NO MEDICAL TEST.

Dominion, Volume 2, Issue 401, 9 January 1909, Page 5

NO MEDICAL TEST.

' STATE INTERVENES. government will insure miners. DEPARTMENT INDEMNIFIED, v , ■ Tho Govornment yesterday decided on an important; step in connection with the' deadlock ,in "the; nlining industry. The{ Accident Insurance Department ; is to insure the miners without insisting on medical examination, and will .bo indemnified against loss by the Government. Tho Prime Minister '(Sir Joseph Ward) sent tho following telogram yestorday afternoon to Mr. It. Sempio, president of the Miners' Federation, Reefton: — • "In further reference to my wire ' of yesterday, the Govornment will . . '■ legislate early next session with' a view of removing present difficulties, ' , making Act workable. ■: Pending Parliament dealing with tho matter, the Government will- ■ indemnify the . I Government Insurance Department against loss-..Jo#, policies covering , ' pneumoconiosis-' under .' Section 10, ': i and will authorise 'the Department to issue' policies without medical . . . examination or declaration I 'as 'to health. In taking this course, the Government rely with confidence on ,'iC the honour ■ of; the miners that none"' -i •• but bona fide, claims yilTbeimade. ' As I havo to leave Wellington tonight)"• 11.I 1 . should be' glad to•'have an - , early reply." •••• '-- ••;•••• ••• - THE GOVERNMENT'S VOLTE FACE. ' PUBLIC'S. "BLANK CHEQUE." POSITION OF CONTRACTED-OUT MEN. r :Tho..decision of the Government,.as, set'out iii the- above telegram,. come 3 "prise.../ The ; history of; tho past few daya 1 . negotiations. is as follows :— ;

The .MinersV'. Federation,' ita pre.sident,-' Mr., Semple,: .and its 'solicitor,.; Mr. o'Regau; contended, that ;it\',would be almost impossible, for a minor to. prove 'a .claim-' for.: compensation .for V inasmuch, they urged, as; such", ii, claini;;must '.b.§ estab- ■ lished -. within twelve months -. 6f. the. contraction of the.disease. This, it was urged, nullified, anybenefits' -resident,.in. the' Act,, since" :medical-experts held. that; a,; man 'might" suf-.' fer from the disease-for'; without .knowing it. .v-;. ;-;"'

In a. long, messago to the. miners, Mr. r Millar _ declar'ed;that rthi^'.proposal that thoi Government Insurance Department should suro;;miriers ; with6ut could not";, , bo; ;ent«rtained,.' The 'suggestion, ho ' said, that .tho. .Government '■*undertake, .tho insur- . ■ ance . practicallyaski": .tho" Government :to give a blank., chequc .'.'toi peases ;-ofi '. miners' phthisis at the present time,' a3 once'compensation is guaranteed the moment any sign of disorder 'is proved to exist the .Government will. be. called, .on to ■;pay. hIt■ ,ijs impossible, .ltheref6r6,. : for;!the to undertake aa- The Minister regretted. that it would, be impos- • siblo. to, comply with; the. request. as to. ao- ' .uepting^the insurance;risk.. . The:money: and': 'property" of..Tihe 'pwjple ;bf - New ."Zealand: aa'vv a, whqlo . would require- to be used for the .^purpose;.;,whereas'; Parliament intended, the )i mine-owner 'receiving' tho.;profit ,' of;tho' .miner's., labburf to indemnify, a ' man from . injury .cajiMd, through 'a diiease ~incidental ' to, his -work. , Mr.' Millar saw no way of . jireventing-trouble except by both sides waivjihg; ,'of -.the clause affecting . the t question until- Parliament, meets. If this caiinot'. w be''' arranged, what must, be, must bo. Tho Minister will be. sorry to hear of but the Goveminent cannot.be placed,in a.falsß position. ..-Sir Joseph -Ward, however, "set about obGaining legal opinions upon tho • point raised • by Mr. Somple, ,&rid on -Thursday "lie sent a. - "yesterday's'?;" Dominion) in which he said that, the Government had .obtained- legal,/advice,: but that-*.'-the Insurance Department' still expressed it--■self- as- unable to accept any. unknown re-' sponsibility.'Tlip.Department.also.'gave various goodreasons>why tho men should submit' themselves to examination.- ThePrimo ,: Minister, suggested that the men should agree >■ to, the examination, and added that "tho only other,'course - that l suggests; itself is that pneumoconiosis should be stj-uok out of . the • legislation.: altogether at the next meeting of Parliament." He .announced that he waa taking, steps, to ;obtain an opinion from the .■ Supreme-Court,iUnder the Declaratory Judg- j - monts Act, upon the effect and mekiing of . Section 10 of tho Act. .

