NOTES OF THE DAY.

Dominion, Volume 4, Issue 1047, 9 February 1911, Page 4

NOTES OF THE DAY.

Although Mit. Birrell talked last week of the readiness of the Government to make the Parliament Bill the only measure of the seEsion. Lord Crewe, speaking in session and as the leader of the Government in the House- of Lords, has announced that the Government will'bring'forward other Bills. One of these is the Osborne judgment. It docs not appeal' to ho generally realised that the situation in_ respect to the powers of trades unions is no longer the situation around which so much controversy raged last year. The original "Osnoitsß .judgment" declared illegal the expenditure of union funds on political objects. A second judgment, issued in December last, practically upset this judgment. Jin. Osborxe was expelled from the Amalgamated Booiety of Eailway. Servants, and.be applied

for a restraining injunction against the Society. Mr. Justice Warrington decided; after various postponements, that the law could grant Mn. Osdornk no relief. The explanation of the paradox, as the Spectator points out, is fairly simple:

A trade union nt common law is an illegal body, for its operations arc in restraint of trade, and therefore in the eyo of the law contrary to public policy. . ~ . A* n result no unionist can recover by legal 'process the- benefits vhich he has'contracted, to receiro under certain contingencies. . . .If Mr. Justice Warrington had felt at liberty to go into the merits of Mr. Osbomo's case, lie would certainly have conic to tho conclusion that the expulsion of Mr. Osborne for seeking n decision of tho Courts with regard to his own rights was contrary to national justice. Ho declined, however, to go into the merits of tho case becauso ho felt himself bound to accept tho preliminary oljcctioii'of the opposing counsel that, as a trado union contract with its members is ab initio invalid, tho Court was not entitled to take action which would even indirectly give a legal validity to such a contract. '

The net result of this decision is to prevent any unionist from lifting a finger to sec that tho original "Osborne judgment" is observed in practice The Government's undertaking to provide a statutory reversal of the original judgment was made before Mr. ' Justice Warrington gave his decision. Common justice will force tho Government to take notice of the new position, and thero is reason to hope that the quarrel ■ between tho Literals and their Labour allies will secure that the claims of liberty and justice will ultimately prevail. .

The Rugby Union has nqt done itself any great credit over its investigation of the disgraceful occurrence at the Athletic Park in August last when one player had his jaw broken by a wilful and cowardly blow from another in the presence •of a large gathering of spectators. After six months'delay—for a portion of which tho Union was not altogether to blame—tho inquiry instituted • has culminated in tho acquittal of the person charged with causing the injury, and . the ' dropping of certain other charges mado in connection with tho same game. It is perhaps not difficult to understand that the Rugby _ Union should be disinclined to revive this unpleasant matter— the lapso of time has to some extent softened down tho strong feeling which existed amongst players and the public at the time of ■■< the occurrence, and the Union is no doubt glad to take advantage of this circumstance. But had tno Union done six months ago what it has done now, and shelved the_ matter in the unsatisfactory just decided on, it would most certainly havo covered itself with ridicule and opprobrium. Tho episode, however, should not,bo without its lesson. If the' gamo is to be kept clear of such disgraceful happenings tho officials of the Rugby Union Vill : have to'be much more alert than they were on tho occasion under'review', and much more active in prosecuting' their investigations.

The current: number of the Bailway Officers' Advocate contains two letters which call for "explanation from tho head of the railway service. It seems that under the railway regulations tho ' Minister is given power, in certain circumstances, to create now positions, specially promote members thereto, or to take in outsiders and place them in such positions. No objection, can be raised to,this power being exercised so long as' impartiality .is. observed and the interests of tho scrvico alono considered. , A new position haß recently been created, tliat of assistant electrician • and . draftsman, and the britics writing in tho columns of the Advocate state that a son of the Minister for Railways, has been ap-'pointed-to'Cll it.. Here is,.an extract from brio of the letters referred to: :,;;;;-:; ~. ,::;.•; ■';

' .Mytpurpose'.is.nbt.tb criticise'tho necessity for..the office jit jsragainst'.'the manner in /which, the appointment to the position has been' effected that 'I enter an emphutio protest. The facts of the case arenas' follow: A 'relative .'of the Minister for Railways joined the iraffi'o branch in Dunedin about twclvo years ago.' After, spending some years .in this branch ho was moved into tho District Engineer's office, Auckland. Later.on he was granted two years' leavo of absence to proceed to tho Homo country to gain a knowledge- of electrical engineering. Note, two yenrs to pain a knowledge of electrical engineering! This relative has boon' back to Now Zealand about a year i '~"•'." an'd'has been appointed to tho pesition above-mentioned.

The .writer goes on to add that there arc men in the service trained in the best colleges and technical schools of England, and holding diplomas of undoubted merit, who are waiting for such openings as the one in question, and who have been passed over. Thcro is r, good deal moro in the same strain which wo do-not think it nccossary to reproduce. Tho point of the matter is that a section of railway officers appear to be under the impression that undue favouritism has been shown to a relative of tho Minister in charge of the Department. Such an impression should not bo allowed to remain. It is difficult to beliovo that Mn. Millar would be a party to such a procedure as outlined, and ho will no doubt tako an early opportunity of explaining the reasons for the creation of the new. office and for the choice of tho person selected to fill it.