JUDGE ATTACKED.

Dominion, Volume 4, Issue 1043, 4 February 1911, Page 7

JUDGE ATTACKED.

BY OTACO TRADES COUNCIL. THE DECISIONS OF JUSTICE SIM. (By Teleeraph—Press Association.) Dunotlln, February 3. The action of the Arbitration Court in throwing out the application in-the shearing shed hands case in Christchurch last November has led to a violent attack 011 the President of the Court, .Mr. Justice Sim, by the Otago Trades and Labour Council. This council protested against the action of the President of the Court and subsequently forwarded a letter ti> the Hon. J. A. Millar bearing on the matter. In the opening paragraph of .the letter the council states: "We propose to" justify our action, and at the same time draw your attention to a few of Justice Sim's . inconsistencies and unfair decisions during the time he has occupied the position of President .of ,thc Court. The letter goes on to refer to the council's loyalty to the Court, but says that tho decision referred to has convinced it that unless something is done immediately to insure that the ■ workers will receive fair .treatment from tho Court they will havo to consider seriously the wisdom of advising the unions to adopt some other method of settling industrial disputes. Proceeding, the council states: "Mr. Just-ico Sim's deoision may be perfectly sound in law, but it is certainly not in equity. In marked contrast to his decision is the opinion of Mr. Justice Chapman while President of tho Court in 1903. Tlio applicant in that dispute was the Dunedin and Suburban General Carriers' and Coal Merchants' Union.of •Employers. In that case an exactly similar point was raised, namely, that When the application was filed there was 110-dispute, and that tlio statement that efforts to arrive at an amicable settlement had failed was false, but Mr. Justice Chapman brushed tlio objection to 0110 side with the remark that the Court generally recognised, that tho dispute became a dispute immediately an application was filed. Tho council contended that Justice Sim has made awards in many cases where ho knew 110 disputo existed. A complaint is mado of alleged inconsistency in tho refusal of the Court to mako awards for private hotels in Dunedin and Christchurch, whereas an award was made in Rotorua. The farm ■hands' dispute in Canterbury is also quoted as an instance of the Judge's unfairness to the workers, also the strike chaises ill the southern tinibei: awards.

In conclusion, the council says:— "Tlio question is, AVliat does the Government intend to do in the matter? If it is intended to mark time, and allow tilings to drift, then thero is likely.to be an industrial upheaval such as New Zealand has never previously known, during which thousands of innocent people will bo made to suffer. If you will take a strong stand, and say this state of things shall not continue, wo have 110 hesitation in saying the Conciliation and Arbitration Act will bo as acceptable to the majority of tho workers as it was in days gone by." 11l reply tlio Minister states that tho matter of the shed hands' disputo will bo carefully considered when' dealing with amendments to tho Industrial Conciliation and Arbitration Act. In tho meantime nothing further can be. done.