House of Assembly: Vol14 - WEDNESDAY 18 February 1914

WEDNESDAY, 18th February, 1914 Mr. SPEAKER took the chair at 2 p.m., and read prayers. PETITIONS. Mr. L. GELDENHUYS (Vrededorp):

from J. van der Werf, a carpenter, who while proceeding through Commissioner-street, Johannesburg, during the Witwatersrand disturbance in July, 1913 was shot in the leg, for relief.

Mr. W. D. BAXTER (Cape Town. Gardens):

from the widow of the late Dr. W. H. Ross, who held positions in the Government service for over 50 years, for relief.

CONTRACT IMMIGRANTS BILL.

The order was discharged, and set down for Wednesday, 4th March.

SELECT COMMITTEE ON AMENDMENT OF ACT OF UNION. Mr. J. X. MERRIMAN (Victoria West)

proposed as an unopposed motion that he be discharged from further service on the Select Committee on the Amendment of the Act of Union. Mr. Merriman said he had communicated with the hon. member on whose motion the Select Committee had been appointed. He (Mr. Merriman) found it impossible to serve on the committee.

†Mr. E. N. GROBLER (Edenburg)

said he objected to the motion.

Mr. SPEAKER:

The right hon. member is on several important committees.

The motion was agreed to.

GOVERNMENT COMMISSIONS. The MINISTER OF FINANCE

laid on the Table a return of the Commissions appointed since 31st May, 1910, and the payments in respect thereof.

Dr. D. MACAULAY (Denver)

asked if it were intended to have the return printed.

Mr. SPEAKER:

That rests entirely with the Printing Committee.

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

stated that the Select Committee on Standing Rules and Orders had appointed Mr. D. H. W. Wessels (Bechuanaland) and Mr. C. T. M. Willcocks (Fauresmith) to be members of the Select Committee on the Rand Water Board Supplementary Water Supply (Private) Bill instead of Mr. H. C. Hull (Barberton) and Mr. E. Nathan (Von Brandis).

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

The MINISTER OF RAILWAYS AND HARBOURS,

who was cheered on rising Mr. Burton said the debate on this measure had now lasted for a full fortnight and he did not doubt that the House by this time was very weary of the subject. He thought hon. members would agree that the Government had by no means shown any disposition to stifle discussion—(hear, hear)—on the contrary, it had been allowed to proceed freely and fully. On the other hand, his colleagues and he had come to the conclusion that while it was desirable that there should be a full and proper discussion of this matter, the time had arrived when they might reasonably ask that the discussion on the first stage of the Bill should come to an end. (Cheers, and cries of dissent.) He did not mean to-day, but the Government had thought it right to let the House know that it intended to take the first stage of this Bill by the end of this week. (Ministerial cheers.) With regard to the Bill itself, he did not propose to discuss at large the whole question—the very important question and one which fully deserved thorough discussion—the question of railway policy in regard to retrenchments and the railway policy at large in various directions, or any of those matters, which although important and to some extent concerned with the events dealt with in the Bill, were not properly relevant to this matter:

NOT AN ORDINARY STRIKE.

And the House, he was glad to notice, had taken that view. He made this statement because he did not want any misunderstanding to arise, the idea to be taken that there was any intention on his part to burke a full discussion of these matters. There was a proper time for the further discussion of these matters. They might discuss them fairly on the Bill of which he had given notice this afternoon. Then they could deal with the whole position; but he thought a more fitting time would be on the discussion of the Estimates. There was one thing that had struck him not only in the discussion in that House, but the attitude adopted throughout the whole country with regard to the events that they were dealing with. That was the curious avoidance of the true nature of the cessation of Work which led to their troubles in January. These things were spoken of as though there had been a cessation of work between an ordinary employer and his employees, as though the men who ceased work had a right to cease work. The right hon. member for Victoria West had rightly called attention to the matter, but it had been curiously lacking, not only in the course of that debate, but in discussions that had taken place throughout the country. What was the true nature of the strike? It was not a cessation of work in the ordinary sense. What happened with these railwaymen, unhappily deluded, bamboozled, duped by the rascals who had misled ‘them into their ruin. (Ministerial cheers.) They committed mutiny against the State. They were in exactly the same position as soldiers and sailors were towards the State. (Ministerial cheers.) They had not only broken their contracted obligations as between employer and employee, but an obligation rested on them as servants of the State to stand by their duty. They broke their duties and they rebelled against the State. They could not possibly discuss this matter unless they recognised that fact.

NO EXCUSE FOR STRIKERS.

This was in every respect a mutiny, just as a mutiny of sailors or a ship or soldiers against their commander. It was a mutiny, and in that respect the matter had to be settled and dealt with. By the law of this country there was no excuse for such an action. It became a statutory offence—really a criminal offence. Some pernicious arguments had been raised about a lawful excuse, but anyone well acquainted with the reading of their laws would see that that was irrelevant. The law allowed no excuse—no excuse whatsoever. For the man who deliberately deserted his post the law made no provision. He agreed with the right hon. member for Victoria West— there was one omission from their law on this point, unhappily, else various gentry would have been laid by the heels, the people who incited railway men were, unfortunately, in certain parts of the country, not liable to the law. In the Transvaal they were. Had hon. members of that House, who had made speeches in Cape Town, and other people, made these speeches in the Transvaal they would have been extremely lucky to have escaped prosecution. He thought it right to emphasise this aspect of the matter. Members who had made speeches and who ought to have known better, ought not to escape public criticism for their action. He would begin with the leader of the Labour Party in this House, a gentleman of education, a gentleman who ought to have known, if he did not know it, what his duty was as a lawgiver. Upon his shoulders rested the responsibility of framing laws for the people of this country, and he had to bear his share of the law and was in fact a party to the measure which had now been broken. The hon. member so far forgot his duty that he actually incited railway men to stand firm—by what? By their duty to the State? No, in their treason to the State. He so far forgot his duty, that at Johannesburg in the time of their trial, he incited the servants of the State to abandon their duty. (Ministerial cheers.)

THE “WORST OFFENDER.”

But much the worst offender in this respect had been the hon. member for Springs. (Labour cheers.) (Mr. QUINN: He glories in it.) The glory and the shame displayed by the hon. member he did not want to deal with. (Ministerial cheers.) The hon. member for Springs, together with the hon. member for Roodepoort, took it on themselves to come and attack a fort which he, the speaker, was happy to say they found impregnable. They came to pay their attentions to Cape Town. Although they met with a certain measure of success he was glad that their mission failed. He would deal with one matter of a long list—a long list and he was sorry to say a black list. He understood that both hon. members gave this House to understand that they were in no way responsible for the cessation of work on the part of the dock labourers of the Harbour. He paid particular attention to the speech of the hon. member for Springs, and he noticed that he was very careful to say whether he had been there at all.

Mr. W. B. MADELEY (Springs):

I went to the Docks twice.

A “PERNICIOUS DOCTRINE.” The MINISTER OF RAILWAYS AND HARBOURS (continuing)

said he would tell the House what had happened, and he would challenge the hon. member for Springs to deny these statements. He was not going to rely on newspaper reports, but he would first of all let the House know what, according to the Press, happened at the Docks. The speaker proceeded to quote from a newspaper report and went on to say that Mr. Madeley had then launched out into a characteristic speech. (Ministerial laughter.) Mr. Madeley said that “what he wanted the workers to realise was their class consciousness.”

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

Hear, hear.

The MINISTER OF RAILWAYS AND HARBOURS:

I despair of the hon. member for Jeppe. (Labour laughter.)

Mr. CRESWELL:

Your class consciousness!

The MINISTER OF RAILWAYS AND HARBOURS

said there was nothing so pernicious in the whole of the doctrine of the hon. member for Jeppe. There was nothing so pernicious as this. Continuing to quote, the Minister said that a bystander asked, “What about the Dock labourers?” “Most decidedly the dock labourers must come out,” the Minister went on to say Mr. Madeley was reported to have said, quite regardless of his duty as a member of Parliament, quite regardless of the duty of the men he was addressing, and quite regardless of the number of coloured men there were in the crowd. The Minister went on to state that Mr. Madeley had further said that “every worker in the employment of the railways and harbours must come out.” The Minister went on to say that another speaker, who got on the wheel of the wagon, pointed out to the men that the “leaders of the strike had nothing to lose.” People were apt to forget that the leaders were not workers, commented Mr. Burton.

Mr. H. W. SAMPSON (Commissioner street):

Liar! (Cries of “Order, order.”)

Mr. SPEAKER:

What did the hon. member say ?

Dr. D. MACAULAY (Denver):

Liar, sir.

Mr. SAMPSON:

I wish to withdraw that word, sir, before you order me to do so. (Cries of “No, no.”)

Mr. SPEAKER:

I call upon the hon. member to apologise to this House.

Mr. SAMPSON:

I apologise to the House, sir.

