in all the courts of law that in connection with such matters as that the customs observed in the British Empire were to be followed. If the Government wanted extraordinary powers in order to get command of the position, then they ought as speedily as possible to call Parliament together in order to obtain that power from Parliament. If that were not done by a Government they would be able to imagine what might happen. The Government would take all power into its hands and would do with the people and its rights whatever they thought fit. It was true that Parliament had afterwards been convened, but by that time everything had been done. What was the result of the Proclamation of Martial Law in England. Holland, and elsewhere, all constitution countries such as South Africa is? What were the relations between Martial Law and the courts of justice? The Constitution of Holland laid it down that in order to preserve the safety of the country the Government could proclaim Martial Law as laid down in the law, and with the results as foreseen by the law. And he wished to draw attention to one of those results. It was laid down in the Constitution that no one’s rights were to be denied except in time of war. In South Africa the Government had formally created the Court-martial. They had caused persons to be brought before the Court martial for ordinary crimes, persons who ought to have been brought before the ordinary courts. In that respect the Government had committed a great blunder. In saying that he had in his mind the man who was charged with laying dynamite on a railway line. That was an ordinary crime which should be punished by the ordinary law, and the man charged should have been brought before the ordinary judges. What justice could the public expect to get when such a powerful instrument was given to the Government enabling them to bring people before a military court instead of before the ordinary courts ? What was done in England ? In England the ordinary courts were in no case closed. In cases of war only, when the judges could no longer sit owing to the operations of the enemy, only in those cases did the military appear in the stead of the civil authorities. But so long as the civil authorities were there, the courts could not be closed. Here, however, they had gone to work without paying the least attention to such considerations.

KIDNAPPING.

They had not only closed the courts here and introduced trial by Court-martial, but they had gone further and made themselves guilty of punishing persons without even trying them. Personally, he had been brought up with high ideals of justice and in the belief that justice should always be preserved, and it was not a pleasant thing for him to find the Government forbidding access to the courts of justice. An order of Court was still in existence whereby four of the deported men had to appear before the Court on the morning following its issue. Whilst that order was in existence the men had been carried away in the night, an act which had been described by the judge as “lawless kidnapping.” That was a judgment against the Ministers. That had been done before it was possible for a committee to make inquiries as to what it was necessary to do was possible for a committee to make inquiries as to what it was necessary to do. The House was now being asked like dumb and stupid cattle to vote an indemnity for all that the Government had done on ex parte declarations and reports. He could not sufficiently lay stress on the fact that Parliament sat there as a court of appeal, as the highest court, and that it had therefore been the duty of the Government to lay before the House all the most important facts.

BISMARCK.

It was clear that the way in which Martial Law had been applied in South Africa had only been paralleled by the methods of its application in times of war. It was true that in other countries they had gone so far under Martial Law as to close the ordinary courts, but deportation had never yet taken place in any country with a constitutional Government. Bismarck had applied the principle of deportation in Germany, and what had been the result of it? He tried to suppress the Socialist movement, and the result was that the followers of that movement increased within a few years from 5,000 to one and a quarter millions, whilst the measures which were adopted had to be revoked.

Peace and order had to be preserved. That was the first duty of the Government. If the Government had not done that in January then he would say as he had told the strikers: “I shall be the first to attack the Ministry as sharply as possible.” Of course, that was the first duty of the Government, and he honed the House would be ready to assent to everything done with that object, except that they should not be asked to agree to what was not necessary for the preservation of order.

He could not help tut express his astonishment at the Minister of Mines, who, dealing with the question of the deportations, spoke of that act as if it must bring the whole Syndicalist movement to an end. He said the same condition of affairs would have recurred if they had allowed these men to remain in Johannesburg. From that it was of course clear, now that the men were deported, the problem was in the Minister’s opinion solved. Did the Minister know so much of what had happened in past times and so little of the effect of violent measures of that kind? Could the Minister quote a single case in history of a movement, such as Syndicalism was represented by him to be, being suppressed by violent means? No. But history was full of lessons which South Africa would in future have to learn, and which would have to be taught to the children in school, showing that violence never yet succeeded in suppressing a movement behind which there lay conviction. They failed to suppress Christianity or the movement for the abolition of slavery. It had been written that he who relied on the sword would perish by the sword. If the Minister thought he could rule by the sword—by deportations, by lawlessness, and injustice—and thought he could suppress movements of that character, he had made a great mistake. What must those people be thinking? Not only had they been robbed of their freedom, but they had been shocked by the refusal of that last and greatest refuge for everyone who felt aggrieved, the opportunity to appeal to a court of justice.

