"NOT FAIR TO THE COtJRT."

Dominion, Volume 4, Issue 1065, 2 March 1911, Page 4

"NOT FAIR TO THE COtJRT."

LEGAL POINTS WHICH ARE NOT SIMPLE. .

(By Tcleuraiih^Prosß ; 'Association.)

"Diincdin, March 1. A curious case under the Factories Act camo before Mr. Widdowson in the Polico Court to-day..,. The case, which' had been previously adjourned, consisted of a charge against Macdougall aud Co. that ,® f'l lr ! la ! T 12 to February 19, 1910, tney failed to pay proper wages to a worker named, Rosje Baylor, and had iq™ ? to (1 ° 80 from I'ebraury 19, 910, till January 21, 1911, contrary to tile provisions of tho Act. ■ The defence was that while the girl did not receive tho wage stipulated by tie Act (lie aggregate of her earnings in the five and a half years of employment was more than it would have been under a proper system. She had received ,£l6l 12s. 6d., while under the fixed rate she would have received JUGO. The delence also raised tho point that under Section 61 of tho Act proceedings hod to be commenced within a mouth after tho oflence was committed if the maximum did not oxceed £5, and within two months at any rale. At the previous hearing Mr. Widdowson adjourned the case to givo tho inspector an opportunity of consulting (ho Crown solicitor so that rather important legal points might be argued. . Mr. Newton was not represented by counsel this morning, and announced that the case stood in exactly tlic same position as before. Mr. Widdowson: Why are you not represented by counsel? Mr. Nowtou: I am not represented because I liavo not been ablo to obtain necessary legal authority, Mr. Widdowson remarked that it was not fair to the Court. He had wished to hear argument on both sides on legal points which were not simple, aud while ho was in no way blaming Mr. Newton ie did not think it fair that lie (tho Magistrate) should be called upou to act both as prosecutor and Judge. It seemed to liiiu that the suction regarding limitation was drawn up in a unique manner, and that was why he had wished for argument ou both sides. Ho would' reservo his decision as to the point of limitation. At present he was against the inspector on it Mr. Newton said in that case they would probably have to record the matter for appeal. He recognised that it was a matter of considerable importance. Mr. Widdowson: That is why I wanted it properly argued here. Tho Court is alwavs very much indebted to counsel for their assistance. I think that ill cases like .this counsel should be employed. The decisiou was reserved.