SCOPE OF ARBITRATION AWARDS.

Taranaki Daily News, Volume XLVII, Issue 8162, 21 July 1906, Page 2

SCOPE OF ARBITRATION AWARDS.

A TEST CASE. p muss ASSOCIATION. Wklmngton, July 20. Tho Supreme Court is engaged in hearing a speoial case stated by the President of tho Arbitration Court, The question is one connected with the shipping award, and the Court is asked to determine as to tho juriadio-

tion of the Arbitration Court to make awards affecting employers beyond the territorial limits of the oolony. It was aliened that breaches of tho Cooks' and Stewards' Union award had taken place whilo the Union Company's steamers were m Australian ports, Addressing tie Court to-day on behalf of the Union Company, Mr Lovi contended that the Court's jurisdiction did not extend beyond tho three-mile limit from the New Zealand coast. He pointed out that section 35 of the English Merchant Shipping Act, 1894, gave our Legislature power to legislate for our coastal traffic, but such legislation had to be reserved for the con. sent of the British Sovereign. The Arbitration 'Aot had not received the assent of the British Sovereign, and could not therefore even affect the coastal trafllo of New Zealand, let alone traffic on the high seas, and what was done on tho Union Company's boats in Australian pwts. The Company, though holding that the award did not legally bind them, did not objoct to the coastal boats being bound by the awards, made, without authority, by the New Zealand Legislature to extend to Australiau ports,

Latbe, Mr Chapman, counsel for the Huddart Parker Company followed, much on the same lines as Mr Levi. He submitted that the award of the Arbitration Court did not bind the Huddart Parker Company, whioh was an Australian Cjmpany. In tho present state of the law the Huddart Parker Company could deduct from its men's wigcs, as soon as their boats were outside New Zealand, any amount in excess of the Australian rates that company might be required to pay while in New Zealand. He submitted, too, that the Arbitration Court award did not affoct his olient's boats while in New Zealand. Tho Huddart Parker Company's registration here did not make it a " person in New Zealand." As to the Cooks' and Stewards' award, that was a local award applicable to the Wellington Industrial District and running no farther.

Mr Jnstico Chapman said that he wrote to the Government ten months ago asking that machinery to permit ot a general award for the whole of New Zoaland being made Mr Justice Edwards said it seemed probable to him that if the Huddart Parker Company showed it was not amenable to New Zealand laws, Parliament would prevent the Company's vessel from coming in at all. Mr Justice Chapman did not think they could do so. Suoh an aotion would probably bo ultra vires. Dr Pindlay: "We oould make it most unhappy for yon to oome in though." After replying to the arguments adduced, Dr Findlay besought the Bench to give an early judgment on points raised. If the contentions of counsel opposed to him were correct, this country was now oxposed, so far as seamen and all others engaged on ship board were concerned, to the risks and osses ocoasioned by a great maritime strike, and to obviate which the labor, laws were primarily passed. Judgment was roserved.