ECHO OF EPIDEMIC

Dominion, Volume 12, Issue 281, 23 August 1919, Page 9

ECHO OF EPIDEMIC

MARBLE BAB CASE MINISTER NO LONGER A DEFENDANT In Chambers 'yesterday, Mr. W. (i. luudell, ij..\l., heard mi application 'to strike out the name of tlio lion. U. W. liusseli, Minister oi Public Healtli, as , a defendant in the cafe Bridget Croawell ; and Catherine Stewart v. the Marble. Har, Ltd.—a claim'lor the recovery of wages lost by tlio plaintiffs through unemployment during the epidemic. _ The- application to join the .Minister as a defendant was heard and granted ; on 'August 14, on the ground that tho company claimed that their premises wero unlawfully closed by the iloji. G. AV. Russell. Mr. W. G. Riddell, S.'M., grantoil tho application. ; Mr. P. S. K. Macassey made the application, Mr. A. W. Blair appeared 011 behalf of the Marble Ear, Ltd., and Mr. J. Scott on behalf of the plaintiffs. Mr. Macassey contended, on behalf of tho Minister, that his name should be struck out. from tho proceedings, as thero was no causa of action against tlio Minister, for the following reasons:—(l) The action was framed in'contract, and tlio Minister could not be liable for wages as lie did not employ the plaintiffs. (2) The order closing tlio .premises was made not by the Minister but by (lie District Health Officer, pursuant to' the power conferred upon him bv the Governor under ecction IS oi tho Public Heai.th Act. (3) Assuming that the order was ultra vires, tlio plaintiff had no right of action ns he should have ignored the illegal oidw. (4) There was no lliird party procedure under, the Magistrate's Court Act, and the Minister could not be ordered to indemnify. (5) The order was a perfectly vnMd one, as it was necessary to prevent the spread of the epidemic; if the order was made bona fide and for the purposes of tho Act, and not for any extraneous purpose, it wns perfectly valid. After hearing the legal argument, His Worship granted the application, and ordered the Minister's name to bo struck . out. M Is. costs were allowed.