LABOUR IN COUNCIL.

Dominion, Volume 1, Issue 260, 27 July 1908, Page 8

LABOUR IN COUNCIL.

WORKERS' COMPENSATION. ,-j! : TRIAL/BY/JURY. . THE : CONFERENCE" CONCLUDED. - : Tho Trades .Councils'iConferonce resumed at nine o'clock on~Saturday morning, and the .Conference-",was concluded, at 5.40 p.m. Mr. J,. Thorn, occupied tlie;eh'air. :Tho first' bu'sines§"was 'tho consideration of •tho- -Workers'- '.Comfcensafion Bill. .. . Mr) D.''iMXaren.mdved:—"That the Confcr'eiico .urge, the Government to make an addition'-to- this--Act '"towards abolishing tho plea of common*'employment." . This was seconded 1 by' Mr. J. Jackson and carried. n ' ;;; iv ;, ; It was,.decided ,to,,repommend Parliament to dolote -that portion of the • clause providing for. the exfclusion .from the definition of a,."worker" of .relatives 'oi the employer or persons whoso average,weekly wages exceed . £0.. . - i. Mr; M'Laren'moved':—-''That in this Act the, word 'MvoiferT shall" apply to, and cover all, workers covered by" the following definition: 1 Worker ' moans any person who has entered into or-works under' a contract of service: or 'apprenticeship.'with' an .employer, whether by way of manual labour, clerical work, or- otherwise; and whether remunerated by -Wages,' : salary or otherwise." . " This ,was carried'.'", ' ";Mr.' Reardon'' theft"'moved" That subSection 6 of Section 5 be amonded to provido that .during any period of total incapacity the woHcer sliall receive the full wage, and that sub-Section 1 ,7: of'' '.the ' same • section -bo amended to provide that during any period of partial incapacity the worker shall receive tho difference between -his incapacitated wage earnings and full ordinary wages." . The motion was carried. JUDGE OR JURY? 'Mr. Howard moved That the Act be amended" to -provide tliat on the application of','.any . party ' to"' a compensation case tho case shall be'heard by il'jury." ' , Tho-mover complained'tha|t insurance companies used'meii : as detocth-es to make close 'inquiries'into'tlio-affairs''of a,man claiming compensation for ;an accident. Judge Sim was undoubtedly'a-good jurist, and wliilo ho gave: good judgments oil'points of law, ho might-have inflictod hardships upon a worker - , Mr. Jackson; paid ; ai tribute to the humane feelings of : Mr. l -' Justice Sim. ' Sir'. E;-:Carter.said that!tho proposal introduced a dangerous'element; A clever' man could; : influehce a'.'juryman one way or the other.- It-'was a'fault'of'.the law, and not the,, j . He believed''that' tho decisions of the Compensation Court had given general satisfaction."; The proposal to have the cases heard by juries was: reactionary. Mr. ; Riisbridgo -saw-no reason for taking exception- to ; tho "decisions,' but ho' thought that a! jury 'be n 'called'in if.it was desiredJ.u.w/'A,,.!

Reardon paid ,a, high tribute to tho compensation; judgments'- of Mr.- Justice Sim. .They, wight get, juries .who wore not in sympathy >with; them, and, it -would be better to : leave. ..things, were.,. ■ . . Mr. McLaren said that a judge in law . might. not. ■ boa; good .judge in industrial ■ affairs. ...... ■Mr. Long ..(Auckland). said that; equity should •".•bo'i considered rbefore technicalities, and thdy _ should: have. tho. right to trial by jury. ■ ,:The'. law : .this, country should be 501.simple ..that ,"ho .who; runs may read."* ■', Mr. S."E..Brown;(Ota'go)-said that he did ■not.,know from.what class of peoplo the jury would c0me.,,,.'. Those composing the common juries-were, ycry,.different from tho members ,of grand juries, the 'latter,;being chosen from the commercial .classes, j' ~