A FUTURE EXPLOSION.

What must there be in the hearts of the four thousand when they realise that their last point of refuge, an appeal to the courts, had been taken from them? Nothing but despair and embitterment could be the results. Could not the Minister conceive what happened when four thousand noisy men had no opportunity to disburden themselves, as a volcano relieved the mountain? Of course, their feelings would be banked down at first and the true explosion would come later. They were blowing up the fire instead of extinguishing it, unless they took steps to re-win the confidence of those whose confidence had they might disapprove of what one or other of the deported men had recklesly said, which led to the shooting of people been so deeply shocked. On that point of his subject he was in entire agreement with the right hon. member for Victoria West (Mr. Merriman). However much and death, it was impossible to palliate the manner of their sending away. The more evil they had done, the more reason was there that they should be tried and punished — severely punished. But in addition to that, it was the duty of the Government and of Parliament to see that there was a law to prevent the deception and ruin of people by other persons who were either ambitious or reckless. That, however, did not give the Government the right to adopt measures which in the future would be most injurious for the country and the people. So far as he was personally concerned, he had less to do with the parties directly concerned and their wives and children, than with the future interests of the country.

NERO.

He wished to point out that a similar thing had been done by Cicero, but in that case no one was punished unheard. The Minister of Finance looked on himself as the father of the Fatherland—(laughter)— but he was just as little that as was Cicero. The latter was applauded for his act of heroism after there had been a real conspiracy, and not merely a Syndicalistic one, but very speedily afterwards he had to be banished for doing it. The speaker did not wish a similar fate for the Minister— (laughter)—but hon. members should examine what the results had been, precisely what would happen ( here, he ventured to predict, if the Bill were agreed to. The Roman Empire was at the height of its prosperity at that time, and contained the bravest and noblest of men. But they were following Cicero’s example. And the same reasons were given then as were being given now. Seventy years afterwards Rome had declined to such an extent that they had to make Senators of liberated slaves. (Laughter.) That was in the year 62 after Christ. Nero—(laughter) —no, he was not comparing the Minister to him—(hear, hear)—Nero had a great general named Sulla, and a meritorious man amongst the citizens, both quite inoffensive. His Prime Minister said: “Those two men are fomenting disturbances, and you must get rid of them.” Well, Nero caused them to be beheaded, I and the heads of the two men were brought before him. Then the people became angry, and the Parliament felt that a scandalous thing had been done. Thereupon Nero sent letters to the Senate, and wrote precisely as he (the speaker) had heard the Minister speak. (Laughter.) He acknowledged the murder, but argued that the men were turbulent characters, and he also gave reasons of State. Nero acted also “in the highest interests of the country.” They could not take a step of that character without coming down the mountain without further trouble. Even if they had the best of men amongst them, when they were so blackened they became little better than slaves. Well, the Senate approved of Nero’s action and thanked the gods for it. (Laughter.) The best men fell, and Tacitus very properly called out: “Nero has become the oppressor of a slavish people.” And the root and origin of all that was, punishment without trial.

It was impossible for them to agree to confirm this evil, and he would never give his consent to it. The day would speedily come when the public would get justice even if Parliament accepted the present Bill.

Whilst dealing with a great and weighty matter such as this Parliament had never handled before, and would never have to deal with again, the Minister of Finance had thought fit to go along a bye-path in order to make personal imputations, imputations of a character which the speaker under ordinary circumstances would have passed by in contempt. Extraordinary reasons, however, constrained him to reply to those imputations, which were unworthy of the Minister. The speaker would show him that he was not carried so far by cowardice as to fail in his duty to the people and the country, though he hoped to do so in a more worthy manner than the Minister. For the moment he would pass by.

COURTS SUPERSEDED.

