Saturday 15 June 2013

Queensland Government 1894 Coercion Bill

*THE WORKER*
Brisbane September 8, 1894


COERCION IN QUEENSLAND.

Drastic Government Proposals.

Buckshot” Tozer To The Front.


Introduction of a measure to force bushmen to accept squatters terms, by imprisoning as “suspect” all who are thought to have influence in keeping unionists together.


For some time past the capitalistic newspapers in this city have persistently agitated for the introduction of repressive legislation for the suppression of lawlessness in connection with the present unfortunate difficulty in the Queensland pastoral industry. The agitation has been more especially directed at those who are honestly and legitimately – so far as modern enactments permit – trying to improve the condition of the workers generally, more particularly those who are immediately concerned in the present difficulty, and whose social position is admitted by the Courier to be a most deplorable and unenviable one. Last week, as a result of this agitation, we had a ghastly official announcement sent out to the magistracy in the shape of the now famous Tozerian Manual. On Thursday last we had the introduction in Parliament of “A bill for the better preservation of peace in disturbed districts.” Whether this will become law depends upon the Labour Party.

When the Assembly had disposed of a quantity of formal business Nelson, at the instigation of the Colonial Secretary, who will hereafter be better known as “Buckshot Tozer,” moved for leave to introduce the bill just mentioned. This being a measure of a most unusual character it was only reasonable to expect that the Premier would give some very substantial reasons for its introduction. But no statement whatever was made by the Premier when moving the resolution. The Leader of the Labour Party (Thomas Glassey) proved himself quite equal to the exigencies of the situation. Burning with a sense of righteous indignation at this unwarranted conduct of the Government in the matter, indignation which was intensified by the sneers and jeers of the fat and sleeky occupants of the benches on the Government side, Burke's representative stated that there was at the disposal of the maintenance of law and order without the introduction of special legislation of the character he anticipated. In his opinion measure of a healing nature would have a much more beneficial effect than those of a coercive nature. But it is characteristic of the class of people the Government and their supporters especially represent, who, said Glassey are more responsible for the disturbances that have taken place than any other action of the community.

The Government had a large and very docile set of followers at the present time, but Glassey warned them not to be too “cocky.” The time might come – and come sooner than they expected, too – when the hilarity in which hon, members were indulging would be reversed. His emphatically intimated to the House that the Labour Party would do its utmost to prevent the passage of unnecessarily drastic legislation, and asked some explanation from the Premier for the course he was now pursuing. Nelson, who treated the subject in as jocular a manner as it ought to have been serious, quite sarcastically expressed the opinion that any member would oppose his motion “for leave to introduce a bill for the better preservation of peace in disturbed districts.” If leave was granted to introduce the measure, he promised the House that within the spaces of half an hour afterwards hon. Members would be placed in possession of copies and they could then see for themselves what it was without any explanation from him. The motion was put and the House divided:

                                  FOR , 48

Nelson Philip Byrnes Barlow
Fisher Ozden Wilkinson Aunear
Powers Groom Kingsbury Drake
Watson Midson Smith R.H. Petrie
Tooth Dalrymple Cribb Morgan
Bell Holes McMaster Thorn
Hamilton Stephens Crombie Agnew
Corfield Stevens E.J. Phillips Leahy
Grimes Thomas Armstrong Archer
Foxton Cameron Thorn W. Plunkett
Harding Calan Fogarty

                             
                            AGAINST, 11

Glassey
McDonald
Hardacre
Kerr
Turley
Reid
Cross
King
Rawlings
Dawson
Dunsford


Messers. Daniels, Browne, and Jackson declined to vote.
The “Coercion” Bill was then read a first time, ordered to be printed, and its second reading made an order of the day for Thursday. Shortly afterwards copies were handed to members, when it was seen that the member for Burke was quite correct in his anticipations regarding the very drastic nature of the measure. To put it briefly it is an embodiment of “Buchshot” Foster's famous Irish Coercion Acts of 1881 - “Protection of Persons Property Act” and “ Peace Preservation Act” - with the penalties in one instances at least double. The bill, which we hope Labour members will fight to the bitter end, gives the Colonial Secretary and his minions power to imprison for six months WITHOUT TRIAL, any person who is SUSPECTED BY Tozer and Co. of having at any time since July1 been guilty of any crime punishable by law such to violence or intimidation, or tending to interfere with or disturb the maintenance of law and order, also any person who is SUSPECTED by Tozer of having been guilty as accessory – that is to say one who incites, encourages, or intimidation, or tending to interfere with or disturb the maintenance of law and order.

The Act is to apply to certain districts proclaimed by the Governor, but Tozer and Co. may arrest in any part of the colony of Queensland.

“In a proclaimed district no person shall carry or have any arms or ammunition (cannon, gun, rifle, revolver, nitro-glycerine, dynamite, gun-cotton, and any other explosive substances) save as authorised by the conditions in the Proclamation herein before mentioned. Any person carrying or having, or reasonably suspected of carrying or having, any arms or ammunition in contravention of the Act, may be arrested without warrant, by any constable or peace officer, and as soon as reasonably can be conveyed before some Justice of the Peace in order to be dealt with according to law.” - Clause 5.

Any person acting in contravention of this Act shall be liable if convicted before any two Justices of the Peace” (no jury) “to be imprisoned for a term not exceeding six months, or, at the discretion of the court, to a penalty not exceeding £100.” - Clause 15.
Provision is made in the Act for a certain statement to be made to Parliament should a member of either the Upper or Lower House be arrested under this Act, which indicates that Tozer has his eye on one or more of the Labour members. An important clause in the bill provides that “when a sworn information has been made that any indictable offence or any offence punishable on summary conviction has been committed in a proclaimed district, and district magistrate may if he so think fit, although no person may be charged before him with the commission of such offence, sit at any place within the petty sessions district in which the said offence has been committed and examine on oath concerning such offence any person whom he has reason to believe to be capable of giving material evidence concerning such offence, and shall take the depositions of such witness, and if he show cause may bind such witness by his own recognisance to appear and give such evidence if called upon within the date of such recognisance.”

“No person shall be admitted to be present at any such inquiry except by special permission of the magistrate holding the same.” This virtually provides Queensland “Star Chambers.”

“A witness examined under this Act shall not be excused from answering any question on the ground that the answer thereto may criminate or tend to criminate himself.


*     *     *

Shakespeare says:
There is a tide in the affairs of men
Which, taken at the flood, leads on to fortune.

The tide of the Labour Party is now at its flood. Let them take it. They are to the Queensland Labour movement at the present juncture what the Parnellit Party was to the Home Rule movement in Ireland in 1881. They should act accordingly.

A joint meeting of the Labour Party and Opposition will be held to consider what action is to be taken regarding Buchshot Tozer's Coercion Bill.

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