LAW REPORTS.

Dominion, Volume 5, Issue 1550, 20 September 1912, Page 9

LAW REPORTS.

MASTER AND MAN. (Before His Honour Mr. .Tu?tico Sim.) THE TYPOGRAPHICAL DISPUTE. C.ASIJ BEGUN. ■ Newspaper offices and general printing establishments throughout the Dominion are concorncd ill the business at present before the Court of Arbitration. Mr. Justico Sim was on the bench yesterday and associated with him wero Messrs. Win, Scott (employers), and .T. A. M'Cullough (einploj-ecs). The dispute was that between tlio Federated Typographical Associations ot' tho Dominion 'and the employers cited. The districts concerned are: AVellington, Northern, Taranaki, Nelson, Marlborough, Canterbury, Westland, Otago, and Southland. Mr. J. W. P. M'Dougall, of Wellington, and Mr. .T. Harris, of Dunedin, appeared for the Federated Unions, while.Mr. W. J'ryor, secretary of the Employers' Association, Mr. Geo. Fenwick, of Dunedin, Mr. Jiio. M'Jndoe, of Dnnedin, and Mr. N. M'Robie, of Waihi, appeared for the employers. Union's Demands—Hand-work. Regarding handwork, the demands of the Federated Unions provided 'for the employment of two classes of labour only, namely, journeymen and apprentices. For jobbing compositors employed 011 daywork, it was asked that the week's work should consist of 44 hours, while for compositors employed 011 evening and morning papers a 42-hour week was sought, special times being mentioned for tho dinner hour, and (lie supper adjournment. Rates of pay claimed were: For daywork, Ji) 15s. per week, and for night-work .£4 ss. per week, 110 .deductions to be made except for time lost by (he employee through his own default. A sliding scale was asked for overtime, ranging from onethird extra to double rates.

Miniiuum rates of pay for compositors employed 011 piece-work were asked to Ijb fixed at Is. 2d. por 11100 ens for day hands, and Is. 3d. per 1000 ens for night lmmU'.

'Special provisions, were made for .holidays (one week on lull pay beiuj; atsked for newspaper men), casual labour, apprentices (to lie legally indentured foi six years), extra charges, nnder-rate workers, and preference to unionists. Readers were also included in the demands, the Federation asking libit the minimum wages for newspaper readers shall be:—Nightwork, chief render JM 15s„ other readers .£■!; day work, chief reader .£•1 10s., other readers J;3 17s. (id., jobbing room readers .£3 17s. (id. No person undei tho nge of 18 to bo employed in tho reading department of a daily morning paper.

Machine Work. For machine work', the demands stipulated the same classiiication of labour to be employed at weekly rates or on piecework, the hours, of work to bo seven pei day, or 42 per week as arranged. . Rotes of pay claimed were £3 ]ss. pei week (day operators), J:4 ss. per week (night operators); piecework rates to range from 3d. per 1000 ens' to -Id. pei 1000 ens; and overtime to be on a sliding scale.

The following matters were also specially provided for in the demands;— Saturday night extra editions, holidays, probationers, apprentices, bulk hands, stono hands, correctors, piecework conditions, underrate workers, preference, etc.

Employers' Proposals—Hand Work. The employers submitted counter-pro-posals, and in connection with hand work auggested that thero bo five divisions of labour, viz., the four principal cities, towns over 10,000 inhabitants, 5001 tc 10,000, 2500 to 5000, and towns under 2500. ior these divisions tho weokly rates oi pay should range from ,£2 ss. to «t'3 10s., nc fi;om Is.' 2d. per hour to Is, SJd. per hoUr; 'while "piecework rotes WDro 'niimed' as Is. Id. per 1000 ens (day hands) and Is. 2d. per- 1000 ens (night hands), and overtime rates one-third extra after 48 hours per week, or after ordinary day hours.

The principle of a 48-hour3' week was affirmed, piecework, hourly or weekly pay be at tho option of the employer. Objection was raised to the "unions" classification of labour, .to tho demand for an annual week's holiday, to.the preference clnuse, to any reference to readers, and to other clauses.

Iha clause as .to casual labour was agreed to, ag wns tho Court's usual clause regarding underrate workers.

Machine Work In tho counter-proposals as to, inacliino work, the employers stipulated the samo classification, and suggested that the rates- of pay should rango from Ji3 ' per week to <£3 lGs. per week, from Is. 3d. per hour to Is. 7d. per hour, piecework "id. to tUd. per 1000 ens, and overtime rates one-third 6xtra. The principle of the forty-eight-honrs' week was affirmed, hours to lie regulated by each employer, hut objection was raised to tho unions' classification of labour or to the clauses as to "classes of \vork." Objection was also' taken to ■ the preferonce clause and other minor clauses, while alternative clauses were suggested as to apprentices, piecework conditions, etc.