The House would agree with him that in a serious matter like that they had never heard a defence before which was itself so utterly condemnatory of the defendant himself, owing to its form and its reasons, as that which had been put before them by the Minister of Defence. The strongest condemnation in the whole Case came from the mouth of the Minister himself, when he admitted that he had superseded the courts because the courts would have had to find the people not guilty. Then he had superseded Parliament because it would not have condemned these people in cool blood. And the only reason on which he had dared to ask the House to approve the deportations was that they were accomplished facts. The court was a comedy, said the Minister, speaking of the Supreme Court of Justice of the Transvaal, and it did nothing but play comedies to which they could not submit. The matter must not come before Parliament, they were told, because it was one of the greatest of refrigerators, and all germs of injustice would be choked and frozen to death there. (Laughter.) And now the Minister asked the House to approve what the Government had done because they had done it.

Although the report of the Judicial Commission had been repudiated by the Minister of Mines, he would venture to quote from it.

†The MINISTER OF MINES AND INDUSTRIES

said that was not correct.

†Genl. HERTZOG

replied, that the Minister had stated the report to be incorrect. The Minister had said that in a certain point it was not correct. The Minister accepted the report so far as it suited him. It was more painful for him (the speaker) to hear such a thing from the Minister than from the members of the Labour party. The Government ought to know what persons comprised the Commission, seeing that they appointed them.

IN MAY AND JUNE.

In order to make good the case for the Government, the Minister of Finance began with May and June, and had related to them what then took place. The speaker would be so bold as to say that if the Minister of Justice and the Government had done their duty in May and June the events of the 4th and 5th July would never have taken place. If they had done their duty then, nothing would have happened in Johannesburg. He would prove that, and in order to do so would make use of the report which had been repudiated by the Minister of Mines.

On page 19 of the report it was stated that the fact that the strikers went about practically unhindered inspired fear amongst the natives, who thought the Government were unable to protect them. That showed that the responsibility rested on the Government, because owing to their negligence in May and June, they had left the natives under the impression that they were not protected. It appeared from the report that the strikers compelled those who wished to work to join the strike, whilst they afterwards devoted their attention to blacklegs and other persons whom they took to be such. Why then were there not more police in Benoni ? It had not been necessary to proclaim Martial Law in January and to call up the burghers, to help in preventing any disturbances. Why did not the Government call them out then if they could not do it with the police alone? They did not then require Martial Law. It further appeared from the report that the inhabitants of Benoni were much alarmed by the strikers, so much so that they even refused to give evidence against them. Even wounded persons declined to inform the police who were their assailants. The strikers were thus permitted to create a reign of terror. It was the duty of the Government to send to Benoni as many police as were necessary. Why did they not do so? Was it not the blame of the Government which made it necessary on the 4th of July that rifles had to be used?

The Minister of Finance

asked them what ought to have been done. Well, that was not the first strike they had had on the Rand. There had been a strike in 1910, when the speaker had had the fortune to be Minister of Justice. The matter was by no means trivial, and the mayor and other inhabitants of Johannesburg had come to him and begged him to call out the military. He had replied to that, that so long as the police were there and could in any way contrive to do the work, they should do it. He had not allowed the strike to go so far that they had to resort to firearms. But that was not the case at Benoni, and it was there that the Government were at fault. In 1910 some 700 police constables went to Johannesburg armed with pick-handles, and with that the strike was finished. Why was not the same thing done again? The strike of July began in a small way until it grew to a riot in a big town, with the result that innocent persons were shot to death. If the Government had done its duty in June, the events of July would never have taken place, and the Government would have been spared the deep humiliation of the 5th July. The Minister had spoken with a quaver in his voice of the humiliation to which the Government had to submit. The whole of South Africa had felt humiliated as much as the Government did, who had come to an agreement with men who, four or five days ago when the debate began, could not be painted black enough. The speaker was glad to learn from the Minister of Mines that those men were not conspirators. There was, in fact, no question of a conspiracy. No, it was a Syndicalistic movement.

CONSPIRATORS,

The Minister of Finance had made the first attack on the speaker, and given to his conduct a description as diabolical as possible.