Government's present decision'lfaß the nokt step.

. Apart ■ from questions '.of policy,Vthere are. some 'very important points in'the Govern- .. mentis .decision; Already some miners have*; agreed to tho medical examination, . and it is possible that,.. ,as' ?a. .:result;:"of:' examination, : - some, of' them' may have* contracted them-'' , ! :s'elvesout ; of-. the;| Act under: Section:; 17;* These will therefore have reason to complain . of - adecision," which gives :' to other miners ' benefits' 'which'^-they^.haye :; signed >way,. : aUd,;' '. which,' hhd;v they -known what the Government would 1 tio, they would not have volun- .- tarily surrendered.; Tho telegrams printed below, it is to be . noted, all'anto-dato . the Prime-Minister's telegram set out above. • . POSITION AT REEFTON. TRADE SUFFERS. ...u»/y v(Hr:TELEaiiArn—PKESSASSOCIATION.) . _ ' Reefton, January 8. The situation with regard: to the miners is-'uhchahg^.':'Strong, resentment is felt at'j the Government by: the workers, who accuse: them of dallying with the position. !The Prime ..Minister's reply (i.e.-, - the reply published in yesterday's issuo, not tho telegram ' printed above) js -.considered .most unsatisfaotory. Some of tho men are. still leaving. J - Jl'hovemployors itake strong I ', exception -to ■ 'Mr: ! .'Giunnes?'s :telegram. to the' Minister for ■ 'tfustice^remoMte'calling, of guard ;.the':inine. v .!-They:' state that watchmen . were paid .to . guard tho . mines ..ill' New . Year'holidays.' This was done till Monday morning, January 4, when all'left without notice, thus 'constituting, in . tho .employers'' opinion-a strike, They then, approached the union, asking that men for watching only,' not to workf. be allowed to go on. This the union refused. c companies, not .being / able to .get:, Unionists, applied for: non-union-.itt&'y. but' Toceivedho' respon&i. ■' Therefore 'thejr'were compelled to ask .for polico pro:tection of - valuable, property, not - agamstS the unionists) : but against ordinary risk of ' theft; 1 'V

; TJiq situation is telling*severely on trade:' Tho credit system here has been suffered for a long timo, and it leaves tho tradesmen with 'a'"lfirg6" amouiit' 6f."ta&noy on ■ their ■books, dependent, on tho. work of tho,miners.; Cessation of that work consequently reacts at once on trado. Peculiar problems aro cropping up in this connection every' day. ; Tho behaviour of the mon is'. most' exemplary.: There: is a strong feeling against medical examination. . . NORTHERN COLDFIELDB. WAIHI MEN DECIDE NOT TO WORK UNDER TESI4 : NEARLY. 2000 MEN INVOLVED, [si sswoßirn—ragsß *Bst)oiAtio!f.j "' ' 'Walhli January 8. " At a largply-attended meeting of membersof the Waihi Miners and "Workers' Union hold last evening, it was unanimously decided to refuse to submit to medical examination and to support tho action of those members, who had alroady refused. to undergo, examination.. at tho ffiiuhi- Extended