A MEETING AT THE DOCKS. The MINISTER OF RAILWAYS AND HARBOURS (proceeding)

said the Post-master at the Docks had intervened in order to stop the evil, and he (the Minister) had an affidavit sworn by that gentleman. In his affidavit the Postmaster said that he was present at the meeting held by Mr. Madeley and Mr. Arnold Smith and that that meeting was composed of 75 per cent, of coloured labourers. He heard Mr. Made ley say that a general strike had been decided upon, that a general strike of all trades would be held, and he called upon the coloured dock labourers to throw in their lot with them. Mr. Madeley told them that it would be better for their wives and families if they supported the movement. (Hear, hear.) Continuing, the Minister said they now knew what had happened to the wives and families of the strikers, of those who supported the movement. They might have read a report in that morning’s paper of what had happened at Germiston, where Mr. Colin Wade had moved a resolution at a meeting of the Town Council asking that representations should be made to the mine-owners and the Government asking them to find work for the unemployed. It was when the fruits of those people’s work came out that they found there was no restriction, when an appeal for assistance was made, between class and class. (Cheers.) Then they were asked to find food for the wives and families of those people.

Mr. W. B. MADELEY (Springs):

What about the eight thousand before the strike?

Mr. SPEAKER:

Order. The hon. member for Springs is constantly breaking the rules of this House, and I will have to take a certain step if he does not cease to do so. (Cheers.)

The MINISTER OF RAILWAYS AND HARBOURS,

quoting from the affidavit of the Docks Postmaster, said Mr. Madeley had said that every worker in the employment of the Railway and Harbours must come out. The Postmaster had pointed out at the meeting that it would be his class who would be called upon to assist afterwards. He (the Postmaster) had heard Mr. Made ley telling the coloured audience that they were equally as good as Mr. Merriman— (laughter)—that they had as much right to ride in motor-cars as others. The Postmaster stated in his affidavit that he had pointed out that Mr. Madeley’s case was a bad one. The coloured boys came out on strike the following morning—four hundred of them. He (the Postmaster) stated he felt confident that they would not have struck had it not been for Mr. Madeley’s speech on the previous day. The Minister also read an affidavit from the manager of the Cape Town Stevedoring Company, in which it was stated that a number of employees had struck work. The manager stated that he had experienced no difficulty with his labourers before the meeting addressed by Messrs. Madeley and Smith. He (the speaker) also wished to refer to the hon. member for Uitenhage, who was now in his seat. He understood that that hon. member had objected to a report of a speech made by him at Bloemfontein. The newspaper report stated that the hon. member had gone to the strike headquarters and had stated that they saw very much eye to eye, and that they had a strong friend in General Hertzog.

MR. FREMANTLE’S LETTER.

He (the Minister) did not know whether the hon. member still denied that report, but there was a letter addressed by him to one of the newspapers explaining things; he thought it was the “Eastern Province Herald.” He dared say that the hon. member by that time had found out that he had made a mistake! He supposed his hon. friend did not deny the letter. The letter stated that the writer had been anxious to elicit the views of the strikers, and at that stage the hon. member was going to the strike headquarters to see whether he could find a solution of their difficulties. Yet he was a member of Parliament, responsible for the passing of the law, responsible for carrying it out—still he went to see men who had rebelled against the State, who had failed to carry out their duty and had not been faithful to the conditions of their service. The hon. member went to see them and to cheer them. If the Government had forfeited his confidence a hundred times the hon. member had no right to incite men as he did. The hon. member had said he would express no opinion as to the merits of the strike. That, continued the Minister, was his conception of his duties as a member of the Legislature of this country— there was an exhibition of an entire lack of an appreciation of his duty by a responsible member of that House. The hon. member in his speech at Bloemfontein had led the men to understand that he was with them, that they were right, and that the Government was not to be trusted, and that they must go on. That was the construction he put on it—“Go on; my heart is with you. ” (Labour cries of “Quite right.”) Any man who had used those words at that time had earned the contempt of every hon. member of that House. (Cheers.)

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

on a point of order, asked whether the Minister was entitled to say that a member had earned the contempt of every hon. member of the House.

Mr. SPEAKER

said that in the circumstances the Minister had been in order, it being merely an expression of opinion. (Laughter.)

The MINISTER OF RAILWAYS AND HARBOURS

said that if the hon. member (Mr. Fremantle, had had a due sense of his responsibility he would have gone to Uitenhage during the strike, and not left it to the local men to keep the men at their posts. The Minister continued to quote from Mr. Fremantle’s letter to the “Eastern Province Herald.”

“E. P. HERALD.”

The proposals were: (1) Making the conditions of labour such that they may provide a contented and happy career for any self-respecting citizen. (Laughter.) This was to be secured by (2) creating a feeling of confidence and sympathy between employers and employed and (3) establishing a sympathetic and impartial Government with sincere care for the workers’ interest, with due regard to the interest of the employers. (Laughter.) There was no doubt (observed Mr. Burton) that this was epoch-making. (Laughter.) Then it was also proposed (4) to create a feeling on the part of the workers Of content for the present and confidence for the future. (Renewed laughter.) Well, he supposed these Utopian conditions would be reached when the hon. member for Uitenhage held the portfolio of Minister of Railways in a Government to be formed by the hon. member for Smithfield. (Laughter.) He could quite imagine that those happy days, those halcyon days, would come to this country when that happened. He could not conceive anything more effective in the way of comment than the comment of the editor of the “E.P. Herald,” who said: “If anyone can extract comfort from the extremely vague and wishy-washy resolutions which Mr. Fremantle quotes with so much unction he is welcome to do so.”

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

On a point of order, Mr. Speaker, the Minister has mentioned la member by name. I understand that that is out of order.

Mr. SPEAKER:

I do wish that the hon. member for Jeppe would not trifle with the House and the Chair. (Hear, hear.)

The MINISTER OF RAILWAYS AND HARBOURS (proceeding)

said that after the speech which had been given by his hon. friend the Minister of Finance— a speech which he thought they tall felt was deserving of every commendation—he proposed merely to call attention to a few of the outstanding features of this matter, more especially connected with the railway. The hon. member for East London charged him the other day, when he spoke, with having been responsible to some extent in this matter, and said that he had recognised Poutsma.

Col. C. P. CREWE (East London)

said he did not put it that way exactly. What he said was that the Government had inferentially acknowledged that Poutsma was the channel of communication between the men and the Administration.

The MINISTER OF RAILWAYS AND HARBOURS:

Yes, that I had recognised Poutsma as the channel of communication. I plead guilty to this. I plead guilty to having accepted the advances made by Mr. Poutsma when he first became the secretary of the Railway Society to deal on behalf of the men in representing their views. But I did it in order to endeavour to take a step in what seemed to be the only possible direction to show the men that the Administration was not, as so many people supposed, hostile to their interests. Proceeding, he said he took the step—he admitted now it might possibly be regarded as having been a false one, but it was taken bona fide—of dealing with this man because he had always held the view that it was the duty of a Minister to be accessible to every man in his employ. When Mr. Poutsma became General Secretary of the Amalgamated Society they had had a great detail of trouble with the previous one, Mr. Nettleton, and Mr. Poutsma came to his office after he had been elected and said he was going to introduce an entirely new system. He said that hitherto there had been an atmosphere of hostility and that the men had been set against their superiors. What he proposed to do was to deal with the Administration through the Administration in order to arrive at an amicable arrangement and get the position of the men placed on a satisfactory footing.

MR. POUTSMA.

“He came to me,” the Minister went on to say, “and I must tell the House that he cooed like any sucking dove. I must confess I was taken in. More than that, he took in one of the most hard-headed men in this country, the General Manager of Railways.” Mr. Burton proceeded to say that this was during the latter part of 1912, when Mr. Poutsma, in the course of a statement, said he had assumed his duty on the distinct understanding that the Society would stand aloof from politics and establish friendly relations between the Administration and the Society. He also added that he did not believe in revolutionary weapons. Mr. Poutsma, as he had said, met the Administration. They hoped that, if he were honest in his representations, there might be a prospect of getting matters placed on a more satisfactory footing. But very soon they found out that Mr. Poutsma cooed in a very different way indeed. They found out that, as soon as he had got into the confidence of the Administration and had obtained information which he could not have got otherwise, he proceeded to instil into the men with whom he had influence the very worst sentiments and views in regard to the people who were their masters. He proceeded with the propaganda that the Administration was hostile to the interests of the men and that their natural attitude and their whole attitude was one of hostility. No more unfair charge could have been brought in this matter than the charge against the General Manager of Railways, who was one of the most devoted public servants in the country, but when they had people who were “out” for trouble and whose object was to create an atmosphere in the men’s minds of utter hostility to their chief and their Administration, they would, of course, produce the results that Mr. Poutsma produced. Now the claim has been advanced very briefly by the hon. member for Jeppe that this trouble started with retrenchment. That was the merest pretext. If they wanted to get the true history and find out how things ran and what really happened in the railways and in the Society, he would recommend hon. members to study the most instructive letter written to the “Cape Times” by a man in the railway service called Holt, who was not merely a member of the railway service, but till last January the General Treasurer of the Amalgamated Society. It was a courage-ous and manly account of what took place. Holt described how this thing began as far back as February, 1913, when, whilst there was no question of retrenchment, invitations were issued for the purpose of meeting representatives of other societies in order to discuss the advisability of declaring a general strike.

Mr. T. BOYDELL (Durban, Greyville):

Immediately after the new regulations.

