ARBITRATION COURT

Otago Witness, Issue 2817, 4 March 1908, Page 33

ARBITRATION COURT

SITTING AT ALEXANDRA.

. * (Feom Otto Special Reporter.) his Honor Mr Justice Sim and ■ Messrs W. Pryor and J. A. M'Cullough). COMPENSATION CLAIMS. PEATTIE v. ALEXANDRA LEAD ' COMPANY. ALEXANDRA, February 25. Jane Peattie v. the Alexandra Lead Gold Dredging Company (Limited). — This was a claim for £400 compensation, for the death of the claimant's husband, which, it was alleged, had occurred as the result of an accident while deceased (Albert Peattie, a dredge hand) was carrying out his duties in December, 1906.— -Mr A. R. Barclay appeared for the claimant and Mt W. C. MacGregor for the respondent company. The circumstances of the accident as set ' cut by claimant's counsel were that deceased was engaged with Frank Nieper shifting a " backer " (a heavy .piece of bluegum, 12ft or 14ft long, and weighing between 3cwt and 4cwt), which was used as an anchor for the dredge. Peattie put one end of the log on Nieper's shoulder, and then took up the other end, but before proceeding .far along the beach Peattie said he was "done," and that he had wrenched himself. The " backer " was put down, and Peattie boated off to the dredge. Though afterwards sdvised to lay up, Peattie said he could not afford to do so, ' and only had such medical attendance as his wife could give him. Two' months afterwards Peattie was compelled to see Dr Hyde at the Clyder Hospital, and the doctor told tint - that his I heart was badly strained. Deceased afterwards went into the Dunedin Hospital, and returned to his home at Dry Gully improved, and wae attended by Dr Gregg until his death. As a result of Peattie's death, his widow was left with a family of eight children. Mr Barclay intimated that the evidence obtainable in Alexandra would be called, and arrangements had been made for calling evidence in Dunedin. Jane Peattie, widow, stated that she. had been married IS years to the dlceased, and that there were eight children by the marriage, the youngest being two years old. During the whole time the deceased was married, and for five years previously, he enjoyed splendid health. He first complained of being hurt in December, 1906, when he came home with an injured back, and was unable to take off his boots or otherwise assist himself. From that time* onwards deceased failed in health, although he weni to work regularly. Frank Nieper gave evidence, that deceased was a first-class worker, and was one of the oldest hands employed on the dredge. The piece of timber being shifted by Peattie And himself would weigh about 4cwt or scwt. Deceased called out when they were carrying the log, "Let go!" and the log fell to the ground, and deceased fell also. Deceased was groaning, and had apparently fainted. Deceased was unable to redder any further assistance. Witness saw deceased £ftrt • of- • tire? way home, and he in* then weak and faint, and when he came to work next* day was anything but fit. Peattie Was *winehmxn, -and' work in that position was light. Peattie refused t» consult a doctor owing to the expense and because he had great reluctance to' leave ,his work, in which he was -much interested. To Mr "MacGregor: Five men were told off to do' the work which witness and deceased undertook. None of the other three men were asked to assist with the log, and witness suffered no ill-effects. Witness was younger and stronger than Peattie. To Mr Barclay : It was a " bullocking Job for two men to move the "backeT," but tiie other three men were engaged in other duties in connection with the work. After the accident Peaftie always complained of Ids back. Dr Gregg, Alexandra, stated that when deceased consulted him he found him to be Buffering from a form of heart disease, associated with strain. Witness told him to go into the Clyde Hospital. Deceased died from the trouble. The form of disease would be consistent with the accident as related. „ Dr' J. €r. Hyde, in charge of the Clyde Hospital, stated that the result of his examination of the deceased agreed with the diagnosis of the previous witness. It was possible that a strain would cause the disease. Rheumatism cxr rheumatic fever would also cause the disease. Ellen Eady, mother of the deceased's wife, gave evidence that the deceased was a sober, steady man, and that after the accident he complained of his back and chest. Mr Barclay said that subject to some evidence which he would call in Dunedin that was all the" evidence he would call. Mr MacGregor aaid that no notice of any kind had been given to the company of the OCGurence until the end of September, 1906, when the unfortunate man went into the hospital. The manager would say that Peattie had said nothing, and that nothing had been- said by the other men of the accident until 1906. It would also be shown that Peattie was never a robust man, that tcnever gave up work, and made no complaint that he had been injured by an accident. He worked for some 10 months after.wards without saying he was injured". Charles Simonsen, manager of the dredge, said Peattie had- always a flushed redness on his tfheeks, which witness thought did ' aot indicate good health. Witness had no recollection of Neiper telling him that Peattie had injured his back. Peattie made some remark td witness at the time of the occurrence, when on his way back to tne dredge, but he did not hear what it was. To Mr Barclay: Witness recommended deceased for sick pay when it was represented to him that the sickness was due to an accident. G. A. Harloiw, secretary of the company, gave evidence that he received notice from the previous witness that Peattie was suffering from iajury, and would be entitled to eick pay. The further hearing was adjourned at this staye to Dunedin on March 2. WALKER v. ENTERPRISE COMPANY. Janet Walker v. the Enterprise Gold Dredging Company (Ltd.), claim £400 compensation for the death, by drowning, of Thomas Walker, employed as engineer on the dredge. Mr J. R. Bartholomew appeared for the claimant (a widow) and Mr W. R. M'Kean for the infante. It was notified by counsel that the amount had been paid into court, and counsel agreed to recommend that the widow receive one-third absolutely, the other twothirds to be paid to the Public Trustee for the benefit of the widow and children. An order was made accordingly, with solicitor's costs (£lO 10s). ' SCOTT v. CROMWELL BOROUGH COUNCIL. Elisabeth and J. L. Scott v. the Cramwell Borough Council, claim £400 compensation for the death, by drowning, of J Warburton Scott. The deceased was emoloved aa

a dayman by the Borough Council, and was drowned on April 9, 1907., .' Mr W. E. M'Kean appeared for Elizabeth and J. L. Scott and Mr Bartholomew foT the infants. Mr M'Kean intimated that a compromise had been come to between the parties, and £300 had been accepted in settlement of the claim. There were debts to the amount of about £150 in the estate, which it was desired ta pay. Since the death of the deceased the widow and children had been maintained by the father-in-law of Mrs Scott, I whom it was desired to pay. Ihere was a | total estate of the value of £875 4s 7d, but ; it was not desirable at present to realise this. He suggested, and his learned friend agreed., that one-half of the compensation be paid to the widow, and that the remaining half be paid to the Public Trustee far the benefit of the widow and family. An order was made accordingly. Legal costs amounting to £12 12s were allowed.