Before the hearing commenced, Mr. F. Pirani, representing tho Manawatu Master 'Printers! Association, mentioned that his association had not been cited, and asked if it would later on be allowed to be represented befDro tho Court, prior to being joined to any award that might bo made.

His Honour stated that the association would not bo joined as a party without being given an opportunity to appear. Mr. M'Dougall then stated that, with tho consent of tho Court, ho proposed to deal with-the case of the hand-work first. In his opening address he referred to tho dangerous nature of the trndo, and pointed out that it was a different trade now to what it ivas five or six years ago, as practically all tho solid work was done by the machines, and the jobbing hands were engaged mostly in display Work, The jobbing section, lie contended, was one of tho most highly skilled of all trades. Before calling evidence, lie outlined the points in which tho demands differed from tho conditions at present existing. Evidence in- support of the handwork rtction of tho dispute had not concluded at 1 p.m., when the Court ndjourncd until 10 o'clock this morning. His Honour suggested that during tha afternoon, the employers and the employees concerned in tho - machine section of the dispute might confor to seo if an agreement could be come to. The parties promised to act upon his Honour s suggestion.

SUPREME COURT.

MEANING OF HOME-MADE WILL. A home-drawn will—tlint of tho Into ltichard Allen, accountant, of Invercargill —was submitted to the Chief Justice (Sir Itobei't Htout) lor interpretation yesterday morning in tho Supreme Court. The action was brought in the form of an originating suniinons, the plaintiff being tho Public Trustee, aiul the defendant Olivo Elkin Edmonds, wife of Joint Edmonds,' commercial traveller, of Melbourne. Air. J. \V. Alacdonald, solicitor to the I'ublic Trust. Office, appeared for the. plaintiff, while Afr. T. Ncnve appeared i'ur the defendant. I'robnte of the will of the deceased was granted tu (he Public Trustee on January 31, 19J2. After providing fur a number of legacies, the will (a honiedrawn one) went on to say: "I give, devise, and bequeath to my dearly beloved daughter, Olivo Elkin Edmonds (now residing in England), wife of John Edmonds, commercial traveller, of Jfelboume. for her sole and separate use, the sum of .£IOO, to be paid lo her in cash whenever thai amount, sluill lie in hand, and the balance to be inv»?tcd b.v the I'ublic Trustee and the interest on'same to lip remitted to her quarterly, or at such periods as she may desire, but I desire file house and land in Esk Street shall form part of such investment, or, in tho event of her returning to Inwreargill lo live, my daughter is to have tho right of living in the house rent free, should she desire in do so, and further authorise flic Public Trustee lo dispose of mv realty should my said daughter desire him In do so." Tho question for the Court to determine ii-ss: AvheHier there had be»n an effeptiial disposition ot the covduj of the estate:

Or wlictlior tlicro was a gift only nf the income to the defendant? .Anil also whether there wns given n mere personal right, of enjo/ment in" the realty ? After hearing argument, his Honoiir reserved decision.

MAGISTRATE'S COURT.

(Beforo Dr. M'Arthur, S.M.) THF ,CIVIL SIDE. AT ODDS OVER A MILK DEAL. Dr. M'Arthur, S.M., delivered judgment in the case ill wliicli Monckton nnd another sued tlio Nutricia Milk Co., Ltd., for XG3 !)s. Bd. for milk sold and delivered, and the defendants counler-elaim-cd l'or XlOfl as damages suffered through the plaintiffs having broken a contract by having ceased to supply milk before a certain date.

His Worship gave judgment for plaintiffs ou the claim (or X(S!) fls. Bd., and judgment for defendants on the counterclaim for .£BS 9s. 7d.

At tlio hearing of the ease Mr. Ander son appeared for the plaintiff, arid Mr M. Myers for the defendant.

LETTING OF A HOUSE. Hearing was continued in the case in which William .1. Johnstone, carpenter, claimed .£lO from Miller and Jtutter, laud agents, as damages alleged to have been incurred through the plaintiff not being able to obtain possession of a house which the defendants had let to him. Defendants claimed that they had been sub-agents in tlio matter, and had acted in accord with custom wlioii dealing with plaintiff. His Worship reserved decision. Mr. C. W. Neilsen was counsel for the plaintiff, nnd Mr. M. F. Luckie for the defendant. , .

PETONE CASE. J. and E. Battersby, pnper-hangers, claimed from Joseph IVPostine, ranger, Ji(i ss. 9(1. The parties were Fetnne peo-ple, and the dispute concerned "extras" in some work plaintiffs had done for the defendant.