[ ■/. ' Mine, by, discontinuing work as from Mondaj f:v-: next, unless the mine-owners.allow them't< • return to work without submitting to th( f-.' test. , Should : something not arise, :.moanti':' while' to enable a settlement of the difficulty, the action proposed, by the union wil. | • throw about 17G0 men out; of employment i■ provided; all members; abide by. the decision, | Tho outlook is serious. . -,_ • . ! THAMES DIVIDED. [; , TESTED CALLED OUT. U--.-.---. :.p3i, ; tiLMiuPß—rmsa association.) f > Thames, January 8. [ • Thero is no. chjrage. in' the local position l>V 1 ; bo far 'as the' mining: trouble is concerned, v ■ -Miners- who after 'tho> first meeting of' the ■ onion! were examined and resumed employment are..still at . work. No -demand has been mado on them to cease, though it is i contended -that-they acted with undue, haste, fTho fact of -the Thames- Union consisting | . of threo branches (Thames, Coromandel, ! v and Karangahake), whoso vote must be f: - taken collectively, .tends to 1 somewhat com- [■ ■. . plicate. matters, as . conditions : differ, conh- ■ sidorably.; .Whereas one .mine employs tho Sv , . bulk: of tho , miners at Karangahake, Thames and Coromandel have a large number of i v . . small mining propositions, on whom tho extra burden would be felt.Tho .men: appear to think that.', rejection at the .hands of: the doctor :will : practically class them as inferior workmen, though the .managers say they will, reemploy the men afflicted; and- that, they already: Icnow, from . .personal-observation,. those ■: Buffering.-- 1 :v;:;V;, V;A point raised is that where; men change 'v- : : employment frequently,' as they do at the Iv, : Thames, miners will be compelled to submit ;.-■■■■". to examination jat > each cmplojTnent, which [•: v .would:.bo;:harassing: and v annoying, and en- | tail considerable expense. i: A meeting is -to be held later in 1 the day,' h: :: tohen.:it: is hoped a solution will ■ be' arrived y at, so' that the men now out' can Teturn to \ work. [ . NORTHERN GOAL MINES. y'-/ v/:^. j. WORKERS MAY BOYCOTT f IMPORTATIONS. ' f- •• •• • (BI- IBLEQBAPH—PBES3 'ASSOCIATION-) " ' 'Auckland,: January 8. [ As a result of the telegrams received from !• tho Waikato Coal Minors' Union, . a meeting, f . . of the. Labour Council has/been" convened;: j'-.-i v. lo be held in Auckland to-morrow 'night, "to ?. . •. consider, tho advisability of tho waterside [ , workers refusing to unload vessels bringing ; imported, coal. S IN NORTH AUCKLAND. !?:- ■ .(by telegf-aph—press,association.). f ,1. t - Whangarel, January 8. •• t-■ Mr;: Dunn, ; . mine manager ■ at, Hikurangi,. ;the; NOTiiheril.:and Hikurangi collieries, will be guided by • tho .-: ieoision-of the.-.'Miners'; Federationj . until [ .• • then. no amount of .argument or attempts |'. at amicable arrangement will be.of-the least p l . ravail.'.'He said hebelieved.the action of many (iti . of the goldminers in submitting to examinaP{ ; ;;* >tion might influence the"'federation's'-decision in-favour of the coal-minersi complying -..withtho conditions of medical- examination for ; x the time" being.. There ."was aV possibility,, v \'■:. •• therefore, of: the . trouble, fizzling out before the end of next week. 4 ""A LECAL OPINION. : ■ , 'An. Accident Insurance Company manager in Wellington has received an;opinion as. to whether Clauje 10-of the Workers' Compen- - eation Act provides that, claims for eompen- ; sation for "miners' - complaint" shall - act f.'.- retrospectively. .Sub-clause .1 reads:—"lf i'.. in any employment to which this Act ap-. -- plies a worker contracts any disease to which - this section' applies (and: these diseases in-.-i>elude, pneumoconiosis),' and:tho disease is due -r: to the nature .of the said employment within . ! the twelve :months.- previous to the :date' of the disablement,: and the incapacity' or death h.r>, of tbe worker. results from that disease, com-, f . pensafcon < shall; be ( payable as -ifthe; disease i 5,.: ■ was ai; personals,injury b.v accident arising f.v . ' out of''and-in: the:oourse of that, employment! !