INDUSTRIAL DISPUTE. ALEXANDRA COAL MINING COMPANY v. OTAGO COAL MINERS' INDUSTRIAL UNION OF WORKERS. Thu Alexandra Coal Mining Company (Ltd ). wliuh. with other coal companies in the d:s trict. has beei> working Tender aii award ma>le in August, 1904, filed a referenoe for an amended award. Outside the machinery and interpretation clauses, the principal" clauses in the reference were as follow: — Hewmg ratas, boras, rtentonq, and levels 9ft wide ard 6ft high and over to be paid at the rate of 3s 3d per ton Droas to- be paid for at half hewing rates. Miners to bag coal with a fork, and rails to be kept up within 12ft of working face. Trucking miners to load and trues coal to a distance of not more than 25 yards from face ; beyond that coal to be trucked by employer or by arrangement. Truckers working undex ground and engaged by the company to be paid as under (the word " trucker " to include truckers, horsedrivers, and rope attendants): — Fourteen year 3of age, 8s 6d per shift ; 15. years, 4s 6d ; 16 years, ss; 17 years, 6b; 18 years, 7s; 19 years and over, 9s. A special wage less than above may be fixed for any trucker, lad, or youth by •agreement between the mine manager and the local committee of the Workers' Union, or, in the event of no agreement being arrived at, then the chairman of the Conciliation Board, or the stipendiary magistrate in the district, whose decision shall be final. Management to . have the right to let trucking by contract in any part of the mine- Day men ox lads to be allowed to hew coal, or do other work in spare time. Bottomers to be paid 9s per shift. Deficient places to be paid shift wages, and to mean places driven through soft, stony, or faulty coal or places under 9ft wide and 6ft high. Shift men : Miners on shift wages to be paid 10s per shift. Timbering: All props required within 10ft of working face to be put in by the miner in his own time. AH other timbering to be paid for by shift wages, and all timber required to be supplied by the company. Tonnage : Fifteen 4-bushel bags to constitute a ton. Wages and general conditions: Wages to be paid fortnightly. Places, when worked by two shifts, to be paid at the rate of 3s 9d per ton- Any workmen taken away from the face ix> work outside or inside the mine to be paid shift wages. Workmen to provide their own lamps, tallow, and wicks, and to provide their own picks and repair and sharpen same. Bracemen to be paid 9s per shift. The company to have the right to work any section of tha mine by piecework, shift wages, or on contracts. . . Tope or head coal or pillars: These to be paid for at the rate of 2s 9d per ion. Head coal to be 9ft wide or sft high or over. Enginerhen : Enginemen to be. paid 10s per day, such) payment to include time for getting up steam, banking fires, etc. Ordinary time to be paid for Sunday pumping. Men attending pumps or doing general work below ground to be paid 9s per shift. Working through pillars: Driving narrow places through pillars to be paid at the rate of 3s 3d per ton. With the consent of <he manager the miners to have the option of working at piece rates or shift wages. Keeping employment book: The company objects to this clause. Machine work: The company shall have the undisputed right to work any part or the whole of the mine by machirery, either by contract or day wages. His Honor asked if the parties to the dispute had held a conference. Mr A. Forbes (representing the Miners' Industrial Union) said the company had written asking for a conference, and the union replied agreeing to meet at Kaitangata, but it appeared it was inconvenient for the company to come to Kaitangata, and as it was also inconvenient for the union representatives to go to Alexandra the proposal for a conference fell through. He did not think any good would result from a conference. His Honor : There is no harm in trying, and the court directs that the parties hold a conference and report the result at 2 p.m. On the parties returning into court Mr Scott said the conference was absolutely fruitless, the union refusing to meet the company in any shape or form. He mentioned, but did not comment on, the fact that the union's statement, in Teply, had only just been handed to him. Mr Forbes: We have l>ecn treated in exactly the same way before. His Honor: You should return good for evil, Mr Forbeß. — (Laughter.) Mr Scott (for the employer*) said that of the 148 industrial disputes he had been concerned with, this was the second occasion only in which he came before the court for the employers asking for a concession. He mentioned that fact to show that the employers did not upe the machinery of the act to enrich themselves. In the present instance employers found it impossible to continue under the present conditions, and he sincerely hoped, in the interests of the men themselves and of the district, as well as the employers concerned, that the court would give some relief. The company had been carrying on since 1899, and the shareholders had never received one penny out of the mine. All the money went to the miners for wages and for keeping the mine working. The miners had been ieceivdng «• high rate^ of wages — higher than was paid to other skilled labourers in the district, and it was not asked to bring them j below the standard of skilled wages. The ! position, after years of struggle, had to be faced, and the company could not go on paving the high wages. The directors did not come to the court and ask that the company should be put in the position to pay dividends out of a reduction in the workmen's wages. The directors would have washed their hands "of the mine long ago had it not been for the welfare of the men employed and the welfare of the district. Between 20 and 30 men were employed at the mm« in one capacity or another, end persons outside the direct employment of the company received benefit through the sale and delivery of coal, and if the workings were stopped all would suffer. If the mine were closed down consumers would also have to pay higher prices for coal. In asking for the concessions in the statement, the ' directors only wished to make ends meet. They had no hope of profit. The balance sheets for 1905 showed £2155 6s of reserve

