Coroner's High-handedness.

Maoriland Worker, Volume 2, Issue 14, 9 June 1911, Page 10

Coroner's High-handedness.

By W. _3. PARRY

As workmen's inspector I attended the coroner's inquest on May 18 in respect to James Samson, killed in tho Waihi mine. After tho Coroner (W. M. Wallnutt) had interrogated a shift boss (who said he had inspected tho stope half an hour before the accident, and it appeared quite safe), and asked if anyone wanted to question the witness, I made to do so, when tho Coroner emphatically objected, and said he could not allow mc to appear on bohalf of tho Union, as the Union had no locus standi in Court. I at once asUed him to quote his authority. He then read subsection 2 of section 7, of tho Coroners' Act, which is as follows:—"When an inquest is held touching the manner of death of any person who at the date of his death was a member of any industrial union registered under tho Industrial Conciliation and Arbitration Act, 1908, a representative of that industrial union shall be deemed to have a su_iiciem. interest in the result of tho inquest within the meaning of this section." Under this clause, the Coroner pointed out that the cancellation of the registration was gazetted on May ilth, consequently deceased was not a member of any* industrial union registered under the' Act in question at tiie date of death. I took up a stand for a hearing, and put forth argument that the clause was elastic enough for mc to question in a court of enquiry, and that the Union had sufficient, interest in the result of the inquest, inasmuch as tho death incurred a liability of £75 on the Union ; also that representation was allowed the workers in a court of inquiry before the Arbitration Court ever came into existence. My arguments had no effect on the Coroner. Notv, I understand that a Coroner s inquiry is for the purpose of hearing all evidence possible appertaining to the accident, and to encourage all practical questions for tho benefit of the jury. When the evidence becomes exhausted the jury is in a position to give a verdict, and may have equipped themselves with enough knowledge from tho evidence to prevent some other poor unfortunate man from being dashed to death in a similar manner.

Union Representation Debarred.

President W.81.TJ.)

In Waihi this kind of procedure is strangled. We see the Coroner sitting tight, because of a legal technicality, irrespective of whother it means life or death to the miner. If my information is correct, Mr Wall hut t is the first coroner in the Dominion who has chellenged the workers' representative in a court of inquiry. (Objectioms have been raised by the employers, but not by the coroner, and the workers of Waihi are utterly astounded at the unfairness meted out to them. What doe.3 tho Mining Act say? It says, on the one hand, that tho workers are held severally liable if they do not comply with tho * regulations of this Act; on the other hand,, the company is also held to observe these regulations. Thus it is obvious that there are two parties recognised in this law. The duty of the employer is to furnish all equipment for the purpose of ensuring the safety of health, limb, and life; the workers' part is to mako use of same, in order to achieve that which every miner so much desires. I submit this question to the Government of this ooiintry in all seriousness and appeal for justice. It has made one laAv in which two parties are equally liable, inasmuch as they aro held to see that each other does not violate the same, and thereby endanger life ; then another law is enacted to prevent one party (the worker) from seeing that the previous law is enforced and carried out. This is our position in a nutshell, and the workers cf Waihi are in revolt against this injustice. Five hundred of them assembled at a meeting, when the following resolution Avas car.ried unanimously f "That this meeting protests most emphatically against the uncalledfor action of the Coroner in denying our president the right to appear on behalf of the workers at the inquest on tne remains of our late feilow unionist, James Samson, and that the secretary be instructed to forward a copy .of 'this resolution to the Minister for Justice." Wo havo done our part, and now appeal to the workers of this country to demand that the worker should be recognised in his struggle for existence, and be placed on an equal footing with the masters.