The MINISTER OF RAILWAYS AND HARBOURS (proceeding)

said that in his precious “Railways and Harbours Gazette,” Mr. Poutsma had disseminated, he supposed, more poison among the railwaymen of this country than any publication that had been known of in any country. It had been a vicious, poisonous, untruthful, and utterly contemptible publication. On June 2nd this periodical came out with the following: “The new regulations are in force and apparently they are working smoothly. On the surface the railway service seems much improved, at least as far as the important section of the men are concerned…. Our object is to congratulate the railwayman upon his improved conditions of service, and to remind him by what moans those improvements have been obtained. We have seen how, little by little, one concession after another has been forced from the Ministry ”

RETRENCHMENT A PRETEXT.

On February 2nd last year these gentlemen were putting their heads together to draw in other societies for the purpose of declaring a general strike. During the week ending August 2nd, 1913, Mr. Poutsma wrote to various branch secretaries as follows: “A general strike has been decided upon. Be prepared. The date is to be kept secret, but it may be in a month or a week or a day.” This clearly showed; how all this talk of retrenchment was a pure pretext to hoodwink. (Ministerial cheers.) On July 7th Mr. Poutsma’s paper came out with the following: “The railwaymen stand disgraced because by their inability to help the miners they have been compelled to help the mine-owners. … You are yourselves open to the epithet, scab.” On July 11th a meeting of railway workers was held at Johannesburg, at which Mr. Poutsma was supported by Messrs. Creswell, Andrews, Watson and Bain, and he made a speech, in the course of which he said that: “In future the railwaymen were not going to work on their own any longer.” Mr. Poutsma was asked if he were in favour of a revolution, and he replied that “It was not in the men’s power to declare a revolution or a general strike.” Meanwhile, Mr. Poutsma was the man of the moment; he was giving permission to run trains and was issuing ultimatums to Lord Gladstone and the Government. In this very last occurrence the Government had found from the secret code of these gentlemen that they had made the same preparations. The poor innocent strikers and the innocent Mr. Poutsma had a code which provided for such messages as “Executive agree to the running of a mail train,” and “The Executive do not agree be the running of the Imperial mail train.” They had it all thought out and carefully arranged—not with a view to the rectification of the men’s grievances, but with a view to getting possession of the machinery of the State —(cheers)—and doing what they called “running it.”

On July 12th, Mr. Creswell and Mr. Andrews awaited Mr. Poutsma’s arrival at Park Station. Interviewed by a Labour representative, Mr. Poutsma said definitely that “the railwaymen would federate with the Federation of Trades, and would be bound by the latter’s decisions. Although not actually affiliated with the Federation, the railwaymen would co-operate with it as though they were affiliated.”

If the House wanted to hear at what stage this sucking dove had arrived by that date, and if it wanted to see the whole theory of Syndicalism and anarchy fully and openly displayed, then he (Mr. Burton) would call its attention to one of Mr. Poutsma’s articles published on July 14th. In this article it was stated: “Government made a fatal mistake, because it brought upon itself a sympathetic strike. During the whole of Monday the control of the railways was transferred from the office of the Minister and the General Manager to that of the railwaymen’s executive, by whom it was decided what trains should run or should not run. It was apprehension by the Government of the railwaymen’s action that was the deciding factor in the strike. They had decided to combine forces, thus making white labour a solid body for the purpose of industrial war under a common generalship. (Ministerial cheers.) If the Government’s answer was riot satisfactory all the labour organisations would be required to come out on strike. Government will now have to meet one united army under one leadership. What they are threatened with is the universal simultaneous paralysis of industry. They are up against Syndicalism, not as a theory of the text-books, but as a working proposition—(Ministerial cheers)—as a mobilised industrial force on a war footing— (Ministerial cheers)—and if they are wise and conscientious men they will receive the fair terms that are going to be demanded in a fair and reasonable spirit without subjecting the country to an ordeal of such horror that no man can gauge.” (Ministerial cheers.)

THE MAIL TRAIN.

Well, they, had tried it since, and, thank God, they had failed. On August 6, Mr. Poutsma—this gentleman whom it was desired to have back in South Africa—(Ministerial laughter)—no doubt to resume hi pleasant and peaceful occupation—(laughter) —was the principal speaker at a mass meeting convened by the Labour Party and the Federation of Trades. At that meeting Mr. Poutsma moved a certain resolution. In the course of his speech, he said that he had consented to the running of the Imperial Mail from Pretoria, because he was anxious that his organisation’s letters should be sent to England. What a precious mail that must have been, Mr. Burton exclaimed. (Laughter.) Even the driver and fireman of that train, Mr. Poutsma further said, had to receive their instructions from the organisation. He further said that they must get the running of the country because they constituted nine-tenths of the population. On this occasion a speech was made by Mr. Sampson. He (Mr. Burton) presumed it was the same Mr. Sampson who represented Commissioner-street.

Mr. T. BOYDELL (Durban, Greyville):

Is the Minister in order in referring to the hon. member for Commissioner-street by name ?

Mr. SPEAKER:

It is a quotation from a paper.

Mr. BOYDELL:

On a point of order, it is exactly the same as the hon. member for Springs did the other day, when he was ruled out of order for making a quotation from a paper.

Mr. SPEAKER:

Oh, I have no recollection.

The MINISTER OF RAILWAYS AND HARBOURS:

I am not certain whether this Mr. Sampson is the hon. member or not.

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

Why quote it then?

The MINISTER OF RAILWAYS AND HARBOURS:

Because it is very good reading. Continuing, Mr. Burton said that in his speech Mr. Sampson had said that the people had obtained a vision of power and nothing in the world would efface that vision. (Labour cheers.) Even if it were only for a few hours, it was sufficient to send them forth to organise.

THE VISION OF POWER.

What was this vision of power? Was it a vision of power obtained by ordinary and constitutional methods, or was it a vision of power obtained by force and violence? Was it a vision of power obtained by constitutional methods or Benoni methods? It had been alleged that the labour. Organised labour was as free in this as in any other country. (Labour laughter.) But it was not so when criminal methods were adopted.

Mr. CRESWELL:

Deport their leaders.

The MINISTER OF RAILWAYS AND HARBOURS:

It is not free to overturn the State.

Mr. CRESWELL:

Deport their leaders. (Labour cheers.)

The MINISTER OF RAILWAYS AND HARBOURS (continuing)

said that if the Labour leaders and their unhappy dupes were so confident that their principles were right they should have the opportunity to prove to the country that their principles were right.

Mr. CRESWELL:

Have an election then.

The MINISTER OF RAILWAYS AND HARBOURS (continuing)

said that if they succeeded in a constitutional way in persuading the people of this country that their principles were right and returned a majority of members to that House, then the rest of the hon. members of that House would accept the constitutional position. Australia was regretting the state of affairs that prevailed at present, but according to the constitutional position that party in Australia had gained political power, and the people of Australia had honourably recognised that position.

Mr. CRESWELL:

They had to strike first.

The MINISTER OF RAILWAYS AND HARBOURS

said that while the huge mass of the people of the country were prepared to recognise that they were not prepared to recognise methods such as he had outlined. Continuing, he said that it was about this time that the question of the recognition of the Amalgamated Society came up, and Mr. Poutsma came to see him. By that time he had had enough of Mr. Poutsma, and he (the Minister) declined to see him. Mr. Poutsma immediately ’phoned this information to the leaders of the Federation of Trade Unions, who unanimously replied that they looked upon the refusal of the Minister as a rebuff and an insult that the Federation was not prepared to accept. (Ministerial laughter.) As hon. members knew, the Administration had decided that the Amalgamated Society should be recognised on certain conditions, and these were sent to Mr. Poutsma, in December, but not a scrap of notice had been taken of them.

STRIKE DECIDED ON.

In December there were more rumours of railwaymen being in a state of unrest and about Mr. Poutsma taking action. On December 31, at a meeting, Mr. Poutsma appealed to them as workers to show the Government that it was not master, but the servant of the railway workers. He said that they should show the united front in order to rule. Later a number of incidents—he would call it “melodramatic bunkum”—took place. To show the House what the value of all this stuff was, to show what they were really out for and the true position, would the House credit his statement that before he arrived at Pretoria upon this urgent Written summons the Executive of the Railway Society had already decided to strike. It was stated that the temper of the railwaymen was blacker than ever, and in his innocence he met a deputation. On the night he arrived they issued a circular calling a meeting in the Town Hall for the purpose of informing the men of the decision of the executive with regard to striking. On the Tuesday they came to see him, having decided to strike. He met four of them, and he would like to say it was soon plain to him that the other three men were completely in the hands of Mr. Poutsma. They fired off their ultimatum at his head, and whenever any of the other three were inclined to discuss some of the difficulties Mr. Poutsma whipped them up with a round turn. He (the Minister) got tired of it. After he had tried all means in order to discuss these matters he saw that the gentle Poutsma was determined. The minds of the railwaymen were whipped up because of the alleged discourteous way in which the deputation had been treated. At the meeting one of the railwaymen who came to see him specially thanked him for the courteous manner in which he had received them, and said that if the men could always rely on such a reception things would be better. The fact was that he (Mr. Burton) would not allow Mr. Poutsma to browbeat him in his own office—he was overbearing, truculent. While the strike was going on—to show the fatuous condition of the minds of these people, and while things looked as though the strike would, as it did, fail—he received a series of ultimatums from the committee, from different gentlemen, because some of them went to gaol. (Ministerial laughter.) They sent a letter on January 9 and laid down five conditions for the basis of settlement. The fifth condition was the retrenchment condition, and the other four had already been referred to the Commission of which Mr. Poutsma was a member. (Ministerial laughter.) On January 13 he received another practically to the same effect, and the last came to him on January 15. As a final condition in this letter they stated: “The future administration of the railways and harbours to be in the hands of the joint boards composed of equal numbers of workers and a Government nominee and an independent chairman.” (Ministerial laughter.)