capital. The statement for the following year showed this to be diminished to £1668 2s sd. The next statement showed a further shrinkage to £761 7s. Id, end now the reserve had entirely disappeared, and the company could not pay £290 due to the Government for royalty. The capital of the company was £3500, and there were 750 unallotted 1 1 shares, but the latter were unsaleable. The mine, like others in the district, was expen- j sive to work. Mr Scott then entered into an analysis of the- company's requests. The conditions imposed by the Coal Miners' Amendment Act of last session also hampered the company, as under the new provisions the number of miners to be employed in a mine with one shaft was practically three each shift, end the effect of this would be to seriously reduce the output. The miners had * point blank refused to meet the owners in conference, and, failing some relief, the owners would be compelled to close down. As showing the willingness of the- directors to carry on, he was instructed to make this offer to the men : If they would take up the 750 unallotted shares at par the company would go on paying the present rates of wages. Mr Forbes wished to know if the reference of the employers was properly before the court. Did the company appear as a registered company or as a registered union of employers? Mr Scott: As a registered union of employers. Mr Forbes: Was the proper form gone through in notifying members of the company that a dispute was to be filed? Mr Scott' The directors were each personally notified in writing of a special meeting at which a resolution was- to be framed. Mr Forbes: Was a ballot taken and recorded ? Mr Scott: A vote was taken and She fact noted in the minutes. Mr Forbes: Then I contend it is not properly before the court. When an association of employers is registered as a union it must go through the same form as a union of workers. Section 105 of the a-ct provides that an industrial dispute shall not be referred to the court for agreement or award unless and until the proposed reference or .application had been approved by members in manner following— that was to say: (a) In the case of an industrial union, by resolution passed at a special meeting of the union, and confirmed by subsequent ballot of the members, a majority of the votes recorded being in favour thereof, the result of such ballot to be Tecorded in the minutes ; and (b) in the case of .an industrial association by resolution passed at a special meeting of the governing body of the association and confirmed at special meetings of a majority of the unions represented by the association. , His Honor: The point has never cropped up before. If the company is registered as an Industrial Union its members may be concerned. Mr Scott: The directors represent the members of the company, which is an individual employer. His Honor : The act does not make it clear whether the company consists of members or a directorate. The words are "Industrial Union of Employers," not "employer." Mr Scctt: It could never be the intention of -the Legislature that each individual shareholder of a company should be personally notified in writing. His Honor: The only thing is to proceed and ascertain by evidence if the matter is properly before us, and if an award is made and Mbr Forbes is not satisfied, he can proceed by prohibition. Mr Scott remarked that the coal mines of Otago had been worked under individual agreements, and workers' unions had picked the eye 3 out of these and had them embodied in awards. To meet this it was intended at the next sitting of the caurt in Dunedin to bring forward a united coal mine owner's reference, which would aim at securing uniformity in awards. Evidence in support of the employers' referene was given by George Spencer, chairman of directors of the companyq, who said the present company took over the mine in 1899. No dividend had ever been paid to shareholders. All money had gone in wages and expenses. Royalty charges due to the Government were accumulating every day, They had difficulty of late in paying fortnightly wages. Unless some relief was given the company could not carry on. The case I was only brought to the court in desperation, and to improve the position. In 1904 the workers were asked to accept a reduction, but refused. About 25 men were employed in the mine, and if the mine closed these men would not be able to get employment in the district. The Alexandra mine coal was the ofulv local coal used for domestic and other local purposes. His Honor: What about putting up the price of your coal? Witness: It has been raised fiom 9s Id ta 10s, and then to 11s, and as the result of the last-named price twoK dredging companies had left them. The next nearest mine was the Mathias mine, and the next mine was two or three miles above Clyde. Most of the work in the Mathias mine, he understood, was done by the employers themselves. The shares were practically worth nothing. Mr Scott: .Three manes have been closed in the district ? Witness : Yes. To Mt Scott: We would like to keep the mine open for the sake of the dredges and the district. The balance sheets for 1905 showed £2155 to capital account, which was reduced to £761 in 1906, and was extinguisned in 1907. If shift miners were reduced from lls to 10s they would still receive the highest wages paid for similar work in the district. The Mathias mine, being email, he thought could not supply the coal, and householders might not take it. Household coal would require to be imported from outside the district. To Mr Forbes: The previous company to the present one did no good. When the £2155 4s 6d was in credit it was the result of a large output and good times. He had not stated when Mr Justice Cooper made the first award that if the award was made the company could not carry on. It might be the case that the Mathias coal was the best for household purposes in Alexandra. He did not remember stating that the work of coal miners was more dangerous than that of dredgemen, and that they were entitled to , Is per day more. Lawrence Ryan, secretary to the company, said it was an industrial union of employers. j He sent out notices on December 31 calling J a special meeting of the directors to refer I the question to a meeting of the company regarding the steps- taken to get an amended award- The directors passed the resolution [ to refer the matter to the court, but no ballot was taken afterwards. Mr Scott: Companies have never considered it necessary to take a ballot of shareholders or directors. Witness : No. To Mbr Forbes : The company is not a member of the Coal Masters' Union in Dunedin.

