MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2704, 25 February 1916, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS BUILDERS* LABOURERS & THE AWARD Mr, W. G. Ridd'ell, S.M., presided at the mvil sittings of the iiagistrate's Umrt yesterday, when • reserved judgment was delivered in the ease in which tne Inspector of Awards (Henry' Ernest Mostonj proceeded against the secretary' of the Wellington Building Trades Labourers Union and four members of the union in- connection with an alleged breach of award. A penalty of £00 was claimed from.the secretary (E. Ken-

nedy) on the allegation that, between iNovembor 25 and December i last, lie aided five members of the union to discontinue their employment at the new Liimbton Quay I'olico Station ill order that by so doing the men would force their employers (Trevor Bros.) to compel another worker (Owen Jones) to join the union. From, four of the members of the union (K. Webster J Armstrong, S.'M'Kusker, and A. AVhitmg). Inspector claimed separate penalties, on the allegation that they had discontinued their employment for the purpose above-mentioned. The fifth member of the union concerned in the matter could not be served, as he had gone into camp at Trentham. The procedings were • -taken under Section , l ? Industrial Conciliation and Arbitration Amendment Act. At the hearing, Mr. P. S. K. Maeassey, of the Crown Law Office, appea-ed for the Inspector, while Air. i J . J. O'llegan appearedl for all the defendants. . Hie delence was a complete denial of the allegations, evidence being tendered to the effect tliat the men, who wcro casual hands, left tlicii; employment to take work at a higher rate of pay at the iimpire Hotel. It was denied that the secretary had said anything to induce the men to discontinue work, i ? l ! s , , . llaci I'eniavked that if men shirked their duty to the country they should not he allowed to shirk their duty to their fellow unionists. It was y}° 232 members in the Building Trades Labourers' Unfon no fewer than 172 had enlisted, and that 167 wero actually at the front. Ihe Magistrate, alter reviewing the evidence anil referring to -the Section of the Act on which the information was based, remarked that the fact that three of the men left their employment on diflcrent dates, without giving notice and without making any complaint as to their work beng unsuitable, raised a suspicion that they wore acting in concert. It was, however, doubtful if their only reason for leaving was the one stated in the summons. Judgment would be for the defendants in theso cases, and also judgment for the defendant in tho case against the secretary (E. Kennedy). On tho application of Mr. Maeassey leave to appeal was granted.

UNDEFENDED CLAIMS. Judgment by default was given for the plaintiffs in the following undefended claims:—Vacuum Oil Company, Ltd., nn n 3 ' 01 !?, and £1S 13s - Otl., COStS £2 Os. Gd.; Ellon Boyd v. Mrs. R, Ecolns, £3 Is. 9d.,'costs Os.; Wellington Publishing Company, Ltd., v. \V. Wilson £1, costs 55.; Commercial Agency. Ltd., v. H. Wiklo, sen, £11 13s. Id' costs £2 Os. Gd.; E. AV. Mills and Co., Ltd'., v. Arthur A. Vorback. £9 Os. 2d., costs £1 3s. Gd.; Gordon ond Gotch Proprietary, Ltd., v. J. H. A. Skipper, £22 Is. 7d. costs £2 Ms.; IT. Price and Co., Ltd., v. M. M'Cartliv, £4 155., costs 10s.; Novelties, Ltd.,' v . Charles White, £13 175., costs £1 10s. Gd.; Accountancy and Education Publications, Ltd., v. Thomas Callondol, £1 3s. Id., costs 55.; Allan Orr and Son v. Chas. Benjamin Carpenter, £3 155., cost 1.05.; Gordon .and Gotch Proprietary, Ltd., v. 11. B. Duncan, £7 Is., costs £1 3s. 6d.; J. B. MacEwan and Co., Ltd., v. J. C. Hodden, £31 18s. 3d., costs £3 65.; Charles Justus Silve.- v. "William Harris, £2 17s. 6d„ costs 10s. JUDGMENT SUMMONS. In the judgment summons caso, E. C. Browne and Co., Ltd., v. To Hen lieu Tukino, tho (Ir-rendnni w:ik ordered to pay the sum of £10 16s. 6d. on or

before March 9, in default to undergo ten days' imprisonment. POLICE OASES. Police cases were dealt with by Mr. D. G. A. Cooper, S.M. George Holland, who was described by DetoctiveSorgoant M'llveiiey as a worthless fellow, pleaded guilty to the theft of £2 from a room mate, and was fined 405., with the option of going to gaol for fourteen days. On a charge of deserting from the New Zealand Reinforcements, he was ordered to be handed over to the military authorities. James Dotld, who admitted having stolen a mirror, was remanded for sentence, in order that inquiry might be made as to his provious character. Singh Sham, for drunkenness, was fined -10s., in default to undergo seven (lays' imprisonment. Several firstoffending inebriates who appeared received lenient treatment. Harriet Linley was granted summary separation from her husband, James F. Linley, on the ground of failure 1 to maintain, the defendant being ordered to contribute the sum of £1 os. per week towards his wife's maintenance. Mr. J. J. M'Cfrath appeared for the complainant, while Mr. H. F. O'Lcary represented the defendant