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

Why not?

The MINISTER OF RAILWAYS AND HARBOURS (continuing)

said that this was a sample of the hopeless ideas drummed into these unhappy men’s heads. That showed the condition of mind of those people; it showed they were not prepared to have their grievances redressed by constitutional methods, but that they wished to get the board for themselves and to obtain a part in the government of the country by other means.

BLOWING UP TRAINS. Mr. F. H. P. CRESWELL (Jeppe):

By stopping work.

The MINISTER OF RAILWAYS:

By blowing up railway trains. (Cheers.)

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

Prove it. Does the hon. Minister wish to associate us with the blowing up of railway trains?

Mr. SPEAKER:

The Minister is perfectly in order.

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

Take it back.

Mr. SPEAKER:

I am afraid the hon. member will have to leave the House presently (Cheers.)

The MINISTER OF RAILWAYS AND HARBOURS

said he would come to the matter of the deportations. He, as a member of the Government, had not acted as a constitutional lawyer when he agreed to the deportations, but he acted in the bona fide conviction that the deportation of the leaders of the movement was in the interests of public safety. (Cheers.) Many hon. members differed from him; many men differed whose opinions he had the greatest respect for. It made a great difference what aspect they viewed the matter from. (Hear, hear.) The atmosphere in which they had all lived at the time of the strike was impossible to describe. They could not convey to people who were not there a proper and true sense of the atmosphere they were in, nor of the danger to public safety. The further they receded from a danger, the less they realised it until the next time. He made no apology for what had been done. If he had to decide again, he would make exactly the same decision. He had acted from a bona fide conviction that it was necessary for the safety of the country that the men should be deported. Their action was a very serious departure from ordinary practice—it was illegal—and he admitted they had punished men who had not been tried. But they should not spin webs about the matter—they should not argue about constitutional theories. (Oh! oh!) He was not going into that question; he was not going to deny it, and’ he admitted it was illegal. It was entirely illegal, grossly illegal, but so was every act of theirs under Martial Law. (Hear, hear.) The men who were deported were not the only men who were imprisoned; they were not the only men who were arrested.

THE DEPORTATIONS.

It might seem hard for some hon. members to follow that, but once they admitted that the Government was justified in declaring Martial Law, then he said the question of the deportation was a question on degree. On what grounds could they distinguish between that act and any other under Martial Law? They were considering a Bill which would give the Government indemnity for all illegal acts, or he would call them extra legal acts. There was one test, and that he would abide by. The House was to consider actions and pass judgment, and they have got one test of the Government’s conduct. Let them take the Bill. What did they propose to indemnify the Government for ? For all acts done in good faith. That was the first essential. The second was that the act must have been done for the maintenance of good order and public safety.

Mr. M. ALEXANDER (Cape Town, Castle):

What about perpetual banishment?

The MINISTER OF RAILWAYS AND HARBOURS:

Perpetual banishment is not an act we are asking an indemnity for, and it has nothing to do with the indemnity of the Government. We are dealing with the deportations. Continuing, the Minister said: Was there any member of the House who condemned the act who, thought it had been done with malice prepense? (Cries of “Yes.”) Was it done without just cause? (“Yes.”) One scorned to argue. (Cheers.) With regard to that act, they were faced with that position, and they came to the conclusion, after long, careful, and most anxious deliberation. Although the action they took was open to misconstruction, that action was for the benefit of South Africa. (Hear, hear.) Had it been necessary for the safety of the State? The hon. member for Fords burg had urged that they should not adopt a method of that kind as an expedient. It had not been a question, of expediency, it was the safety of the State that was involved. Every single member who had spoken on the Bill, with the exception of those on the cross-benches, bad agreed with the Government that the deported men were enemies of this country, that they had been engaged in a deliberate attempt to overturn existing institutions, and that they were a danger to the peace and good government of South Africa. (Hear, hear.) He had not heard a single member of the House deny that—they knew perfectly well that those men constituted the real white peril of this country. The hon. member for Victoria West said that the evidence of a conspiracy was very flimsy. He regretted the use of that expression, because great attention was paid both there and elsewhere to what the hon. member for Victoria West said, and his whole speech from beginning to end confirmed the Government’s action. It showed them that concerted action was being taken by those men, that they had a common aim and a common plank. The hon. member for Cape Town had said that the object of the men was chaos—he said they had not been too hardly punished, but still he boggled about “no trial.” He found no fault with that. Personally, by his antecedents, by his friends, and by his training, he ought to take the same view. (Laughter.) But he didn’t. (Renewed laughter.) He didn’t, because he had been through the mill. He understood these things, and he understood its real danger.

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

You don’t; you have a lot to learn yet.

QUESTION OF A TRIAL. The MINISTER OF RAILWAYS AND HARBOURS (continuing)

said the hon. member for Fordsburg had stated that if these men were criminals, as the Government alleged, they should be tried. In the first place, he (Mr. Burton) would point out that ordinarily the provision of a trial for a man in a court of justice was required because the crime with which he happened to be charged had been committed in such a fashion that they could not without evidence establish the commission of that crime. Here he thought it was a fair thing to say that in the opinion of practically every member in that House who had spoken these men had convicted themselves notoriously in public.

Mr. H. W. SAMPSON (Commissioner street):

On your word.

The MINISTER OF RAILWAYS AND HARBOURS

went on to say that their actions in the face of the public were notorious. So far as their danger to the State was concerned, there was no proof wanted. (Hear, hear.) All this talk about trial, constitutional law punishment, and so forth, was not to the point. Their main business was not the punishment of these men. When they sat considering what they should do, their motive, their objective, was not punishment. Their supreme motive bad nothing to do with the punishment of these men. It had to do with their removal as a danger to the safety of the State. (Ministerial cheers.) How would their trial affect this? The right hon. gentleman and others had stated that they bad made heroes and martyrs. Let them imagine a series of trials of these gentlemen; let them conceive in whatever tribunal they liked to set up, ordinary courts or special courts, what would have gone on. They would have had great difficulty in some respects in prosecuting, in presenting particular legal charges. Let them picture the trial in Johannesburg or elsewhere of Mr. Bain and his friends coming in one after the other with a crowded Court, crowded with people watching the progress of events, hanging upon the lips of Mr. Smith or Mr. Tatham or somebody else, and going out with the red flag and cheering as soon as the court was over, and Mr. Bain addressing excited crowds in the Trades Hall. These were the things that would have gone on, and they would have made these men ten times more heroes and martyrs than they had done under present circumstances.

DANGER OF DEPORTATION?

What was it that this country required, and required with practically a united voice, in regard to these people? It was not their punishment; it was that the country should be rid of their presence and their presence, whether they were free or whether they were in prison, would have been a danger to this country. (Cheers.) The sentence they would have required, the only sentence to meet this case, would be banishment. They all knew that this was an obsolete sentence and that no courts of law passed that sentence now. These people had not been too harshly treated. The right hon. the member for Victoria West suggested that these men should come back to be tried. Well, he (Mr. Burton) thought that that was not practicable. (“Why?”) The first and strongest reason was that they didn’t want them back. (Laughter and cheers.) The second was that if they let them come back—and he was not sure that there would be a great rush back to the Cape to face the prospect of a trial— even then they could not have this sentence of banishment, which was, he might say, the only thing that really met the case, imposed upon them, except by ex post facto legislation. The right hon. gentleman (Mr. Merriman) made great play of the danger of this principle of deportation, and he was afraid that he was in danger himself, or might be. He was afraid that the hon. member for Smithfield might be.

Mr. H. C. HULL (Barberton):

He was in danger once.

The MINISTER OF RAILWAYS AND HARBOURS:

I don’t think the right hon. gentleman was ever in much real danger. (Laughter.) He says now, “We might be deported.” I sincerely hope they will if they commit acts such as these men did. (Cheers.) That surely is the answer to the right hon. gentleman’s suggestion that you might get some political party in power with its majority deporting the minority. Surely that is applying a very strained test to this case.

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

A test of history.

The MINISTER OF RAILWAYS AND HARBOURS:

No, it has never been carried out, at least not here. Proceeding, he said that this was not a question of constitutional law. It was a question purely of public safety and a question of the right, the reasonable right, of the citizens of this country to go about their business in peace and quiet. (Cheers.)

WHY THE STRIKE FAILED.

The right hon. gentleman had said that the general strike was a fiasco. It was a fiasco, but let him tell the right hon. gentleman that it was only a fiasco because they proclaimed Martial Law. Had not Martial Law been proclaimed they would have seen a very different state of things. (Hear, hear.) They could not have demobilised at that stage unless they had sent their friends, Messrs. Bain and Co., across the water. There was no question that when they went the thing was by no means over. The general strike was only declared off “until further notice.” It was believed that these people were “undesirables,” undesirable in the highest degree, not merely politically, but socially, and in other respects. They were antagonists to the State and to society. The state of public feeling in the matter was clearly established by the wonderful response made by the whole community to this call. An observation had been made that these occurrences had revived racial strife and all sorts of things in this country. He knew of nothing that had gone so far to bring the two white races together in common defence in this common cause. (Cheers.) Young South Africans, both English-speaking and Dutch-speaking, their common action on this ground had done wonders in that direction. So far as language was concerned, so far as the “taal” was concerned, he would tell them that what had taken place in this matter had done much more for it than all the propaganda of the hon. member for Smithfield. (Hear, hear.) The deportation and prohibition of people here was not based upon crime alone. It was not even based upon crime as crime. The common ground of all, the principle which underlay the whole thing, was the principle that they were dangerous to the State. (Hear, hear.)