■:: .-and all the proVisiins of this Aet Bhallafilhl y-: - .'-.ply.'-accordinglyj I 'Sub-clause.• 4,-': which']: hof-; .: read mconjunction with the foregoing,- says e; —" For all-other -purposes' of. this: Act the ' commencement. 'of tho incapacity: of,the-. f ; • worker or the date of-his death if there has fv. : been'. no previous: period -of - incapacity; shall ! bo treated as the date of the happening of • the acmdpnt." ■ -The' opinjon broadly is .to -.•v.-:" the effect that these provisions can be read . so - that they "will [act restrospectively. That .being . so, our . states that it would :,: be quite possible that a / man suffering: from, f-.. ordinary phthisis, -.contract-ed when employed 1 in other?', than '.mining pursuits; .■ could •: seek ? . :. employments in- a mine, and a fortnight or jr.,;. three-weeks later . could apply- for compenj; . Bation under the Act.' This' being so, a conp , v : elusion borne tOuti _by legal opinion, it was t - impossible ' for j accident companies :to take i',': on a-certain .risk- without • the examination i. which would eliminate- the retrospective con-/ -vtingenoy;' A. Eeefton paper ..had stated that; com^ \;j- ■ plaint .there: during.ten years, but that could i.-.0n1y,-ber.taken: as a guide, as to: how many j. :: - had bson iucapacitated-. by the dißeaßO, and . ; - in that manner became :entitled to compensar :/ , tion:until: such-time as the -total -paid'them' amounted to £500. PUMP'TO BE KEPT GOING. . (BY XKLEGEAPH—PRESS ASSOCIATION ) ! . • Thames, January 8. ti: - The present mining, difficulty is' having- ank; v' 1 effect on the supply of, coal to the Hauraki [:•■• . phmp.'- Quantities of sawdupt'aro' being'used f..:.' - in-,tne -mainjumping .plant so- ; aB" ttf- 'econo- 1 : coal. The' pump -draws its coal supi.,.'. .plios Tjrincipally-.-irom.i.Waikato,i Ngunguru, l 6-. , ■ : and. Hikurangi, and. as each. of •• these coal- • mining:districts is affected by, tho present r ■. - difficulty,; the supply of coal, will show- a con- ■; siderable decrease unless a solution ■ is arrived at. The stoppage of the ; Hauraki pump Would be a disastrous thing!for tho district,' ; and would nullify a good deal of valuable :Avork^■ T:.;^. r^ r■ A largely-attended meeting of tho Thames Miners'.Union decided to send tho president .. (Mr. .Sawyer)., to Auckland, as delegato to; a i; . : :.'combmed meeting of labour unionists to-mor--r.., -.- row,night. The. c.lso- decided to 1 allow :. tho pump employees- to. remain in'- employ- . - mcnt,- the 'opinion being expressed that the' i- : pump-should remain' working in the interests : '-";' tof all concerned and-of the industry itself. . ■j:,. :.. ■ The/-meeting . considered, at length - various > propositions, :arid eventually decided to hold ! Hi. special meeting on Wednesday. . j- \ IN OTAGO. .*• • Cur teleqbaph—press association.) Dunedin, January®. A conference of coal mine owners was to : >t,■ 'are ;been'.held to-day to consider the ques'?;i v'. ion of examination of 1 the men, ■ but Vowing • •: j.5 the-absence of: a managing director of one of the' most important mines, it will be postponed -.probably till Tuesday.' .It -is > not- ' ' : thought, likely: that trouble will Ceventnate in'; Ot-ago. •• v:'-.r:- r' Mr. W. Pryor, Parliamentary, secretary of tho New Zealand Employers' Federation, was men_of . wood mine, Central Otago, had submitted to .examination; and all had passed;; A Press Association , message -published in \ yesterday's Dojiinion stated that it was not ' likely the Otago mine-owners-would insist'on medical examination, but would accept the risk, hoping that Parliament; would amend the law. Mr. Pryor telegraphed to Dunedin yesterday 'to ascertain if the statement was correct. ■ The reply he received was that, as far as could be ascertained; all the owners ' would insist on examination, and' that a meeting would be held on Monday or Tues-" v;day next to definitely decide .tho course of action .to,bo taken. -.: ~