Manawatu Herald. SATURDAY, DEC. 7, 1895. Arbitration.

Manawatu Herald, 7 December 1895, Page 2

Manawatu Herald. SATURDAY, DEC. 7, 1895. Arbitration.

A case of great moment to country settlers has lately been settled by what is called " arbitration " in this district with anything but a satisfactory result. The case we refer to is that of Kebbell v. Jillett, and appears only to have been of the nature of an arbitration in so far as the judges were selected by the parties interested. Arbitration is no new idea though " The Industrial Conciliation and Arbitration Act" only appears on the Statutes in 1894. This Act, however, deals with the settlement of industrial disputes and makes no effort to meet the needs of single individuals. It is supposed that the law of the land makes the establishment of an arbitration court a simple matter, Submission to arbitration was authorised and made equivalent in force to the decision of, a jury in 1698. " The Common I

Law Procedure Act, 1854," of Great Britain authorises the judges of superior coitrts to order compulsory arbitration. It will be eeeh then how possible it is to get arbitration and the case we have referred to shows how difficult it is to secure the' expenses being less by arbitration than by the ordinary course of law.

The case of John Kebbell v. William Jillefct arose out of a clearing and burning of bush. Mr William Jilletfc, a sheepfarmer of Porirua, is the lessee and occupier of certain lands situate in tile Waifcobu Purvey District, Horowhenua. Mr John Kebbell, sheep^larnier of Ohau, is the owner of 160 acres in the neigh bourhood of Mr Jillett's property. Mr Kebbell's land was all fenced and laid down in grass with the exception of 10 acres, which was covered with native timber and reserved for shelter and firewood. Mr Jillett had felled the timber and underscrub on his land for the purpose of burning the same and clearing his land. On the morning of the Ist February last Mr Jillett made arrangements for burning. At the time the firo was lit tllefe Was little or no wind. During the day the wind rose and blew a terrific gale from Mr Jillett's land in the direction of Mr Kebbell's property. According to the evidence the gale drove the fire on to Mr Kebbell's property and damaged the fences, destroyed some firewood which had been stacked on the ground, and the 10 acres of standing bush. It was alleged that the fire also destroyed 40 acres of grass which required re-sow-ing, killed and lost Several sheep and for these damages and for incidental loss to his flock Mr Kebbell claimed £550. The lighting of the fire by Mr Jillett was admitted and so were the damages to a certain extent, but £550 was alleged to be excessive. The parties being neighbours agreed to refer their differences to arbitration and the subject was submitted to the decision of Mr Frederick J. Stuckey, of Levin, and Mr Henry A. Field, of Waikanae, as Arbitrators, and they appointed Mr Alfred O'Brien, of Paraparamau, as Umpire, to sit with them and hear the evidence. Mr Jardins, solicitor of Wellington) acted as clerk to the arbi* traiion and as Legal Assessor. Mr W. 11. Quick, solfcitor, acted as counsel for Mr Kebbell, and Mr A. A. B Menteath, solicitor, with Mr Ward of Otaki, acted a3 counsel for Mr Jillett. A great deal of evidence was adduced by both sides* and hearing the evidence and addresses of counsel and consideration of the whole case occupied 13 days. The decision was as follows : — (1.) That Mr Kebbell did suffer damage to his property through the fire before referred to. (3.) That the said damages are assessed at £85 163. (8.) That the said verdict do stand. (4.) That the costs of the arbitration and award amounting to £165 9s 4d be paid in equal proportions by each party, and that each party pays his own solicitor's costs.

Such is the plain statement of tha case. Two neighbours having a difference as to value desire to have the dispute cheaply and pleasantly settled and find at the conclusion it has cost them £165 for witnesses and officials, double the amount the successful litigant obtained. It is enough to make others say, the law, hazardous as it is, is the course to risk, it cannot be much dearer and stands a chance to be much cheaper. In justice to the gentlemen who occupied the position of Umpires we would point out that there seems to have been an unnecessary number of solicitors engaged, and solicitors generally are not known to worry themselves much to shorten any proceedings. The Umpires were blocked by counsel, the case was abandoned to the gentlemen of the black robe and the Umpires had to sit and listen. In justice to all parties we may also mention that some expenses were incurred in adjournments of the proceedings owing to the illness of Mr Jillett. But to our mind this course is not the one which is generally followed in arbitration, and if it is, then arbitration is use less. The general idea of arbitration, is perhaps the better way of putting it, is thtt selection of some straight and intelligent friend of the parties differing, who shall be empowered to arrive at the facts for himself and by himself and to grant an award ar* rived at in his opinien by what is just and equitable, more than as it perhaps might be termed, strictly legal. If this is not so, the object of setting up a civil court specially to determine a dispute, which could equally as well, if not far better, have been determined by the ordi nary courts, appears to lean towards making an expensive mountain out of an insignificant molehill.