SOUTH AFRICA AND THE EMPIRE.

In conclusion, Mr. Burton said: A complaint has been made by the right hon. member for Victoria West (Mr. Merriman) that we have struck a severe blow at the Empire. I regret very much that he should have said that, because, although we might have caused a good deal of embarrassment to the present British Government and the Liberal Party, it is difficult to see in what way we have struck a blow at the Empire. I do not know how our action can be construed as a blow against the Empire. Unhappily we have by our action undoubtedly caused serious embarrassment to a Government which from our point of view has consistently shown itself most friendly to this country. This has been a matter of the deepest regret to us, but before we took this action we realised perfectly well that embarrassment and difficulty would be caused, but we took the step we did because in spite of that, and having been actuated by the friendliest possible feelings towards the British Government and the Empire as a whole, we still felt that in the interest of South Africa, which should come first—(Loud Ministerial cheers)—we took the right course.

With reference to the speech of the hon. member for Smithfield (General Hertzog) I listened to it the other night very carefully, but throughout the whole of that speech the hon. member did not say a single word in condemnation of the actions of the strikers. (Ministerial cheers.) But he was largely concerned with the troubles which we had caused the British Empire. The hon. member has made South Africa ring with academic discussions of all sorts about our relations with the Empire at a time when things were peaceful and orderly; at a time when such a discussion was entirely unnecessary he made South Africa ring with his great principle, “South Africa first.” He has taken up the most determined attitude about the interests of this country coming before the interests of the Empire. But, alas, for the difference between precept and practice and theory and practice this is the first occasion that has arisen when we are faced to that extent— not a very great extent—with a concrete case, we are faced with a difference in the interests of this country and the interests of England. Here the very first time you get to a concrete case the hon. member’s principles, which have caused so much trouble, are thrown to the wind. (Ministerial cheers.)

Reference has been made to the Indian question, and here I regret the matter has been dragged into this debate. I only want to say in regard to that matter, as well as in regard to the matter with which we are now dealing, we may have made mistakes, we may have gone wrong here and there, but our action in regard to the Indian question and the deportations of these men has been dictated purely by our desire that the interests of this country must come first. (Ministerial cheers.) If we were faced with similar circumstances in a similar position, all I can say on behalf of myself, as well as on behalf of my colleagues, is that we should be forced to do exactly the same thing. (Ministerial cheers.)

SPEECH BY SIR THOMAS SMARTT. Sir T. W. SMARTT (Fort Beaufort)

said he regretted in the speech just delivered by the Minister of Railways and Harbours there should be the shadow of the unfortunate political quarrel which seemed to divide hon. members on the opposite side of the House. (Hear, hear.) The question under consideration was one of too great importance to allow a matter of that sort to be brought before the House so prominently. No one disagreed more strongly than he did with the actions of certain hon. members opposite, and while it was perfectly legitimate that those actions should be criticised, they should be criticised not from a party point of view but from the point of view of the general interests of the country. He therefore regretted that the Minister of Railways and Harbours, at the end of his admirable speech, should have brought into the discussion the question whether the interests of South Africa or the Empire should come first. That question should not be discussed at this particular time, because that which was in the interests of the Empire was also in the interests of South Africa as an integral part of the Empire. (Opposition cheers.) There was a notable omission in the Minister’s speech. He thought the Minister was going to deal with the regrettable occurrences of last July, which led up to the unfortunate condition of affairs of last month.

The MINISTER OF RAILWAYS AND HARBOURS:

I was not here then.

Sir T. W. SMARTT:

But the hon. member was here shortly before when the question was discussed in the House. The measures taken by the Government in January (went on Sir Thomas) had caused the country to forgive, though not to forget, the almost criminal negligence of the Government in June last. (Opposition cheers.) After all the indecision, the countermanding of orders, the flouting of the advice of the responsible officers of the Crown, and the refusing to take the advice which they were constantly given, were matters of very serious concern.

GOVERNMENT’S ONLY EXCUSE.

The only excuse that could be possibly made for the Government was that not having foreseen what the condition of affairs would be, it was so busy with its own internal affairs that it did not attempt to investigate the condition of affairs existing at that time. During the middle of June the position of the country was brought before the House and the Minister of Railways and Harbours, who stated that practically all the grievances had been dealt with, and the few that had not been dealt with were on the way to be thoroughly considered. The Minister added that hon. members could go to their homes, and that there was no danger of any sort of calamity such as occurred 14 days later.

In connection with these occurrences at Johannesburg he (Sir Thomas) would say that before the police were armed or a shot had been fired the most outrageous state of affairs existed in the streets of Johannesburg. How people could now come forward and say that it was the action of the Government that led to this dreadful condition of affairs, it was utterly impossible to understand. The country was largely indebted to the citizens of Johannesburg for coming to the assistance of the State. If they had not assisted to maintain law and order it would be dreadful to contemplate what might have been the position of affairs on the Rand. But if the Government, had taken the responsible people out of the Trades Hall last July an end would have been put to the trouble. However, the humiliation which the Government suffered on July 4 and 5 led it to put its house in order, and it made adequate preparations in which it had the support of the vast bulk of the people. In the declaration of Martial Law and in the calling out of the Defence Forces the Government had behind it the support of the vast majority of right thinking people.

APART FROM PARTY.

Continuing, the speaker said that the first duty of a Government was to preserve law and order, and there were certain times in the history of a country such as this when the Government, in the interests of the State, had to take special precautions, and when taking these precautions in the interest of the State the interests of the individual must be sacrificed for the interests of the whole. What was the position last January? The question was, whether they agreed with the Government or whether they did not, and whether the Government was the properly constituted administrative authority for ruling the country or the Trades Hall junto? That was the question. It was not a question of party, it was a question of whether law and order was to be maintained by the hon. gentlemen who sat on the Ministerial benches. It was under these circumstances that he, and he thought a good many others wholeheartedly, outside of all party considerations, considered it their duty to stand by the Government in its day of trial. If there were people who did not consider it was their duty to stand by the Government and to follow party considerations, then it was for them to render an account to the country. Because, after all, the seriousness of the position was laid down in this Blue-book. The cold neutrality of two impartial judges showed what the condition of affairs was like. They showed the true condition of affairs in June and July, when nobody’s life was safe, when people, who were brutally injured and beaten and kicked, were afraid to complain to the police, because there was no protection, Did anyone attempt to argue that these things would not have occurred again? When people here talked of a legitimate strike he thought that the report before them clearly showed that if the Citizen Forces had not been called out a more disgraceful state of affairs would have occurred in January than had occurred in July.

BURKE QUOTED.

Under these circumstances the thanks of the House and the country were due to the Citizen Forces of this country for the manner in which they responded to the call of duty. He himself saw in the streets of Cape Town boys of 17 taking their places in the ranks of the Citizen Forces and defending railway and other property against outrage. This was a thing of which the country might be proud—the response of the people of this country to the call of duty. The hon. member for Jeppe had criticised him (the speaker) and the Opposition for the attitude they had taken up in this particular state of affairs. The hon. member was, he believed a student of history, as he believed he spent much of his time in the Library, and was a great admirer of Burke, he would quote the latter as sufficient justification for the action they had taken. “When bad men combine the good must associate.” (Ministerial and Opposition laughter.) It was difficult for hon. members on the cross-benches to understand that in times of crisis members of that House should stand by the Government, irrespective of political considerations or party advantages. The hon. member went on to quote a statement from Burke that when half a dozen grasshoppers in the ferns made a field ring with their importunate voices it must not be thought that they were the sole inhabitants of the field. (Ministerial and Opposition laughter.) After what they had heard from hon. members on the cross-benches one might really imagine that this quotation of Burke’s had been written, as the hon. member for Port Elizabeth remarked, in anticipation of the six hon. gentlemen who represented, or rather misrepresented, the Labour interests in this country. Those hon. gentlemen had the assumption to come to that House and charge the Government with regard to the hundreds of people who were leaving the country. Whose fault was it that these people were leaving? These people were leaving because of the pernicious doctrine preached by the hon. member for Jeppe and his friends. (Ministerial and Opposition cheers.) Then the hon. member for Jeppe talked about the vague allegations that had been made on the characters of those righteous men. (Laughter.) Were these allegations vague? asked the hon. member, holding up a copy of the report of the Disturbances Commission. Were the statements of the hon. member for Troyeville vague allegations? Were the allegations of the Minister of Railways and the allegations of other hon. members who had spoken in the course of that debate, and the statements of the right hon. member for Victoria West, vague allegations? The hon. member for Jeppe had said that he was not going to disown his friends now. He dared not do that. He knew that. They were talking of burning the hon. member in effigy until hon. members on the Ministerial benches opposite made him out to be a hero. He had been rehabilitated by the Government, and he was not satisfied. (Ministerial laughter.)