To Mr Scott : A fire in the mine cost the company about £1000. Failing relief he was

convinced the company would be compelled to shut down. To Mr Forbes : It was absurd to suggest that the mine was desired to be kept going for the purposes of paying the directors £10 10s each per annum as directors' fees. James Pollock, mine manager, stated that t he had occupied the position for about four ] years, and the mine was about a mile above the township. They had to pump «t the rate of 180,000 gallons of water per day fromthe mine. There was about 50ft of water lying above the and this necessitated leaving about 25ft of coal overhead, which could not be Temoved. The department would not permit pillars to be removed, and five-sixths of the coal had to be left in the mine. The amendment passed in the Coal Mines Act last session had reduced the total number of men employed in shifts from 10 'to -six, and witness did not see how the mine could be worked with the reduced output. The output for the last year was between 8000 and 9000 tons, but that output under the new restrictions of the act could not be maintained. The Coal Mines Act Amendment was almost enough in i+self to close the mine. The mine had only one shaft, and it would take from £1500 to £2000 to put down another new shaft. About 1500 tons of dross and mixed coal was used in the mine. The cost of the mine was increasing, and the output of ooal was decreasing. To Mr Forbes: The coal was a little harder to win in some of the places. Since the bank-to-bank clause come into force the earnings of the men had been a little less. It was not the fact that since the bank-to-bank clause came into force on October 3 the miners worked 9 and 10 hours a- day. The forkng of coal had not much tendency to reduce the earnings of the men. It was not the fact that as the result of neglect of pumping precautions water was struck which cost the company thousands of pounds to keep back. Mr Scott : It is a most extraordinary admission that the men have been clamoring for bank-to-bank work, and when they get it they are the first to break it by working, according to Mr Forbes, nine to ten hours a, day. His Honor, at this stage (4.30), then inti-. mated that the court had decided to order another conference between the parties, the result to be notified at 8 p.m., and on the court reassembling at that hour Mr Scott intimated that an agreement had been come to, which, while not giving the company all the relief it wanted, would probably enable operations to be: carried on for two years. The agreement come to embodied the old award of 25th August, with Amendments and additions. The principal alterations being that 75 per cent, of the miners 1 shall ballot for special places; that the dross, if filled by the company, shall not be paid for. All coal to b| forked. -Deficient places to be paid shift 'wages. Workmen to provide their own lamps. Employers to allow Id per day per man in lieu of supplying tallow. Enginemen to be paid 10s per shift of eight hours, inclusive of time necessary for getting up steam, banking fires, etc. All time worked in excess of the hours specified to be overtime, and paid at the rate of time and aquarter on week days and time- and a-half on Sundays and holidays. AH men at present receiving more than the minimum wages to continue to receive same. The court adjourned till 10 a.m. next day. His Honor intimating that an award would be drawn up in terms of the agreement Arrived at.

MUSTERERS' AND SHEPHERDS' INDUSTRIAL DISPUTE. ALEXANDRA. February 26. The court resumed at 10 a.m. to-day to take evidence in an industrial dispute between the Otago and Southland Musterers' liidustriad Union of Workers and the sheepowners and pastoral employers. Mr S. Boreham represented th-p Workers' Union, and Mr W. Scott the employers. The norke-rs' claims in this reference are: Leading shepherds of long-wool flocks to be paid not less than £90 per annum; ordinary shepherds of longwool flocks vot less than £85 per annum; leading shepherds in the back country looking after merino flocks to be paid not kss than £90 per annumj ordinary shepherds in back country or shev berding merino flocks to be paid not less than £80 per annum — employers to supply men with sufficient wholesome food and not less than lib of butter per man per week. Musterers when engaged mustering for shearing culling, dipping or any other purpose to be paid not less than 10s per day. No time to be taken off for wet weather or for time lost over which men have no control. Musterers to be supplied with good, dry, sleeping accommodation on the hills, and in riH^oase shall musterers be expected, on coming into camp, to pitch tents on wet ground or sleep on wet tussocks or wet ground. Shepherds or musterers employed srow-raking to be paid at the rate of 10s per day The customary machinery and interpretation clauses common to all references areincluded in the workers' claims. The employers filed a counter referenoe fixing the payment of head shepherds at the rat<s of £75 per annum; ordinary shepherds at the rate of £60 per annum; board and lodging to be included in each case ; sufficient food of good quality to be supplied to shepherds by employers. Mustcrera when engaged for less than a week to be pajd at the rate of 10s per day ; for over a week and undei a month to be paid at the rate of 7a per day ; and for over a month to be paid at the rate of Cs per day. Snow-raking to be paid at the same rate as musterers, but shepherds employed by the year to do snowraking at the ordinary rate of wages fixed for shepherds. Youths and learners to be paid at the rate of 12s 6d per week for the first year, 17s 6d the second year, 22s 6d the third year, and after that the minimum rates fixed by the award, beard and lodging to be included in each case. Mr Boreham stated that considerable trouble had been taken in regard to the ballot to fix upon terms of reference. Three ballots were taken, and the proposals submitted were what was considered fair. The claim, for £85 and! £90 per annum for shepherds of longwool flocks was justified on the ground of the expense the men had to incur in providing horse, dogs, Mid equipment to carry on responsible work. Men at mustering time frequently had to work from 10 to 20 hours each day, and on othor occasions worked mcrning, noon,"" and night. Back country shepherds, in addition to working with sheep, were called upen to do fencing and other work, and tack their place with the musterers on the hills. Musierers were in the hands of employers body and soul from the time they went on the station until they left. They worked fromi 10 to 20 hours a, day, and often more than that, and 10s per day was not too much to ask for their labour. His Honor: What are the wages at present? Mr Boreham: They range from £1 5s to £2 10a to £3 per week. Then musterers sometirtefl lost their dogs, and they used their horses for station work without payment. Shepherds and musterer*' dogs were costly, and each man had to have four or five of them. As showing the value of musterere' dogs, he had himself geaa men offered £10

