MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2683, 1 February 1916, Page 9

MAGISTRATE'S COURT

WHAT IS A STRIKE? i

THE RIGHT TO CEASE WORK

INTERESTING POINT

In tie Magistrate's Court yesterday, before Mr. \V. G. lliddell, S.M., the Inspector of Awards (Mr. H. E. Moston) claimed a penalty of £10 from every- one of six waterside workers, on the ground that, on December 30 last, they broke the Wellington Wharf Labourers' Agreement by becoming parties to a strike as workers engaged in discharging.coal from the steamer Dalmore. The proceedings ivere commenced under Section .5 of the Industrial Conciliation and Arbitration Act, and the names of the defendants were: W. Connor, G. Bean, J. Latour, E. Dyson, G. Dmnbleton, and J. Stone. They wore all represented by Mr. H. F. O'Leary. Tile facts of the case are well linown. On Decomber 30 the foreman for the Blackball Coal Company (a party to the agreemMit mentioned above) engaged ' tile six men to dischiyge coal from the Dalmore, which arrived under charter to Scales and Co. The rato of pay ivas Is. 6d. per hour (as per agreement), but the men later demanded 2s. per hour, saying that the coal was very dusty and unusually dirty. Tho employers offered Is. Bd. per hour (rate for trimming bunkers), but this was refused and the men afterwards left the job. Later, when an ' effort was made to engage another party of men for the unloading operations, objection was made to a foul smell arising from the bilges. • i Evidence was called on both sides yesterday, the inspector contending that while tho men had a right to discontinue work individually, they had no right to discontinue in a body.-It was clear, tho inspector argued, that the men acted in combination to embarrass tho employers. Mr. O'Leary submitted that the actual employers were Scales and Co., and as not parties to the agreement there could be no breach. He maintained that the Blackball Company's foreman acted merely as the agent of Scales and Co'. Further, it was submitted that there was no 6ffence undo-- the Act, as it had not been proved that the men combined ■with intent to compel the employers to yield to.their demand. Casual labourers could never be compelled to work at minimum rates, and waterside workers, who were casual labourers, had a right to coasoi wurk whenever tliey pleased. Tho Magistrate reserved his decision.

LICENSING CASES. Mr. D. G. A. Cooper,- S.M., heard the. police cases on yesterday's chargesheet. Robert M'Cartney, who was found in the Cricketers' Arms Hotel on Sunday, January 9, had no esciifie to offer for his presenco there, and lie was fined 55., with Court costs 7s. The alternative was 24 hours' imprisonment. . David Grinton pleaded not guilty to ft oliargG of being found on tho licensed premises, known as tho National Hotel, on Sunday, January 9. Ho ■ was seen coming out of the yard of the hotel and was found to have whisky in-his possession. In explanation, lie stated that he had purchased, the whisky on tho previous evening at another hotel, and that his visit to tho Jsational Hotel on the Suuday was made for the purpose of seeing tho flook. The Magistrate accepted tho defence ajid dismissed the information. ALLEGED DESERTER. -•A middle-aged man, named John M Kinnon, was charged with deserting from the New Zealand Expeditionary Force on January 17 The Magistrate ipmarked that the charge was one for the military authorities to hear, and ■f -K-'MOU was accordingly handed over to them. LIQUOR FOR A SOLDIER. William Hamilton was called upon ■by summons to answer a charge of supplying liquor to a soldier on December 24 last ivhen such liquor was . .' )e consumed off the premises where it was sold. He pleaded'' guiltv, and n- imposed a penalty of £o 13s. Default was fixed at one month s imprisonment, but a period of 14 days was allowed in which to find the money.

STORY OF VALIANT DEEDS. Appearing in ; a khaki uniform, Philip Ldward Butler,-was charged with- obtainmg tho sum of £4 from the Hastings latriotic Society. The allegation is that, between September 23 last and October 11, Butler obtained advances fiom the socioty by relating a /S torv ft deeds performed by him at Gralhpoh. He was yesterday remanded at Hastings to-morrow morhOTHER BUSINESS. The Otaki Dairy Company pleaded guilty to having sent to the gradiV 0 uttor . whicli contained more f "on per ■ Cen i> ,o > s ture. A fine of -Us. was imposed, with Court costs Harry Whitburn pleaded guilty to a charge of playing hazards on the RailJia? |\harf, and was fined 405., the al~ went ' 0 S6V6n da;>S ' iln P ris °nJohn William Knott was convicted and discharged for drunkenness, but fiw™ M 8 I 5 * 0"? 1# n®'®Bß was lined £3 and ordered to pay 4s. wit-1 ness s expenses. Default was fixed at ft month 3 imprisonment, but tho deendant was allowed 14 days in which to nnu the money. On a charge of being drunk while driving a motor-car in Manners' Stl-eet on oaturdav afternoon, William Ritchie, was fined 405.. and ordered to pay expenses amounting to £1 6s. Dement "aS St SeVen <3ajs ' i nl P nso11 " Over a dozen persons appeared on charges of drunkenness. Six of these verc hrst offenders ,and were dealt with as such. J o h„ M'Kiniion and John Anderson were fined 40s. each, with rhl*° P r" S t" lr to gaol for seven \ G^ e I V eenan ( a Prohibited person) George Floyd, and Florence S ev art were a!l fined 205., and given liyit alternatives, bines of 10s., with option oi 48 hours' imprisonment were imposed on Thomas Collins, John Bates, Frank Vincent Gully, John Wilson, and Joseph Brown.