A CONDITION OF WAR.

Then the hon. member for Jeppe thought there was some justification for the attitude taken up by some of the gentlemen who had gone because they were persona grata with hon. members on the Ministerial benches—because Mr. Poutsma was teased in that House that there was very good reason why he should be kept in the country. Because the Minister of Finance, showing that extraordinary social manner which characterised him, clapped Bain on the back and said, “Hullo, Tom Bain,” the hon. member for Jeppe thought there was justification for saying that he was of an upright character, and was a fit citizen for this country. If there was any doubt as to the character of the movement in July and the character of the movement in January, he thought that that doubt had been removed by the many quotations that had been made in that House. But nobody removed it more strongly than the hon. member for Jeppe, who said, “That they regarded the condition as war.” He made a charge upon him, the speaker, because he went to the Salt River Works and told the men that the proper place for the discussion of their grievances was that House. He thought that the reason why grievances were not more readily redressed was owing to the action of hon. members on the cross-benches, who did not want these grievances redressed. They heard a great deal about Trade Unionism. He believed that the vast majority of the members of that House were in favour of legitimate Trade Unionism, and he would quote a few statistics dealing with Trade Unionism in Australia, which, he thought, might prove of interest to the workers of that country, and he hoped that the railwaymen of the country would take these statistics well to heart. In Australia, in 1912, the total Trade Union receipts amounted to £199,000, made up of contributions of members £179,000. interest £1,600, and other receipts £18,000. He hoped the working-men would take notice of the fact that out of that amount—out of the total expenditure—the sum of £24,610 only was spent in benefits.

AUSTRALIAN UNIONS.

During ten years, up to 1912, the sum of £1,130,311 had been paid into Union funds by way of contributions. Of that sum, £1,054,000 had been expended in management alone. Was it any wonder, therefore, that there were troops of agitators of that sort? (Hear, hear.) He hoped the working-men of this country would take note of those figures. When the House dealt with industrial legislation, he hoped it would be their duty to see that funds were rot squandered for the purpose of establishing agitator after agitator, whose occupation would be gone if those funds did not exist. It reminded him of an excellent quotation— of the large number of people who put a penny into the urn of poverty with one hand, and with the other took a shilling out. That was borne out by the figures he had quoted. His hon. friend

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

Hon. member!

Sir T. W. SMARTT:

I will call him the hon. member. If the courtesy of this House did not require it, I would leave out the prefix. (Laughter.) Might he tell the hon. member the reason he went to Salt River?

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

I know the result.

Sir T. W. SMARTT (continuing)

said the result was that the vast majority of the staff did not listen to the hon. member for Roodepoort, but were loyal to their employers. (Cheers.) He went to Salt River because for some years he had dealt with those people, and he had found them one of the most admirable classes of public servants any country could have. He had thought it was his duty, when they were told that they had only got to strike and break the law, and that the Government would be at their call, to go and speak to them. He knew many of the men personally, and he would have been false to his duty if he had not gone and reminded them of their obligations, and of their wives and families. What was the result? The result was that the vast majority of those people remained at their posts, and the country could well be proud of the permanent fixed establishment men, especially in the Cape Province. He hoped, when the time came, that the action of those men would be recognised by the Government and the House, and that they would let it go forth to the public that, in a period of great crisis, the House would not be forgetful of the public servants. When the Minister brought forward a proposal to recognise the services of those men he would get the support of the whole of the House, with the exception of the six grasshoppers (Laughter.)

“SIX GRASSHOPPERS.” Mr. F. H. P. CRESWELL (Jeppe):

The hon. member cannot be offensive to us; but is it not offensive calling hon. members of this House grasshoppers? (Laughter.)

Mr. SPEAKER:

The hon. member was only speaking metaphorically. (Laughter.)

Sir T. W. SMARTT:

If it will suit my hon. friends. I will withdraw the word “grass.” (Laughter.)

Mr. F. H. P. CRESWELL:

On a point of order, I do not think he withdrew the word “hopper.” (Laughter.)

Sir T. W. SMARTT:

I think the word “hopper” was perfectly in order. The hon. member has been constantly hopping up and down during this debate, to the annoyance of the speakers and to the annoyance of the House. The hon. member talked of liberty. What sort of liberty did he mean? Liberty to kick, to terrorise, to burn, and to intimidate the whole of this country, and establish a reign of terror like that of the French Revolution? Was that the liberty the hon. member referred to? He seemed to forget that between liberty and licence a great gulf was fixed. He hoped the House would place the Statutes in such order that those incipient revolutions could be properly dealt with. The hon. member for Jeppe had said he did not blame the Federation of Trades for branding any special constable as a scab. It was time to have legislation to deal with such matters, and make it impossible for members who used such expressions to sit in the House. There had been periods in the British Parliament when, by the resolution of the House, members had been expelled. The time might come when the people of this country would insist that something of that sort should be done in order to maintain law and order. Everybody had the right of expressing his opinion freely but irresponsible people should be prevented from bringing calamitous consequences on the people of this country. Did they realise what would have been the condition of the country if they had had a general strike ? Did they realise that there was an attempt in Johannesburg to turn out in one night a hundred thousand savages on the Reef? Surely the extract read by the Prime Minister would bring home to the House the enormous danger the country had been confronted with. Everybody would agree with freedom of speech, but speech of that kind should be put down with a rod of iron. (Cheers.) In this country they were in an entirely different position from those at Home. It was a serious thing when natives who had been punished could turn round and say that the white men who broke the law got off scot free. It would cause considerable trouble if the native did not understand that illegal acts whether by natives or whites would be put down with the utmost rigour of the law. He now came to the question of the deportations. He regretted two remarks that had been made. One was by the Minister of Defence, when he had referred to political undesirables. He thought he meant criminal undesirables. Another remark he regretted was that of the hon. member for Victoria West, who had said there was not sufficient evidence of a conspiracy to hang a cat on. Yet that hon. member had pointed out that there had been a determination of a certain section of people to establish lawlessness throughout the country and to bring the Government to its knees.

THE DEPORTATIONS.

Whether they called it a conspiracy or not, whatever they called it, he did not know that it made any difference. He thought a large number of people acknowledged that the deportations were a mistake. He would tell them what he thought should have been done. The first day the House met was on a Friday, and he would have brought down a Bill to that House for the deportation of those people. He thought there would have been other names added in that Bill. (Cheers and laughter.) That, he believed, was the proper policy. That course would have been more straightforward than that special legislation for dealing with cases after the event. There was no doubt there was difficulty in this country, as the report before them said, in dealing with the extraordinary condition of affairs which had existed, and the laws of the country were not competent to deal with the cases of the deported people. But the proper course of the Government would have been to bring the matter before Parliament, for Parliament to deal with it. If such legislation had been introduced, it would have been adopted by the majority of the hon. members of that House. He was sorry that that course was not adopted, because many members of that House had been placed in a very peculiar position. They recognised that the Government had committed an illegal act, a particularly illegal act, on the eve of Parliament sitting, but what they had to face was the actual position of affairs as it existed at the present time. If the Government had followed the course he had suggested, they would have been placed in a legal position, and probably the number would have been added to and agreed to by the House. He had tried to follow the arguments of the right hon. member for Victoria West, but he could not understand the position he took up. He said they might condone the arrests and they might condone the deportations, but he was not prepared to condone the clause in the Bill which prevented those deported people from coming back. He, Sir Thomas Smartt, disagreed entirely with the manner in which the Government had acted, but the point with which he was face to face was that if he undertook the responsibility of voting against the Bill it might allow those people to come back to continue to spread their nefarious doctrines throughout the length and breadth of the land. Would his hon. friend, the member for Cape Town, Central, be prepared to vote for those people coming back? He thought not. Would the hon. member for Fords burg be prepared to take that responsibility, with the possibility of their being acquitted, according to the character of the laws of this country, and be made heroes of, and with the possibility of a repetition of the events of July and January? That would be the position which this country would be faced with. The responsibility was an enormous one.

THE REVOLVER ARGUMENT.

The hon. member for Jeppe (Mr. Creswell) and some of his colleagues on the cross-benches had said that Poutsma was a man of a really excellent character. The right hon. member far Victoria West had referred to the disgraceful statement that these gentlemen, on the fifth of July, when negotiating with the Government, had revolvers in their pockets and were prepared to use them when necessity arose. The hon. member for Jeppe had contradicted the right, hon. member. He (the speaker) had taken some pains to get information on that subject, and found that on the 12th of September Mr. Poutsma came down to Cape Town and addressed a meeting of railway and harbour servants, when he said. “if further massacres had ensued revolver shots would have followed in the Carlton Hotel. ‘Another shot and you are dead,” said Mr. Poutsma, were the actual words used by the miners’ deputation to General Smuts and General Botha at the Carlton Hotel.

Mr. H. W. SAMPSON (Commissioner street):

The hon. Minister denied that.

The MINISTER OF FINANCE:

“ I denied it, but you gloried in it.”

