ECHO OF EPIDEMIC

Dominion, Volume 12, Issue 274, 15 August 1919, Page 8

ECHO OF EPIDEMIC

♦ MARBLE BAR WORKERS CLAIM LOST WAGES HON. G. W. RUSSELL JOINED AS DEFENDANT Mr. IV. G. Hiddell, S.M., was yesterday asked to join the Hon. G. W.'-Kussell, Minister of Public Health, as co-defend-ant in proceedings taken by Bridget Croawell and Catherine Stewart against Marble Bar, Limited. The proceedings were for the recovery of wages lost by the plaintiffs through unemployment in November and December, 1918, when, it will bo remembered, the iufluenza epidemic was raging, and restrictions were placed by the Minister of Publio Health upon the operations of certain businesses.

In an affidavit filed in connection with tho case, Bernard Doherty, secretary.fov Marble Bar, Ltd., stated: "In or about tho 'month of November. 1918, hv order of the Hon. G. W. Russell, Minister ot Internal Affairs, the premises of Marble Bair, Ltd.. were closed down for aperiod of about four weeks and all business stopped. By reason of tho Kiio closing down of the said company's pro. mises certain of its employees wen, thrown out of work. Tho _ said employees are now bringing action .... against the said company for wages that accrued during the said period that they were so out of work. The loss or wages claimed in these actions was nov caused bv the defendant company, win, were willing and anxious to Keep their premises open, but was caused by the action of the. said G. W. Russell. Tht. company Ims been advised by its solicitors that the Hon. G. W. Russell had no authority whereby to order the said company's premises to be closed down, and his action in so doing was unlawful, and he prevented the company. fron. opening its premises, and he and not the company is the person (if any) rcspoiu siblo to the plaintiffs for any loss they may have incurred. •' Mr. A. W. Blair, making the applica. tion on behalf of the defendant com. pany, said that tho two case.? brought were only test cases, and the amount oi money involved in the decision might, or course, be a very large item. The company claimed that their premises won* unlawfully closed down by the Hon. G. ■\V. Russell. Mr. Russell had piirpirteov to act as n.Minister of the Crown, hut, since (the company contended) his action was unlawful, he was personally liable. Mr. J. Scott, solicitor for the plaintiffs, raised no objection to Mr. Blair's application. Mr. Riddell said that the application to join tho Minister as co-defendant would be granted, and.an order would 1m made for service upon Mr. Eussell. The cases were adjourned till August 28.