Penal Sanctions

Will Existence Hamper Trade?

Position In Papua

From Our Own Correspondent

Port Moresby, Dec. 20.

The existence of penal sanctions in Papua may hamper that Terri tory’s export trade, in view of the United States Congress having for bidden the importation of any produce from a country where penal sanctions are in force.

THE following memorandum by His Excellency the Lieut.-Governor, Sir Hubert Murray, has been addressed to employers of natives in the Territory;

“Indentured Labour And Abolition

Of Penal Sanctions.”

“There seems to be a general movement for the abolition of what are known as the penal sanctions in legislation relating to native labour. It is urged that a contract of service is an ordinary contract and that breaches such as desertion and neglect of duty should be treated not as criminal but as giving rise to action for damages.

“Under the ordinance at present in force, desertion and neglect of duty are punishable with fine or imprisonment and it is contended that it is inadmissable to provide a penal sanction for a breach of contract and that the employer should be left to his civil remedy, that is to say, that the employer should bring a civil action against the labourer who deserts or is guilty of neglect of duty, and should only be allowed to recover the actual damage that he could prove.”

The Papuan Government is of the opinion that it would be premature to do away with these sanctions, causing great loss to employers and great harm to the natives at this stage of the country’s career, and advises employers to exercise tact and patience so that a good many cases may be kept out of court, for it is feared that anything like an abuse would be seized as excuse for abolition of the sanctions.

Residents feel rather indignant at the high-handedness of the U.S.A. in dealing with affairs that are evidently beyond their scope and understanding.

For Papuans this measure is well nigh ridiculous and the natives would take full advantage of the loopholes it would present. There could not pos sibly be any recovery of actual damages in most cases.