Sir T. W. SMARTT (proceeding)

said he entirely agreed with what the right hon. member for Victoria West had said that these two men—General Botha and General Smuts—with their records, were not going to be cowed out of the discharge of their duty. Mr. Poutsma further said that peace was declared at the point of the revolver. To that the Minister of Finance gave an unqualified denial, which the whole of this House accepted, excepting members on the cross-benches. And on the 13th of September Mr. Poutsma reiterated that statement at a meeting at the Alexandra Theatre. What did Mr. Poutsma say? He said that Tom Matthews had told him that the hon. Minister of Finance had denied that, but that he would accept the word of honest Tom Matthews. Well, if these were the kind of people they had to deal with, if they represented the like of those who were on board the ship taking a voyage at the present time, though he objected to the manner in which they had been sent from the country, they had gone from the country, and he thought they were not prepared to take the responsibility of having them back. (Cheers.)

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

remarked that that was not the question.

Sir T. W. SMARTT

remarked that it might not be the legal question, but it was the practical question, and he was not prepared to take that responsibility. He believed the result would be disastrous to the best interests of the country. He did not believe that the right hon. member for Victoria West was prepared to take that responsibility either. If there was one argument which the Government might have made to justify what he considered was an unfortunate action, it was the general clamour throughout the length and breadth of the country that those people should be deported.

WHAT CROMWELL SAID.

They were all very great on constitutional authority, and they were all very great on maintaining the law at all costs. He knew somebody—this would appeal to the hon. member for Cape Town, Central, and it would appeal to many other members in that House—who had uttered some very important phrases which might well be applied to the position of affairs in this country. Sir Thomas Smartt went on to quote from a speech by Oliver Cromwell to his second Parliament. “Good laws,” Cromwell said, “may have frailty and weakness, but if nothing should ever be done but what is according to law, the throat of the nation might be cut while we send for someone to make us a law.” (Cheers.) Proceeding, Sir Thomas said it might have been argued that different conditions prevailed, but this quotation was very applicable to the condition of affairs and the condition of law which existed in this country to-day. It was too pitiful, Cromwell had further said, that extraordinary methods should not be applied where, extraordinary circumstances arose. They here were placed in an extremely difficult position. Although the Government had blundered in a most unjustifiable manner in sending these men away—this House could have sent them away with certain additions to their numbers—seeing that they had been sent away he was not going to vote to have them back again. They had come to a condition of peace and order, and good government had been restored. Having achieved that, he hoped the Government would not be unmindful of the necessity of inquiring into legitimate grievances in a legitimate manner, if those grievances were brought before the House and before the Government in a proper manner he believed that the House would recognise its duty and responsibility. The House realised the advantage to the country of having a permanent, contented service. (Cheers.) When they had the depression in the Cape Colony between 1906 and 1910 people said that the railways were not being run on business lines. His answer to that was that the State had got a duty to its employees; in the interests of the State itself if there ever should be a great upheaval the people who were going to stand by the country were those who had been treated well by the State by being placed on the fixed establishment and provision being made for their old age. The Government should not be unmindful of real grievances. He told the Salt River men that he recognised that they had grievances and that they would be redressed if properly brought forward. When the men’s grievances were redressed there would be a contented service. Too much consideration could not be given to the permanent staff of the Cape Colony, who stood by the country so well in the day of trial. It was impossible to tell him that the men who went out on strike broke their agreements; many went out under considerable pressure, and there must have been great difficulties and responsibilities. There were certain ringleaders who could not be allowed to go back to work cheek by jowl with the others and be placed in exactly the same position as those who had remained loyal. The House should go out of its way to make recognition to those people who had done abnormal service in the interests of the country. He knew what pressure had been brought upon these people and upon their wives and children, and there was a feeling that they were not going to have protection until the calling out of the Defence Force made it clear that the Government was going to protect them. They remained loyal, and there should be greater consideration than the more expression of the high regard in which that House held their action. There might come another time when their loyalty would be tested. He did hope that they were not going to allow this House to rise without dealing with measures necessary to industrial legislation. (Hear, hear.) it might be said that it was not the proper time to deal with matters of that kind in a period of excitement, but he did say that these Bills were prepared after the regrettable occurrences of June and July, and that this House would be wanting in its duty if it rose without making a determined effort to deal with important legislation of this sort. They must recognise that in the twentieth century the whole trend of thought was to improve the conditions of all sections of the people, and by all possible means to bring comfort, intelligence, and as much leisure as possible to the many which in the past were only brought to the doors of the few. That was the character of the legislation which should guide this country. An Industrial Disputes Act, a General Compensation Law, which would refer to agricultural labourers as well as industrial workers—and he would point out that this could be secured by a very small premium of insurance—with these, he hoped that good out of evil might come, and that the future of this country might be of such a character as to make the workmen entirely contented, and make it utterly impossible for agitators, whether they were in that House or outside, ever to bring about such a regrettable state of affairs as this country had recently witnessed. (Cheers.)

A FINAL COURT OF APPEAL. *Mr. H. C. HULL (Barberton)

said that, first of all, he might be permitted to congratulate his hon. friend who had just sat down on having found his Voice again. (Laughter.) He had been considerably alarmed since this House met at rumours which had been going about through the lobby that his hon. friend was suffering from a terrible disease of the voice. (Renewed laughter.) He was delighted to know that, while this great silence prevailed, his hon. friend was busily engaged in reading Cromwell’s speeches. He ventured to think that, notwithstanding the many speeches which had been made, there were a large number of members in that House who still failed to appreciate the enormous responsibility which had been thrown upon their shoulders by the Bill before the House, and who still did not realise that this House was really a court of final appeal. It seemed to him that this question ought not to be determined as a party question or by party considerations. In a way the House itself was upon trial. (Hear, hear.) He thought in a way every member was upon trial, and it rattier depended on the manner in which hon. members approached this question, and upon the decision which hon. members arrived at, whether the House would be entitled to be regarded as a fair, as a just, and as an impartial tribunal. (Hear, hear.) Every member would be compelled upon his conscience to examine the evidence and carefully examine the case submitted to the House on behalf of the Government, and come to a fair and just decision. It seemed to him that this case, quite apart from the feelings which existed in the country, presented extraordinary difficulties. Public feeling was running very high in the country, and that feeling was bound to be reflected in this House. It was for that reason that he so much regretted an observation which came from his hon. friend the Minister of Finance, when, instead of appealing to the calm judgment and consideration of members in that House, he asked them to judge in this question, not upon the evidence, not calmly and dispassionately, but to come to a decision “before the fires burned down.” (Hear, hear.) That, he was sure, his hon. friend would not attempt to justify; in his calmer moments he would recognise that he gave the House bad counsel.

HATRED OF AGITATORS.

Another difficulty in arriving at a sound and wise decision was due to the fact that, rightly or wrongly, many members in that House and a vast number of people outside, hated and detested the men whom they described as “labour agitators.” He was not going to discuss whether there was any justification for this hatred and detestation, but it was quite obvious from the speeches which had been made that the feeling against the so-called Labour agitators was very strong in that House. It seemed to him that hon. members who had such feelings could hardly be described as fair and impartial judges in an important question of this kind. On the other hand, imputations, sometimes of a very sinister and gross kind, had been made against members of the Government that, for political and other reasons, they had been actuated by certain designs in what they had done. In regard to those members, if there were any there who held those views, it seemed to him that they were hardly fit and proper judges to come to a proper decision in this matter. This decision was going to be the subject of debate for many days, many months, and many years to come. There was one other consideration that he ventured to touch upon as further showing the difficulties that some members of the House must have in arriving at a decision. He said it with all respect, and he intended to make no reproach and no reflection on any hon. member, but he knew from experience in past years that one of the reproaches that had frequently been made, he regretted to say, by the political party opposite against some members who sat on that (the Ministerialist) side of the House, was that some of those hon. members did not think for themselves, but were prepared to follow the opinions of their leaders blindly without any consideration and without thought. He did not think there was any justification for that charge. He wanted to impress on hon. members to show on that occasion that the charge was entirely unmerited and unjustified.

CONSPIRACY THEORY AN AFTER THOUGHT.

He had listened to the admirable and able speech of the Minister of Defence in moving the second reading of that Bill. The picture the Minister drew, the narrative he placed before the House of the events which led up to the disturbances of January, were drawn with consummate skill, In fact, the Minister was a most skilful artist. He said, with the utmost respect, because there was no one in the House who respected the Minister’s talents more than he did, that the Minister possessed the marvellous gift of being able to skate over the thinnest ice and being able to gloss over the most difficult, question. He did not want to say anything which might sound offensive, but the Minister of Defence possessed the marvellous gift of being able to suggest little things and little facts and to suppress other facts which were material. The result was that his auditors were completely led off the trail, and the real and true issues were obscured. The Minister referred with great unction to the great coup which was brought off by the Government on July 5, and he dealt very effectively with the great conspiracy that was contemplated for upsetting the Government. But as skilfully as he did that just as skilfully did he avoid the real and true issues. He (Mr. Hull)1 frankly disbelieved the theory of this widespread conspiracy—(hear, hear)—that theory was entirely an afterthought for the purpose of justifying the deportation. (Labour cheers.) If there had been no deportation, but merely Martial Law, we would not have heard a word about this colossal conspiracy. He ventured to suggest to his hon. friend that he himself did not believe this theory of a conspiracy. He (Mr. Hull) watched the Prime Minister while this theory was being propounded, and he ventured to think that no one was more surprised to hear of this theory than the Prime Minister himself. Later on they found the Minister of Mines quite frankly disavowing this conspiracy.

The MINISTER OF MINES AND INDUSTRIES:

Only the term.

