EQUITY OR LAW.

Maoriland Worker, Volume 1, Issue 4, 15 December 1910, Page 4

EQUITY OR LAW.

WELLINGTON, November 30

The deadlock in the shearers' dispute consequent on the decision of the Arbitration Court in Christchurch that it had no jurisdiction was referred to in the House to-day by Mr T. H. Davey, who asked the Minister of Labour (the Hon J. A. Millar) if he would introduce in the Bill now before Parliament a clause that would ensure against such difficulty in future. The Minister said that his attention had been drawn to the matter, and he was considering it. He regretted that one dispute had been upset on a mere technicality, and he believed that the present Act gave power to go on with the case notwithstanding a technical informality. If it was necessary to make further amendments he would consider them this session.

Mr D. M'Laren said that even if there were a dispute, the Court could refuse to make an award, and he suggested that in such an event the men should be exempt from the strike clauses of the Act. In the alternative the findings of the Conciliation Council might be constituted an award. The Minister said that he thought an award should be made where there was a dispute, but the question was a very wide one. Tt was difficult to withdraw from the Judge of the Arbitration Court the power held by every other judge to dismiss a case;, and if the Court were compelled to make an award where it did not desire to, it would probably decide against the applicants on every point, which would be wholly unsatisfactory to the men. Something required to be done, but he could not promise it this session. He did not wish to drag the Court on to the floor of the House when other Courts were sacred.

In reply to an interjection, the Minister remarked that the trouble was that what had been meant to be a Court of equity was rapidly developing into a Court of law f and technicalities that were never anticipated were being raised to prevent disputes from being heard. He would go into the matter, and submit some proposals next year in the direction indicated.