to recover » dog. dead or alive, which fell over a precipice. His Honor: Are the dogs of equal valu^ dead or alive? — (Laujiiter.) Mr BoTeham: No, your Honor. I only meiw tiou the incident to illustrate the value placed by a musterer or shepherd on hfa dogs. Coming to the supply of food, th«« is thjs matter of birtter. His Honor : Is it necessary to refer to that. Employers are willing to supply sufficient food of good quality. Does it not include butter? Mr Boreham: We think it necessary to specially mention it in the reference. Mr Scott: Men all get butter; you know that, Mr Boreham. » Mr Boreham: In some places they do not. We ontly ask in this respect that they b« treated in the same way as shearers are. His Honor: How many men have you in, th* union? * Mr Boreham: About 100. There are some 1500 men in the district covered by th* reference who are . employed in these occupations, and they should all belong to the union. They are holding aloof until they sea how the union works. Over 400 employers altogether had been cited in connection with the dispute, and 75 per cent, of , these were paying some of the wages asked for. Ha objected to the term of engagement having anything to do with regulating' the wage* paid. Thomas Trevarth, musterer, gave evidence as to his earnings and the conditions of employment, and amid he started work at a a.m. when mustering, and he often worked from 10 to 17 hours per day, Sundays^in- | eluded. The occupation had its risk* both for dogs and men in high country. Mr Boreham, referring to the qualification's of a musterer, said all that was required was knowledge of the country. His Honor: Much more than that is necessary. Knowledge of sheep and their habita is required. It is- also necessary ta have some knowledge of how to drive sheep. It i» nonsense to say knowledge of the country is all that is required. Continuing his evidence, witness said there> were four muaterings at some stations during each year— namely, docking, shearing, weaning, and the fall— the latter when it was necessary to drive sheep from high to low. country. He thought the demand fox 10s pet day for musterers was reasonable, and that 10s per day for snow-raking was also fair. Sometimes it was, difficult to get a dry place to- camp on in high country. Hi 3 Hotor: I am surprised to learn that there is difficulty in finding dry places in Central Otago to camp on. Stuart Waddell, ,musteier, stated that he had been paid £3 pet week at one station, and at another £3 10s with 10s bonus and 10s for Sunday work. . Some days he had been at work from & a-rn. to 3 p.m., and afterwards drafted sheep' from 4 p.m. to 8 p.m. He started mustering four seasons ago at» £2 a week as a beginner, and, being unable to do the work, was reduced to 25a. At Benmore, after on 9 season's experience, be received £2 10s as a competent „ musterer. He received £3 per week at Moutere, and thought that was a rasonable wage for * mußterer. To Mr Scott: It was notf the case that he had engaged at two stations to work for £8 10s per week, and after arrival refused ta work at less than £3 after he found that employers were not in a position to refuse- \: William M. Chambers, musterer, said he had mustered at Ayrburn at £2 10s ■ pen. weefc for the first ye»r. At Mount Pisa ha received 35s and 5s fcr Sunday. At present he whs receiving £2 per Week, and lie usually worked from daylight to dark, Sundays and! .other day? alike. He thought huts should be erected at different camping places foe musterers to sleep in, so that they might! be protected from the weather. Failing tnaft some provision should be made for drying: musterers' clothes. Huntaway shepherds' dogs were worth about £10 each. Snow-raking was risky work, as the musterer often risked hia life to get the snow off a buried sheep. To Mr Scott: Mustering at Mount Pig* lasted longer than at other stations, and at that station it would be possible to have huta erected at camping grounds. Parker M'Rae, yearly shepherd and musterer at Galloway Station, stated that he received £65 per annum. When not working with sheep on station he did fencing, etc. 'laere were four shepherds employed, an<J during mustering long hours were sometimei worked. After several witnesses had been called who did not appear, Mr Boreham intimated that h« would call evidence at Dunedin and Oaniaru. ' >. Mr Scctt said the employers would call no evidence at the present stage, but would opeu tfieir case at the sitting of the court in Duuedin. The court then adjourned, to meet in Duj» edin to-morrow (Friday). Fridat, February 28. The court resumed its sittings in Dun* edin at 10 a.m. on February 28 to take further evidence in the xnnsterers' and shepherds' dispute with tha eheepowners of Otago and Southland. The Workers' Union was represented by. Mr S Boreham (assisted by Mr A. FoTbes), and Mr W. Scott conducted the proceedings for the employers. John Matheson, called by Mr Boreham, stated that he had been a "shepherd for 10 years. He had done mustering and sometimes worked 16 hours a day. He had worked the hours referred to on Morven Hill Sta* tion. If a man received Is per hour foi pick and shovel work he thought 10s pec day was not too much to pay to a shepherd 1 . Mt Boreham : Have you ever done snowraking and if so what have you been paid for it? Witness: I have done snow-raking, and always received 10s per day for it. His Honor: The employers do not object to pay musterers 10s for snow-raking. What they object to is paying 10s per day for ift to yearly shepherds. Mr Boreham intimated that he had no further evidence to call in Dunedin, but would call additional evidence in Oamaru on Wednesday next. Mr Scott, in opening the case for the sheepowners, said a difficulty presented it* self in the matter, inasmuch as it was difiU cult to draw a distinction between a sheer* farm and a run, or between mixed agricultural farming and sheep farming, and sheep farming pure and simple. The court was asked to fix uniform wages and uniform conditions of employment for occupations where the circumstances differed. It was also asked that a high standard wage, equal to • that paid for the best skilled work, should be paid for work that was not -of & highly, skilled nature. In the workers' reference an effort was made to draw a distinction between the work required among long-wool flocks and merino flocks, but no mention waa. made of mixed flocks, and as a matter of fact the conditions of work were not, and; could not be, alike on any two stations or sheep farms. On a station carrying, say, 50.000 sheep where the country was hiljy work! was necessarily different from that on s. station where the country was flat, and neither ot the properties referred to could be satisf*cVorilv clawed with farauy-laxge g£