The Minister had also included the speaker amongst his “devilish conspirators.” It was a pity that the Minister had not better consulted his own dignity. He (Genl. Hertzog) had spoken in July at Smithfield, and said that if the Government had shown more sympathy with the workmen, all this would not have happened. The Prime Minister made some remark about “pick handles,” but could they not have a heart for those people whilst disapproving of their errors? (Cheers.) He took another view of his duty to that of the Minister. Even when he was a Minister he had dared to have a heart for them, but he had at the same time always done his duty. The Prime Minister could not prove the contrary to that—could not and dared not. (Hoar, hear.) If the Prime Minister had retained his sympathy for his fellow men— and especially the Minister of Finance, if he ever possessed any—then the condition to-day would be very different to what it was. At the time when matters in Benoni were getting worse and worse the workmen who were now said to have formed a conspiracy asked him to come over and intervene in their cause. (Cries of “Oh, oh.’) He was proud that they had that confidence in him—(hear, hear)—and hoped the farmers would have the same confidence as those who earned their-bread in the, sweat of their brows. The speaker was ashamed of the Prime Minister. (Laughter.) He was inspired by an unworthy spirit and looked down on the working man as on something that belonged to the rubbish heap. (Hear, hear, and “Shame.”) He could only conclude that from the Minister’s interjection just previously. The speaker had never yet been a snob, and trusted he never would become one. He held to his point of view that the condition would never have arisen if the workmen had had sufficient confidence in even one of the Ministers to judge between them and the mine owners. That was why the speaker was informed that they were willing to place their cause unconditionally in his hands. Was that a treasonable conspiracy? Was it revolution? Such an assertion was in complete conflict with the facts, and what he had said on July 24 was correct.

In that House he had supported the introduction of a Bill to create a grievances board for the railways, but it had been ignominously rejected by the Government. It was something towards the relief of actual existing grievances, but the Minister had treated the matter in a sneering manner. The workmen got mockery in the place of sympathy. With what right had the Minister included him in a complot? Because twenty days after July 4, when he thought that everything was over, he had told his constituents he had a heart for the poor people, and that everything would have been different if the Government had also had one. He had been charged as a traitor with consorting with rebels who were against the country and its people. Gould the Minister quote anything from the speaker’s past which gave him the right to say such a thing? If not, then his conduct was most unworthy.

FREE LABOUR.

With regard to the payment of the £47,500, the Minister had made a statement which showed that he had only a small conception of the intelligence of hon. members. It was said to be a payment for the protection of free labour, whereas it was in fact a death blow to free labour. With that money billets were bought for members of the trade unions. Then how could the Minister presume to assert such a thing? It was precisely that action which dealt a death blow to free labour. Thousands of workmen who did not belong to the unions joined them then because as free workers they were not protected.

Could any other explanation be given of that action? That action did not serve to protect free labour, but was its great death blow. There was another reproach which he had to direct against the Minister, and that was for saying that on July 4 and preceding days the report went through Johannesburg that he (Genl. Hertzog) was coming with 5,000 men to liberate his friends the strikers. What was the intention in saying that? Had the Minister the right so to blacken the speaker’s refutation both in the House and outside the House? How did the Minister get hold of such a report? Was the person who brought it to him set in his right place? The Minister knew the speaker well enough. Such provocatory remarks as that were beneath the dignity of a man, let alone that of a Minister.

Then references of a sneering kind had been made to the Congress which was held in January at Bloemfontein, the Congress having been convened in December last. The Minister had referred to the members of the Congress as blatant patriots. The speaker felt grateful for those words. He was not alarmed by them, nor would the public be afraid of them. The public had already received from the Government a whole series of abusive epithets. They had heard the Minister talk of the tag-rag-and-bobtail (“Jan Rap en zijn maat ”), of Hottentot voting cattle (“ Hotnot stemvee ”), and now they heard about the “blatant patriots.” That also would be placed on the list, and when the proper time came judgment would be delivered over them as over all the other actions of the Government. He would take care that it was made known. Why was he to be characterised as a conspirator against the interests of the country because he had attended a Congress at Bloemfontein?

TRADES HALL.