, Mr,--Howard.. said.;,tiiat.ihe thought-he was coming among, nieii.of.iadvanced minds, ;but he was surprised, .that., after fivo hundred years it was found necessary, to'defend tho , jury system. ' Year '.'after year, they; had 'asked for the roferehdun%bftt,. had 110 • faith in t-ho people.. ;.He',w.mild sooner trust.those present to give a decision and refer law points-to the judge and points of fact to tho jury,, .-. ••• "". - The;, motion wSsiost ;by : 13 to 9. CONSEQUENCE 01; ACCIDENT. ' ._.-Mr. ;Tuffen a provision., bo inserted in tho BillJ providing that whore the -workers develop .disease or slight acciIde'nt; as! a", resulf! of ..'their.'employment, compensation::';shall. Bo paid',,them." Mr. O'Byrno: Is this to ;apt% if a man !is.' working ■at tho,'liquor 'trade?' (Laughter.)'. ' V''''.- ''y J"'.: . : i-The.CJiairihah': too much t'imo .'to--discu,ss the matter .with irrelevant levity, gentlemen.'."; ...^'. , V Tho niqtion'was,'carried. ' ; • -LABOUR'S VIEW 0,1: LAWYERS. . .' -Mr." tho following words bfa .added jto„Sectiori! 16, Subsection 2: 'provided,.that no.-.agfeemont shall bo binding : unloss,:countersigncd "by a 'trade union secretary or a solicitor.'-." '" Mr.',' Whiting, moved,,that tho words "or 'by," a "solicit.or^i.bo- .deleted. - He said that ''settlers,'.' -'under- the-■■guise of solicitors, dangled la : few/sovereigns in' front of some poor • victim...of : . an,, accident and practically 'forced him to accept it in compensation. / Mr. Jackson nioved —"That ho agreement 'betweenion employer and a worker, whether made'beforo or.after,".tho:coming into operation of. this .Acfj shalL,bo';elfectivo so.as to exempt m. whole or in part from. any liability to' pay'compensation. under 'this "Act 'for 'any .injury to be suffered by ;tho'\\yorker:", Tho'motioil .was, carried. ■ Mr'., M'Lareii'movod'ttet handling of cargo on-wharves* and Bh'ips"b;o included in tho "hazardous" • occupations;" ' The lnotion was carried. • Mr.' Lightfoot moved—'-'That a provision be inserted'in "the Bill to provide that medical aid'and expenses incurred by 'a worker meeting with'an accident shall, bo a chargo on the employer." .. ' .... ' v THANKS. After ;tho Bill as'amended was approved, Mr;.'Rusbridgo; 1 nioved that tho Government be congratnldted on the Bill. ' Mr.'-'flickey:' I don't see that we should congratulate them. Wo can do so when it is. on'tlkr Statute Book.' It is only scanty justice; : -. '

Mr. M'Lareri. moved that tho word "British" : be 1 added'. , (Laughter:) Tho British had been regarded as out of date, but, as a matter of fact,, the i'New- Zealand proposal was, English law. . ; ' Mr. Hart said that it- seemed that many present 'had made up their minds to' give no'credit to the Government. (Cries of dissent.) ! '■ . Mr. Hart: If tho cap-fits, you can. wear

: Mr. Jackson said that the Government should-bo shown that Labour approved of its action. : It was 'decided to congratulate the "Government on the introduction of : the Bill by 13 to 8. . • i OTHER MATTERS. Mr. Rusbriclge moved: "That the Govern,ment bo askod to abolish grand juries and to have all juries selected from the common jury-list." _ The motion was carried unanimously. ' CORONERS' BILL. On tho motion of Mr. Jackson, it was decided that tho Coroners'"Amendment- Bill, brought' down by the "Hon. J. M'Gowan, should be amended to oxcludo the gold And coal mining industries from the operation of 'the' Bill. " ' OF LABOUR. Tho Conference 'their went' into committeo r on the "Federation of-Labour." : Tho 'Conference considered the constitution of the 'Now, Zealand Federation of Labour, and it was decided to adopt it, after some amendments strengthening its provisions and widening its scoppjipd been made. A full report of the constitution is to bo sent to tho various unions immediately with a request that they' Will federate. It was "also docidcd.to forward a copy to tho Waikato ;Mincrs' ' Federation, and ask them' to ' approvo of '.tho constitution as It was decided that tho .Wellington Council