jznall, where mixed farming was carried on. Duties of workers on " .the various places differed, and it would be exceedingly difficult to create uniformity. It was difficult in some holdings to say where a shepherd's duties began and ended — they assisted in farm and. agricultural work, did fencing, .fence repairing, and many other things. — and if each class of work was to be paid for a>l different rates a bookkeeper would be required to go round with the men to note and jheck the work each one was doing, and Afterwards classify it. The sheepowners had tried to get over the difficulty by definingthe duties of shepherds and by regulating the conditions* and pay of rmisterers. The position in regard to mustexers was this: Was a man going round the country with a (ot of mongrel dogs to receive the same wages as a man of experience among the sheep, who had trained dogs? He hoped* to be able to show from evidence that a witness who said he had received £3 per week as » musterer on two stations had obtained the payment by unfair methods. It would be shown that men who started mustering received 35s and worked up to 40s per week. Then he would ask was a novice who went on as a shepherd' to get the same payment as a> trained man with trained dogs? He thought, before coming to a decision in these matters, the court should wait until the Conciliation Board in Canterbury brought down its report defining the work of farm hands on agricul- • tuxal and on' mixed farms. In the dispute filed by the men in the present case very high wages were no doubt asked, with the idea |feat a much higher rate than that now ruKttg would be given by the court. But if wages and conditions of mustering were"~fixed too highlit might mean thai neighbouring §ioidexs'~~would dub together and! do their own mustering. A question that would arise •l«o was whether rounding up sheep in * • large paddock was to be classified as musterIng. There were also other matters th»t , would crop up during the hearing. j Patrick Pattullo, superintendent for the New Zealand and Australian Land Company. , and manager of thrf Moeraki Station, said i he did not know any other employment in which there was so much' harrfiony as between Vhepherds and their enxployers. "Very frequently if a man came and asked for higher wages, and if he was agocd. man and worth it,' he usually received it. Mri&terers, on the other hand, were a periodic class. During mustering period's they were engaged mustering, and at other times they weze 'rabbiting, or were employed in fanning werk> -It was almost impossible to make a distinction between the shepherding of merino-and longwool ) flocks. It was also hard to .make a definition 1 of what constituted a head shepherd. Some.times a head shepherd occupied » position j analogous to that of a manager. He thought ; no head shepherd Should be recognised unless , three or four shepherds were employed. In ' the case of Moeraki Station he paid th» head shepherd, owing to his responsible duties, j £90 per. annum., The head shepherd, who ' had a wife and eight children, was suppliedwith food, » house, firing, and light for himself and family. The second shepherd had also a- family, and he was supplied with , rations, etc., for himself and family. Musrterexs on some • of* the company's stations .■were paid £2 per week in some cases and flese in' others. The average wages of shepherds was £75 for head men and £60 for ordinary shepherds. Men who came on to runs «s, cowboys, and to work in other capacities bad worked their, way up to the position of ahepherds, and afterwards took up land on ■• {their own account, and what these men had done- others could do. At one of the company's stations out of 83 days' mustering' , ''■there were only nine days occupied in actual nrusterirg, the remaining days being employed in driving the sheep and in other •way#. It was very exceptional for men to work 16 or 17 hours a day at mustering ■ itime. It was the result of exceptional circumstances when, musterers worked these hours, but the long hours worked on some■days was compensated for by few hours and easy work on others. In a low country station, where the sheep were in paddocks there was j practically no such - thing as mustering. So I tax as possible he thought every provision ! should b» made for providing musterers with dry camping grounds. As to snow-raking, it .would be difficult to ascertain when a yearly • ■hepherd was snow-raking or when he was engaged on ordinary shepherd's work. In [ the sheep industry between 8000 and 4000 •hepherds and musterers were employed. - Mr Scott remarked that the employers were ; prepared to pay a reasonable minimum wage, j What was objected to was the high rates asked for and an impossible uniformity. In reply to questions, the witness said the employment of youths or men who had passed j their prime was a very important matter in j the country districts; and it would be a ' very serious matter if anything was done that i would prevent youths and old men from getting employment except at high wages. George Pinckney, part owner and manager ©f G-lenary Station, Waikaia, corroborated the evidence' of the previous witness in regard to the harmonious relations existing between shepherds and their -employers. The same remark applied general!