Then the Minister had spoken about the great victory and of the capture of the Trades Hall. Really, if he had been Minister he would have been ashamed to mention that fact. The Minister had also referred to the letter which the speaker had written on the day of victory in the newspapers, and added that the letter was written because the speaker was so struck by the victory which the Government had obtained. With all respect for the Minister, he was bound to point out that he had written that letter on the 13th, when Martial Law was proclaimed. Dutch-speaking men amongst the strikers came to him and asked what was to be done, and he could give the names of those persons. He told the people at once: “I advise you people to do just one thing, and look the facts straight in the eyes. There is only one thing for the Government, to do, and that is to win and to come out of the struggle with honour. If they fail to do that I shall be one of the first to attack the Government for their neglect.” The following morning six English-speaking men came to him, and he told them precisely the same thing, and those people had afterwards thanked him for his advice. Yet when he went to the club on the same day he had to hear that he had addressed a meeting of strikers. He thereupon wrote a letter of denial to the papers, and when he handed it in to the editor he was told that the white flag had just been hoisted at the Trades Hall. The letter in question was dated the 15th.

MR. FREMANTLE

He had first seen the speech which was delivered by the hon. member for Uitenhage (Mr. Fremantle) in the “Vriend des Volks ” of the 15th. He had received telegrams concerning what Mr. Fremantle had said, but he was then in entire ignorance of the matter. He was not responsible for those expressions of opinion. The Minister of Finance had tried to give the impression that the speaker was amongst the conspirators, but that was false. Under the circumstances the speaker had the right to feel deeply that the Minister had exceeded the limits within which he ought to have remained in his personal attack. The Minister knew the speaker well enough to know he had no right to blacken him in that way.

The Minister of Finance had endeavoured to justify what the Government had done by quotations from a law in the Transvaal, though the Minister knew well enough that the law in question was not applicable to the case. According to that law the Government had not the right to deport anybody without trial. What took place under military or Crown Colony Government? There was a law which gave the power to the Minister, with the approval of the Governor, to deport not merely “foreign adventurers,” but also born (Afrikanders. Where then remained the protection of born Afrikanders of which he had spoken? They should keep to the law which provided that nobody should be condemned without a trial. They might try to deceive the people, but the public would take its revenge.

He was very glad that the right hon. member for Victoria West (Mr. Merriman) had pointed out what fatal results these deportations might have even for Great Britain itself. Some people denied the speaker the right to speak on that subject, preferring to regard him as a preacher of racial hatred, and in any case he could not compare himself with the right hon. gentleman where it concerned patriotic feelings for England. Nevertheless, he had the right to give expression to his views whenever he thought injustice was being done. He also had taken part in the war, and had more than once felt grateful to the English people for the way in which they had treated the Boers. They not only received sympathy from those people, but they afterwards obtained self-government from them. The speaker was not one of those who thought the Boers had no right to insist on certain conditions. He was an anti-imperialist. But he did not apply that description to the people to whom he had just referred, but rather to the pocket Imperialists with whom they so often came into contact in different parts of the world. He was glad that Great Britain had been loyal to the agreement that was arrived at, and he would ask whether the Union Government had given evidence of their gratitude in that respect by sending those nine undesirable persons to England. Suppose for a moment that they were prohibited from landing, were they to spend the remainder of their days wandering about on the high seas ? He knew very well the position in which the present British Government found itself, but who could guarantee them that they would not shortly have another Government at the head of affairs there who would think otherwise over this unjust act of deportation? The Government had in that way exposed South Africa to a great danger, and they ought not to have done so. He would follow the example of the right hon. member for Victoria West, and would refrain from opposing the second reading, but in committee he did not wish to follow, the-lead of the Government in making the deportation a permanent banishment. (An hon. member: “We do not want them back again.”) Well, a time might come when they would think differently. Could they not remember to-day what they felt in past years when South Africans were banished from the country? He repeated that he was unable to approve of permanent Banishment, and he trusted that in the meantime the Government would so modify the terms of the Bill that hon. members would not be asked to set the seal of approval on what he for one heartily disliked.

CORRESPONDENCE WITH HERTZOG.

