"IN THE EVENING"

Dominion, Volume 12, Issue 3, 28 September 1918, Page 10

"IN THE EVENING"

THE LEGAL APPLICATION

AN INTERESTING JUDGMENT

His Honour'tlic Chief Justice delivered judgment yesterday in the case of 11 Houidsworth, tobacconist, Lambtoii Quay, acaiii6t. tr. H. Lightfaot, Inspector of factories.

This was an appeal on a point of law from the decision of the Stipendiary Mngistrnto (Mr. F. V. Frazer), Wellington. In his. judgment His Honour said: "The law point is a very, neat one. Under the provisions of sectioU 25 of the Shops and Offices Act, 1908, a requisition was made- to _ the Minister of Labour by a majority of the shopkeepers, who wero hairdressers and tobacconists, to fix the hour for the closing of their shops. They asked that certain days and hours should he fixed subject to the closing of the shops not later than 1 p.m. on the duy observed as tho statutory holiday, namely, on Mondays, Tuesdays, and Thursdays, 7 p.m.; on Wednesdays, 5 p.m.; on Fridays, 9 p.m.; and on Saturday, 10 p.m., with certain exceptions. This requisition was certified by the Wellington City Council." The appellant objected that there was no prorif that the majority of the occupiers' of the shops agroed to the requisition, and, further, there was no power to fix 5 p.m. on Wednesdays, as 5 p.m. is not the "evening" of a Wednesday. The contention being that 5 p.m. was the afternoon, and not the evening. As to the first point, His Honour held that the statement of the Minister could not he controverted 1 . With regard to the second point, His Honour said that the Act provides that Jhe offices shall he closed in the "evening" of every working day at an hour specified. In section 27 of the Act ft is treated that 5 o'clock is in the afternoon, not the evening. In the Amendment Act of 1917, in speaking of another matter, it contains this reference: "Of the hour of half-past ten o'clock in the evening." It also speaks of "before 5 o'clock in the evening of that day, "so that in two parts of what is really in effect one Act, we have 5 o'clock called "evening," and we have 5 o'clock called "afternoon." How, then, is the word evening to be interpreted? Wo'have the following terms applied! to different parts of -the day 'the morning,' the forenoon 'tho afternoon, the 'evening,' and the 'night.' . When can. the evening be said to come? In any opinion the ovening does not necessarily mean the night. It is true that sometimes tho night is said to begin when the sun sets. Itis clear, I think, that tho_ word eventing is used as denoting uptime after the afternoon and before night. In tho strict meaning of tho word, the evening can only moan what is called twilight, namely, from sunset to dark. It cannot mean two hours before sunset, when the sun would be shining brightly. Many of our noted writers use the word in this signification. In 'Paradise Lost' Milton says: Now come still evening on and twilight

' 8. r ?. y > Had in her sober livery all things clad; Silence accompanied; for beast and bird,. They to 'their grassy couch, these to their nests Were, slunk, all but the wakeful nightingale.

Now glowed the firmament With living sapphires; Hesperus, that led Tho starry host, rode the brightest, - "Gomper gives the same meaning to 'evening'—that is, that it makes a grey sky. He said: " 'And just when evening turns the blue vault grey, Ti spend two hours in dressing for tho day.' . ,

"As tho interpretation of the word evening is not found in tho statute, I am of opinion that I must adopt the strict meaning of the word, and, therefore, there was no power to fix 5 o'clock a closing hour of the places of business mentioned, at all events in those months of the year when the sun had not set at 5 o'clock. The notice of the Minister, fixing tho times as mentioned, was not, so far as Wednesday was concerned, valid, and tho conviction must be set aside." Costs were not allowed.

At the hearing on Thursday Mr. P. Levi appeared for tlie appellant, and the Inspector of Factories appeared in person.