^, be bought, , 'to musterers. He paid £55 to £T9 for shep- j herds, the first-named sum {jeing paid to • 'beginners. He t>aid his head shepherd £100a. year, but- thi« man was practically a ananager. Two ordinary shepherds were paid £70 a year, and two others received £65 per year, each receiving a house free, ' rations, firing, etc.. for their families. The ordinary wage in Southland for shepherds was £60 per annum. Ordinary farm hards on small holdings, who did. shepherding work, received £1 jper week and brsurd. Musterera were paid £2 6a per week. Sundays inoluded, with three months' work guaranteed. That was what iwas paid on his station. To Mr Boreham: There were very fewpurebred merino flocks in Ot«ago and Southland; they were mostly crossbTeds. He always considered it was Ihe duty of the liead shepherd to carry any complaints to the manager, and where that was done the matter was attended to. Musterers sometimes only worked five or six hours, and long hours would only be worked once or twice in a fortnight — long days counted against Ihe short days, and there was always broken •weather. J To his Honor : It was necessary for a man to have two years or more training before 3-e became experienced, and during the time "jie shepherds or musterers were learning i~na business the owners suffered loss for any mistakes they made. Wolsey Kain, part owner and manager of the Argyle and Ayrburn Stations, stated •that rmisterers were paid £2 per week p»d 6s 8d for Sunday work on his stations. ' "Shepherds were engaged by the week on •Both stations. Witness went out munteri«K birnself. The shepherds had done htiov.'r airing on his stations, and nothirg extra ■bad been paid for this work. Harold Studholme. owner of Glcnkeui'-h Station, Southland, said he paid mu*ier?m £i per week and 6s 8d for Sunday work, Special men received a little extrn. When » C>ig fall of snow came on he emjj'oypd r y.itu tnen. The he«d shepherd receive 4 4I»K ( second shepherd £80; and si yfiHt'g Umu vjhepherd £60. He would not }j«y lU' --«* Crages to any man who came along >t wMif'l Se absurd to do so. The ordinary sh«-i»h«-r'l *as worth from £55 to £60 a year, and >f U<* TO* Mt worth that he was not wo j tit »»</-

thing. It was necessary that boys and youths should be trained to gain experience in shepherding work, or there would bs a dearth of shepherds. In reply to a question from Mr Boreham. the manager of Moeraki Station said he had never heard that in Clydevale Station the hands were all dissatisfied. At this stage the further hearing of the dispute "was adjourned to Oamaru on Wednesday next, and the court adjourned to sit in I)unedin on Monday, when two compensation claims will be heard. * ALEXANDRA COAL MINING COMPANY. The following award of the . Arbitration Court in the dispute between the Alexandra Coal Mining Company and the Otago Coal Miners' Union was filed on. Saturday: — Balloting. 1. All places to be balloted for every three months. (a) In the case c-f blanks being drawn, those drawing them to ballot for" the first place or places to start, (b) One man to oallot for His pla-oo oxlt of two- or more places in the same manner as two or more men would ballot for one place. (c) The first man out of a place to start in the first place vacant or to be broken off. (d) Not less than 75 per cent, of miners to ballot for all special places, (c) The iinion shall appoint two scrutineers who shall accompany the manager or his deputy and examine and mark all places to be balloted for. "The said scrutineers to draw ballot on behalf of the members. Hewing Bates. 2. Borda, stentons, and levels, 9ft wide and 6ft high and over, to be paid at the rate of 3s 9d per ton. Dross, if filled by the company, "not to be paid for. All coal to be forked. Tracking. 3. Miners to truck coal to a distance of not more than 25 yards from the face ; beyond i that coal to be trucked by the employer. I 4. Truckers and bottomers to be paid 9s per shift. ! Deficient Places. ■ 5. Deficient places to be paid shift wages,, and to mean places driven through soft, stony, faulty coal, extremely hard places, or places under 9ft wide and 6ft high. Should a dispute arise as to whether a place is deficient, the scrutineers to have power to examine the place, and in the event of their being unable to agree with the management, then the matter shall be referred to the stipendiary magistrate, whose decision shall be final. Wet Places. 6. Wet places to be paid shift wages for a six-hour shift. Shift Men. 7. Miners when paid shift wages to be paid 11s per shift. 8. No shift mem to be allowed to work in places where piece rates have been fixed. Places. 9. No more than one man to be employed in one place, except under special circumstances to be decided by the manager. Hours of Work. 10. Hours_ of work to be in accordance with the provisions of "The Coal Mines Act, 1905." All time worked in excess of the" hours herein specified shall be considered overtime and paid for at the rate of time and a-quar-ter on week days- and time and a-half on Sundays and holidays. Timbering. 11. All timbering " work required to be done to be paid for by shift, wages. Tonnage. 12. Fifteen four-bushel bags to i constitute a ton. 13. Bags to be equally distributed throughout the mine. Equality of Work. 14. Every workman to receive an equal share of work, but the manager to be at liberty to employ the most suitable men for special work, such as timbering, cutting, special places, etc. ' Wages and General Conditions. 15. Wages to be paid fortnightly. 16. Places when worked by two shifts to be paid for at the Tate of 4s "3d per ton. 17. Any workman taken away from the face to do any -work, whether outside or inside the mine, to be paid shift wages. 18. Workmen to provide their own picks; the employer to sharpan and repair the same. 19. Workmen to provide their own lamps. Employer to allow one penny per day per man in lieu of tallow. v 20. Brace men to be paid 9s per shift. 21. Engine men to be paid 10s per shift ( of eight hours, inclusive of , the time necessary for getting up steam, bunking fires, etc. I 22. All workers at present receiving more than the minimum wages mentioned in this award shall continue to receive the same wages. Preference. 23. So long as the rules of the union permit any person of good character and sober habits-MBOw employed as a miner in this industrial district, and any other person now residing, or who may hereafter reside, in this industrial district, and who is of good character and sober habits, and who is a competent workman, having regard to local requirements, to become a member of such union upon payment of an entrance fee not exceeding ss. and of subsequent contributions, whether payable weekly or otherwise, not exceeding 6d per week, upon a written application of the person desiring to join the union, without ballot or other election, then and in such case and thereafter the employer shall employ members of the union in preference to non-members, provided there are members of the union equally qualified with non-members to perform the particular work required to be done and willing to undertake it: Provided that this clause shall not interfere with engagements subsisting between the employer and nonunionists at the time when such amendment as aforesaid shall h& made, and notice thereof shall b& given to the employer or at the date hereof; but the employer may continue to employ any miner then actually employed by it as theretofore, although such miner may not be o. member of the union, and although such miner may, from want of trade or otherwise, be from time to time