The speech which had been delivered by the Minister of Defence had been a very long one, and he had told the House in the course of it that a much longer list of names had been drawn up of men who were recommended for deportation. Well, he would very much like to know the names of the other persons whose names were placed on the list. When possession was taken of Mr. Poutsma’s office, his daughter was asked whether there was any correspondence with Heytzog. The speaker considered it a very serious thing that the police were allowed to draw up such lists. He was bound to do honour to the courage which had been shown by the Minister of Defence in frankly admitting that the actions of the Government had been illegal, but that it was necessary for the Government to act, and that there were still many more persons who ought to have been sent away. Still, he thought it was a sign of weakness when the Minister had to admit that he could not keep those persons any longer in prison. Surely the courts of justice hart not been closed? Why, then, did he not permit the men to appear before the court in accordance with the order of the court requiring their production on the following day? The speaker believed that many people would afterwards read the speech which had been delivered by the Minister of Defence, and he was therefore glad that the Minister had revised it, so that such contemptuous and insulting expressions as “honours list” and such like no longer appeared in it. The speaker was sorry that the Government had not decided to place the House in possession at once of all the facts by proposing the appointment of a Select Committee. That was their duty. Personally, he felt that he had done his own duty in pointing out to the public the dangers inherent in the action which had been taken by the Government. (Cheers.)

SOUTH AFRICA FIRST. †Genl. T. SMUTS (Ermelo)

said that when the speech which had just been delivered by the last speaker was made known in the camp of the Syndicalists there would be a great rejoicing. The hon. gentleman was a representative of a country district where the strike caused alarm, but it was hard to conceive that fact. The hon. gentleman wanted to give them lessons in morality. The hon. gentleman was not going to oppose the Bill, but he attacked the Government for it. Surely if he were consistent in attacking the Government for that Bill, he should vote against it? If he voted for it, then his two and a half hour assault on the Government was not straightforward. According to his reasoning the hon. member was unable to advise anybody to vote for the Bill. And yet the hon. member had recently written letter, in the course of which he declared that he stood at the side of the Government, but now he attacked the Government for two hours and a half. The hon. member was annoyed with the Minister for making use of rumours, but yet thought, fit to repeat the chatter of a police official What was the difference? If the hon. member for Smithfield voted for the Bill, then his speech would only serve the purpose of creating bad blood, and the speaker was prepared to repeat that every-where. What otherwise was his object?

The Minister of Finance had stated that £47,000 had been paid to help free labour, and he explained clearly under what conditions the money had been spent. But the hon. member for Smithfield said the £47,000 had been paid out in order to set the strikers at work again. How was it that some hon. members who at first said they were going to support the Government had applauded the hon. member for Smithfield ? The country was at present in serious difficulties, and all speeches made went from one end of the country to the other. They ought, therefore, to know exactly what they were saying. The hon. member for Smithfield was in a great state of alarm concerning the interests of England, but the speaker rather thought that the interests of South Africa came first. (Laughter.) In his mind South Africa was the first consideration, and if the deported men were admitted into England, he did not care a rush what became of them. The hon. gentleman wanted, to allow the deported men to return to this country, but would the Government and people of this country allow themselves to be so humiliated? Never. He hoped there would very soon be an end of these mean attacks on the Government. How was it possible for the Government to call a meeting of Parliament during the time of the strike ? They knew well enough there were no trains, and the best argument that could be adduced against the convening of Parliament was that debate itself. The debate had already continued for a long time. How long would it have lasted in the other event? The hon. members of the Labour party thought there was a disposition amongst the country farmers to sympathise with and support them. The farmers were unable to deliver long and hollow speeches full of abuse, but they knew how to preserve peace and order in the country. (Hear, hear.) The hon. member for Roodepoort wanted to start a, revolution, and if he wished to do that in the same way as the strike, then the farmers would be against him as one man.

If these deportations had not taken place the whole country would have been brought into a state of uproar. It was necessary to deport those men because the farmers were not going to be called up every six months in order to deal with strikes. The man who was settled in this country demanded from the Government that peace and order should be maintained. He was averse both to Syndicalism and to Socialism.

†The PRIME MINISTER

moved the adjournment of the debate.

This was agreed to, and the debate was adjourned until to-morrow.

The House adjourned at 10.40 p.m.