*Mr. HULL:

The Bill itself does not suggest a word about a conspiracy, but that certain persons had been guilty of causing unrest. The Minister of Mines was justified in saying that this was not really a conspiracy but a Trade Union movement.

The MINISTER OF MINES AND INDUSTRIES:

Syndicalism.

*Mr. HULL:

If the theory of conspiracy be true this House will have to alter the preamble to the Bill. It will have to say: “Whereas certain persons have been guilty of stirring up strife, but as it appears from the speech of the Minister of Defence that a certain conspiracy was in contemplation.”

GENERAL BOTHA AT LOSBERG.

Continuing, Mr. Hull said that his strongest supporter against the theory of a conspiracy was the Prime Minister himself. The other day the Prime Minister stated that he convinced himself on July 5 or 6 that there was this gigantic conspiracy afoot. He (Mr. Hull) was curious to know which version of the Prime Minister’s they ought to accept as correct—the rendering he gave here the other day that there was this great conspiracy on foot, or must they go to Losberg for the truth. He (Mr. Hull) suggested that this theory of the conspiracy was purely an afterthought and that the Government decided to put it forward when they determined to deport these people. There was a time, long after the events of July, when the Prime Minister had no notion of a conspiracy. On July 10 the Prime Minister addressed the electorate at Losberg, which was a place where sometimes we got the truth from—(laughter)— sometimes they found the truth in Mr. Poutsma’s speeches. On July 10. which was several days after the Bain-Botha Treaty had been signed, the Prime Minister was reported as saying that the strike was a quarrel between the mine-owners and their employees, and questions of that kind should be settled by common sense and without violence being resorted to. He (Mr. Hull) entirely agreed with him. Surely if the Prime Minister satisfied himself that there was some gigantic conspiracy afoot it was his duty to have said something about it at Losberg on July 10. Then the Prime Minister went on to say that the question of strikes had now reached its end. But what had become of the conspiracy? The other day the Prime Minister stated that he had satisfied himself early in July that there was a conspiracy.

The PRIME MINISTER:

I never said so

*Mr. HULL

proceeded further to quote from the Prime Minister’s speech, and said there was nothing there to show that there was a criminal conspiracy afoot. This, by the way, was on the 9th August, when the Government was quite satisfied about the existence of the conspiracy. Surely the Prime Minister must have known of it. Surely the Minister of Defence did not keep these things to himself. The hon. member then went on to quote from a speech by the Prime Minister, made at the South African Party Club in Johannesburg. The Prime Minister then said: “What troubled him most was the deplorable relations between employer and employee …. Things were committed, not by the strikers but by hooligans, but unfortunately it was under cover of the strikers that the hooligan class were able to commit these actions.” The point he wanted hon. members on the Ministerial side to note was this: If there was this great idea of a conspiracy, surely the Prime Minister would have spoken in a different way. Therefore, he said that the period of the conspiracy, of which they had heard so much, was certainly not in the mind of the Prime Minister on the 9th August. It seemed curious that the Prime Minister had not given the heartrending description of the chance of tens of thousands being slaughtered if he had not intervened to the members of the South African Party Club in Johannesburg, and he suggested the reason was that, if he had talked in that way, nobody would have believed him. (Labour cheers.) The evidence of this great conspiracy was based upon extracts from the newspapers. He did not want to say one word in defence of the foolish fellows who made those speeches, because he utterly repudiated and condemned the language they used. He did not think that any decent man in South Africa could subscribe to any of the doctrines put forward, but he would remind his hon. friend the Minister of Defence and this House to remember the time and the circumstances during which these speeches were made. They were made during July and after, when feeling was running very high, when these foolish fellows had formed the false idea that they had beaten the Government, and they were carried away, and they talked this absolute bunkum. He thought it was very far-fetched to say that these people were guilty of sedition because they made these wild speeches. He always understood that sedition was arranged in secret chambers. But what did these men do? They got on platforms and made wild speeches. They were carried away by the claptrap and the rubbish they had read in Socialistic books, and satisfied that they had beaten the Government, they spouted disruption.

A CONSPIRACY?

He was once accused of being a conspirator but he pleaded not guilty. (Laughter.) They had talked just as violently as human men had done, but they talked amongst themselves. Surely they did not say that because these men made stupid speeches, there was a criminal conspiracy at the back of it. He asked she Minister of Defence whether he really believed in this conspiracy? Did they believe that the general body of workers in this country were behind these nine men? He was told that less than 10 per cent, of the men came out on strike. There was another point to which he would like to refer, and that was the manner in which the Government presented its case to the House. He thought it was the duty of the Minister of Defence to place the case before the House without endeavouring to prejudice the minds of members. He submitted, with all respect, that in some respects the case was not fairly put, and that it was put in a way calculated to prejudice the minds of members. Let them take the reference to Jagersfontein. What in the living world had the outbreak at Jagersfontein to do with the trouble in Johannesburg? Absolutely nothing. He could not understand the object of the Minister in introducing it at all. He suggested that it was dragged in for the purpose of prejudicing their minds. The Minister admitted now it had nothing to do with the affair. Was it brought in to help the case against the nine men? Was it part of the conspiracy? Had it been brought in to fit in with the Government's case? Then the Minister dragged in some bar story or street talk about the hon. member for Smithfield marching on Johannesburg with 5,000 men. He suggested that if anyone had come to the Minister of Defence in Johannesburg and told him that story he would have disbelieved it. Why was it brought in here? Was it dragged in in order to prejudice the minds of hon. members or the political future of the hon. member for Smithfield? Proceeding, the hon. member said these were not the only instances. The Prime Minister followed the lead of the Minister of Defence. He dragged in letters and interviews given by natives. Had that anything to do with the question? A regrettable part of that case for the prosecution—for it was a case for the prosecution —was that the Prime Minister, who was supposed to be a protector, of natives in South Africa (he filled the post of Minister of Native Affairs), used letters for such a purpose. He should have been the last person in that House to use evidence of that kind which had nothing to do with the matter. Why was that done? Perhaps when some other Minister spoke, and he hoped other Ministers would yet speak, there would be some explanation. Proceeding, he said they should rid their minds of all idea that there was a conspiracy. The more the evidence was looked into the more would the bottom be knocked out of the theory that there was a conspiracy.

THE ROOT CAUSE.

Let them consider for a moment what led to the troubles of July and January, for the January troubles arose out of those of July. The Minister had refused to discuss the question of the unrest in the Government service, but he thought it was the duty of that House, before it came to a decision, to try and ascertain for itself what were the real root causes. In his opinion the root and fundamental cause of July and January troubles was the unfortunate condition of things which existed between masters and men. The thing did not start last July. It was much older than that, but there was no doubt that the root cause of the unrest in the Transvaal, and he was glad to say it was principally in the Transvaal, was the unfortunate relations between the employers and their employees. He referred to the speech made by the Prime Minister at Losberg in support of his contention. This was shortly after July, when the events of July were still fresh in his mind. In that speech the Prime Minister told the people of Losberg and the people of South Africa that the root cause was to be found in the unfortunate relations existing between masters and men. He (Mr. Hull) did not think this House had any right to depart from that understanding. If the House came to the conclusion that these unfortunate relations were the main cause then it was the duty of this House to see to it that steps were taken to compel the Government to bring in legislation to bring about better relations. Because unless this root cause was removed they might deport as many men as they liked, they might deport men every month, but they would have similar troubles every year. (Labour cheers.) This thing had been coming on for years. He was not going to express an opinion now whether the men or the masters were right. So far as he had been able to investigate, the rate of pay in the mining industry on the Rand was probably higher than anywhere else in the world. But pay was not the only consideration. Unless these men were treated with sympathy, unless these men were treated with human consideration, they would always have troubles. But the House should not at the present stage investigate that question. He thought the position was due to want of consideration and sympathy—and he knew the Prime Minister agreed with him. (Labour cheers.)

POLITICAL CONSIDERATIONS.

Another factor which accentuated the position was the political consideration. For some reason or other in the years that had passed, employers of labour thought that in political matters as well as in mining matters the men should follow their employers. The masters claimed that the men who worked for them should, if they had political views, make these political views coincide with the political views of their masters, or if they did not do so, they wore—to use a common expression on the Rand—they were “Pymmed.” In other words, the employers of labour who had political aspirations claimed that the men should go with them in these aspirations. The fact, of course, that the men were expected to vote as desired by the masters accentuated the position. When they had a large industry, Mr. Hull went on, and there was a feeling of that kind, then it was quite easy to see that the feeling of discontent would spread to other channels of industry. The men working on the mines were in constant contact with the railwaymen and the postal men. Strikes or labour troubles were just as infectious as measles. (Laughter.) It was quite easy to foresee how these “troubles would spread, and that was what happened. It was all very fine for the Minister of Railways and Harbours to say that, that was high treason—so it was. But strikes would continue in spite of Acts of Parliament. If the men in the army or in the navy were treated wrongly, one had a strike or a mutiny. It was the duty of this House, he repeated, to inquire into the root causes, and if the House was satisfied what these root causes were, then it was their duty fairly and squarely to deal with them.

At this stage the hon. member, who said it would take two hours to finish, moved the adjournment of the debate.

The motion was agreed to, and the debate was adjourned until to-morrow (Thursday).

The House adjourned at 5.57 p.m.