Mr.! A. M. Salek appeared for plaintilt's, ,an(l Jlr. E. J. Wtzgibliou for defendant. ' ,

Ilis Worship gave judgment for plaintiffs for J23 ss. 0(1.

KOSHER CO. AND THE YOUTH. The Kosher Meat Company was fined j!l for having employed a youth, who was over 16 -years of age, at a rat© of lis. od. per week, instead of 20s. per week. Tho manager of the- company , said that he had not known the youth's age.

i UNDEFENDED CASES. . . In tho following ca?es, judgment for -plaintiffs was entered by default:—Ferdinand VValileinar Flyger v. Samuel Lindsay Flyger, XIS, costs <£1 10s.; Commercial Agency, Ltd. v. B. B. Grange, ;Cl7 175., costs 10s. Gil.; Hutcheson, Wilson, and Co. v. A. K. Aylwood, -£17 lis. Bd., costs -El 17s. 6(1.; Wellington Loan Co., Ltd. v. A. C. Stevens, .£ls, costs i'l 105.'6(1.; Hill and Barton, Ltd. v. F. A. Nelson, <412 IHs. 5d., costs XI 10s. (id.; New Zealand Eipress Co., Ltd. v. George l'mlney, JiU Is. 10d., costs .£1 10s. Gd.; Charles Pratt and Co. v. C. Itoberts, iG 2s, lid., costs .El _3s. Gd.; Wellington Publishing ' Co., Ltd. v. P. Ara, £1 ss„ costs 7 s.; same v - Leggatt and Nelson, os. lid., costs 55.; same v. F. C. # Fiikly, .tl 10s., costs 55.; siiino v. V. Skiers, .£1 10 s ." M-, costs 55.; same y. E. Smith, XI, costs ss.'; same v. 11. C. Percy, .£'J 55.; "New Zealand Times" Company, Ltd., v. 11'Donalu and Cochrane, costs 12s. ; same v. Bowater and Co., £7, costs ,£1 35.; Commercial Agency, Ltd. (assignee), and It. O. Schauer (assignor) v. A. Anderson, .£5 As. 7(1., costs XI 3s. 6d.; same v. Arthur Edward Kilgonr, XI 17s. 3d., costs 55.; same v. Chas, Frederick llarple, X 3 Is. 5d., costs 10s.; same v.'Jlenry lidward -Meal's, ,£ l Jlos. v sd., costs XI-3s, Cd.; tamo v. 11. S. Osgood, Xll Is. (M., costs XI 10s. (id.; W. Jt. Bannatyne and Co., Ltd.. v. Kerr Maxwell, X3l 135., costs X 2 lis.; Townsijnd and Paul, Ltd., v. Ah Leu, 1 X-13 os. 10d., costs X 2 lis.; C. H. Harris and Co. v. ICerr Maxwell, X 29 7s. od., costs X 2 14s.

JUDGMENT SUMMONS. J. T. Tukes was ordered to pay James Jackson X 27 15s. 9d. by October 3.

BILL FOE BOjJIRD. . (Before Mr. W. G. Riddcll, S.M.) Florenco Goodey proceeded against Georgo Waddle, mechanic, for X 2 13s. The plaintiff alleged that the luiioniit was duo for board at tho Columbia Private Hotel.

Defendant said Hint. he did not recogriiso Mrs. Goodey in the matter; ho cm. sidered that the amount was due to liei father, T. P. Lyons, who had run tho hotel immediately before her, and against whom he said that he had a countcr account, :

His 1 Worship decided that X 2 ss. wos dufto plaintiff, and lio gavo judgment for that amount.

Mr. I'. W. Jackson appeared for tlu plaintiff, and Jfr. E, J. Fitzgibbon for the defendant. t

* "WIOLETTA." Young's Chemical Company sued J. H. Rcdforii, Daimevirke, for X 4 10s., wliieh was alleged to be due for on? dozen and a half of Wioletta Cough Cure, at XI 10s. per dozen, aud one dozen and a hall of Wioletto Hair Tonic, at XI 10s. per dozen.

Mr. F. L. G. West ap)>3arod for tho plaintiff and Mr. o.' It. lieero for tho defendant.

Mr. Beero said that the action had been token in the name of Young's Clicmie.il Company, but that tho debt had been assigned .to the Commercial Agency Company. For that reason he asked for a nonsuit.

Mr. Beere's point was upheld, and plaintiff was nonsuited. /

POLICE BUSINESS. (Before Mr. W. G. Riddell, S.M.) Antonio Stuparich was fined XI oil a charge of having stolen two -pairs of underpants, valued at lis., froni M. Gait. Samuel George Jones was fined ,£1 foi having committed a breach of the peace in Customhouse Quay.