Our Church of England friends at Levin have decided to start the erection of a church in that township at the beginning of the new year. The Church is estimated to cost £250 towards which £150 is in hand and the other £100 is obtainable as a loan. The Church will be the same size as the one lately built at Campbelltown. Two thousand women marched through the streets of Vienna threatening and insulting all the Jews whom they met. The Jews show up much better than the women in this matter. The Queen of the South keeps hard at it, running up and down to Wellington as fast ' as she can. Her agent in this town has his hands full. All owing to wool and flax, with the other ordinary &c.'s in all cargoes.

Some news by the cable is the most utter 1 rot ' we have ever come across, but other news is satisfactory. The last, about wool, is short and to the pomt — •• Prices at the wool sales are firm." Long may it con-, tinue so. .{

The French Premier proposes to increase s the import duty on corn. »

ft is the opinion of Captain Bendall that the Weathersfleld has been driven to the eastward, and will make an appearance with the first change of wind from the south.

Mr deorge Fisher had riot only been elected Mayor of Wellington, but his friends have decided on presenting him with a purse of sovereigns.

Who ai'e ni'st-clads Station ? Surely our local station-master 11 oiie, at any rate in our eyes if not in the eyes of the Government. But we hope he is in theirs for then we should see him strutting about in a blue frock coat and brass but: tons and a peak cap I ! ! ...- On Sunday morning the Bey. Geo. Aiti kens will (D.V.) hold morning service al> Levin and evening service at Foxton. - •j£ The Otaki Licensing Committee met -^ Otaki yesterday at noon. All the memberri* were present except the chairman and Mr Thynne. Mi? Matthews got his license of the Junction Hotel at Sanson transferred to his nominee. Mr Harnett got permission to remove bis license for the Taita from the site of the late hotel to new prehiiseS. Mr Stuckey was nominated as chairman for the day.

Mr W. Park was, on Wednesday, elected Chairman of the Palmerstoa Hospital Board.

The Secretary of the Hospital Board reported that the average cost of patients, including maintenance of buildings, was 3s Bfd per day, as against 3s 6d charged. The estimated cost for the ensuing year was 3s lo^d.

The contributing local bodies to the Pal.nerstofl Hospital Board are said to be £413 m arrears.

The Palmerston Standard at last begins to fear 1 what may be the ultimate result of keeping Liberal Ministers id office. In a leaderette headed " Confiscation " the end' ing unfolds the editor's fear — " If matters progress at this late it will be difficult to know what one does really own." Just so.

With reference to the communication received from the Government asking if the Paimerston Borough Council is willing to have the name of the town changed to Manawatu, the Council decided on Tuesday night unanimously that it did not feel disposed to agree to any change.

The Messrs Barber find it cheaper lo send their wool in by road than by rail, though the Carnarvon Station is close to the woolshed. Mr" George Ccfley is doing the carting.

H.M.S. Lizard has left Wellington in search of the Weathersfield.

The Manawatu Baihvay employees picnic was held at Waikanae oil Thursday. It did not rain but the ground was very wet. It is said there were over 3000 people on the ground.

We have pleasure in acknowledging with thanks the receipt of a complimentary ticket for the tfeilding Athletic 9poi'fcg on Boxing Day. Our apologies are due to the secretary, Mr Sherwillf for not earlier doing so, but the erivdlop'g got mislaid; We trust the weather, on that date, will be finer than what we are now getting.

The Advocate says Colonel Gorton announced at the Waituna sale yards yesterday that his son, Norman Gorton, would be the auctioneer for the firm at the beginning of the year 1 . A younger son will take up the duties now performed by Mr Norman Gorton, and the Colonel will take charge of the office work at Bulls. In regard to wielding the hammer, we are quite sure that all the customers of the firm will join with us in hoping that Mr Norman Gorton will prove as successful in that important duty as the Colonel hiniself ;

The Wanganui Chronicle, writing upon" the rainfall for November, says : — Mr H. I. Jones, of No. 2 Line, who has kept a record of the rainfall in Wanganui for over 30 years, supplies us with the following particulars : The rain registered for November was G'o4 inches, and it fell on 22 days. There have been only two occasions since 1863 when the month of November has been so wet, and for the number of wet days the one just past beats the record. In November, 1895, there were 6.90 inches of rain, which fell on 15 days, and in November, 1884, the rainfall was 6.50 inches, but there were only nine wet days.

The Wellington Chamber of Commerce met on Tuesday afternoon and passed, among others, the following resolution : — " That a letter be addressed to the Commissioner of Telegraphs expressing regret at the abolition of the system of delayed telegrams heretofore in force, and which baa been found to act admirably, and suggesting that if any alteration be found necessary the following arrangement be adopted in lieu of that announced — namely, a charge of 6d for 12 words, including ad* dress and signature, despatched as at present, and $d for each additional word. Further, that holders of post office boxes may, on payment of a fee of 5s per annum, be allowed to register an abbreviated telegraphic address."

Mr Guerin offers for sale a couple of acres of oats.

In illustration of the system we will give an example. Take for instance No. 7 parcel, which contains 7 yards of double width stylish fancy check tweed ; 2 dozen buttons and silk and twist to match ; 2 yards of body lining and 4 yards of skirt lining. This complete parcel will be sent, post .free, to any address on receipt of 15s 9d, from Te Aro House, Wellington. .