not actually employed in the mine : Provided that a man shall immediately become eligible as if already a unionist if he shall bona fk!c give notice to a delegate of the union employed in or near the miae of his willingness forthwith to join the union. '24. So soon a<3 the union shall perform the conditions entitling the members of the union to preference under the foregoing clause, the union shall keep at the Alexandra Po«t Office, or in some other convenient pace which may be agreed upon •>y the local secretary and the mine manager lor th« lime being, a book to be called "the «'iiiplo> merit book," wherein aL-all be entered i\ « rinn:<»'i and exact addresses of all the ntPtnh^TH of the union who shall from time In tirri" lie desirous of obtaining employment v/itli Hi*- <*:np'ovcr, and the names, addresses, «()•'! ot< tij,,-t : oii<( of all persons by whom each £u")t »ii'tjilj°r <jf the Ui^.ion shall hive b?en (■mit\f,\"-\ fluri'i^ Ihe preceding two years. Irnrri'-'lhilc'v upon nny member of tbe union (feiiiK In fillip einp'oyment a note thereof *foull b'onlored in such book. The executive of the union shall use their best endeavours

to verify all the entries contained in- such book, and "the union shall be answerable as for a breach of this award in case any entry therein shall be wilfully false to the knowledge of the executive of such union, or in case the executive of sivch union shell not have used reasonable endeavours to verify the same. Such book shall be open to the employer and its servants without fee or charge at all hours while rthe said post office is open ; or, if kept at any other place, then between 8 a.m. and 5 p.m. on every working day. If the union fail to keep the employment book in manner provided by this clause then and in such case and so long at such failure shall continue the employer may employ any person or persons, whether members of the union or not, to perform .the work required to-be performed, notwithstanding the foregoing provisions. 25. The employer shall not in the engagement or dismissal of its hands discriminate against meuibers of the union," nor in the conduct of its business do anything for the j^urpose o£ injuring^ ili-e uniozi, "wji^tlielr directly or indirectly. 26. When members of the union and nonmembers are employed together there shall be no distinction between them, and both shall work together in harmony and shall receive equal pay for equal work. Under-rate Workmen. 27. Any workman who considers himself incapable of earning the minimum wage fixed by this awa-rd may be paid such less wage as may from time to time be fixed in writing between the workman and the secretary or president of the union ; and, in default of any" such agreement within 24 hours after such workman shall have applied in writing Jco til© secretary of the union stating his desire that such wage shall be agreed upon, as shall be\ fixed in writing by the stipendiary magistrate sitting in the district upon the application of such workman. Twenty-four hours' notice of such application shall be given by such wqrkrnan to the secretary of the union, who shall be entitled to be heatd upon such application. General. 28. Anything not provided for herein may be arranged between the mine manager and the local committee of the union, and in case of any difference between them such difference shall be decided by the chairman of the Conciliation Board or some other person appointed by him. 29. The provisions of this, award are limited to the parties herein named. Term of Award. 30. This award shallNcome into force on the 2nd day of March, 1908. and shall continue in force until the 2nd day of March, 1910. Memorandum. This award embodies an agreement arrived at by the parties at a conference ordered by the court after the dispute had been partly heard. Monday. Mabch 2. (Before His Honor Mr Justice Sim and Mr J. A. M'Cullough.) The court eat at 10 a.m. COMPENSATION OASES. POWER v. NEW ZEALAND COAL AND OIL CO. (LTD.). Claim 'JE3OO, compensation in respect of accident in the Kaitangata coal mine on March 20, 1908, by which claimant's vertebral column was ao injured es to totally incapacitate him. Mr A. C. Hanlon, for claimant, stated that his client had of late been growing rapidly worse, and paralysis was feared. This morning he had been advised by the police that they had taken charge of Power as a lunatic: the paralysis thus feared had attacked the brain. Under the circumstances he thought it best to adjourn tie case to the next sitting of tae court. Mr D. Cooke, for the respondent, agreed, e-nd the case was ordered to stand over until next sitting. M'LAY V. HARTLEY AND RILEY CO. This was an application by the relatives of George M'Lay, deceased, for the apportionment by the court of the compensation (£400) paid by the respondent in respect of M'Lay' s death. 1 Mr W. C. MacGregor appeared for the sdult dependents (Jessie Falconer .Davy, daughter, and Alice Mary M'Lay, daughter^ and Mr A. R. Barclay on behalf of the infant dependents (Alice C. Davy end Lillias He'en M'Lav, granddaughters, and Cecil M'Lay, grandson). After hearing the recommendations of coun. sel, the court made the following order: — Jessie Falconer Davy, two-sixteenths ; Alice Mary M'Lay, three-sixteenths; Lillia3 AlLay, four-sixteenths; and Alice G. Davy, sevensixteenths; the two, latter amouns to be paid to the Public Trustee and invested by nim for the benefit of the two children. JOHN CRAWFORD v. CHRISTIE BROS. Claim for compensation in respect of an accident by which Crawford's eye waa slightly injured. Mr W. Hay for claimant, aud Mr J. C. Stephens for respondents. Mr Hay stated that' an amicable settlement < had been, arrived at between the parties. He therefore asked that the case be struck out. The court agreed to this. JANE PEATTIE v. ALEXANDRA LEAD GOLD DREDGING CO. Claim for £100 compensation, for the death of the claimant's husband, which, it was alleged, had occurred as the result of an accident while 3eceased (Albert feattie, p, dredge hand) was carrying out his duties in December, 1906. — Mr A. R. Uarclay appeared for the claimant and Mr W. C MacGreg.or for the respondent company. | The care was partly heard at Alexandra ' last week, when it was resumed yesterday. Mr Barely said the parties had come to an arrangement, and a ceitain sum would ,' be paid by the company to the claimant. j As the claimant was the mother of eight children, all very young, he asked the court to make an order that the amount be paid '' to Mrs Peattie, to be used by her for tne maintenance of herself and the children. The court ordered that the mo'iey be paid to the w.dow. to be api-lied by her for the ' benefit of herself and the childien.