OUR ARBITRATION LAWS.

Taranaki Daily News, Volume LI, Issue 216, 5 September 1908, Page 2

OUR ARBITRATION LAWS.

CHAHC-li AOALNSX COLLJLNS DiSAliaoJiU iSAhJSIW UNiON IIiiAMLY IINED By Telegraph,-Press Association. Wellington, luiuay. The recent pronouncement 01 CUb Auon'-iy-Uclierai that LUu striker's offence is an act tiiut does not continue from day to (lay but is complete wlieji the strike iirat occurs is supported by tlie Arbitration Court m a judgmuni delivered to-day in the case or tlie inspector of Awards v. Andrew Collins. During tlie wearing ol the ease it was proved unit Coilins was present at meetings of the linkers Union when the strike was decided upon, but declared 'himself against the strike. When, however, the strike had taken plate, lie threw in iliis lot with the strikers and encouraged theoi in their refusal to return to work. The Court in its judgment stated that it had already pointed out that to srike was an offence, but that to continue on strike was no offence. To construe

the word "strike" in ils popular sense would mean, therefore, flint vvnile a worker who continued on strike was not punishable for doing so, any person who aided him to do so was guilty of an offence. The doctrine that a person might be guilty of an onence by aiding and abutting the perform-

ance of an act which was itself not an offence was certainly a novelty in jurisprudence, and tlie Court could not believe tlhat the Legislature had ever intended to bring about such a startling and fantastic result by the language which it had used. On the other hand, to adopt the alternative construction and to hold that the word "strike" was used to denote a particular act which was made an offence by Statute and nothing more did not lead to any absurdity as that which followed from the other construction. Full ef-

feet could bo given to the language of tile Statute by reading the word "strike" in this restricted sense, and this was tlhe construction which the Court thought should be adopted, it was impossible for defendant to be guilty of the offence charged. The Court imposed a fine of £IOO on the Bakers' Union. The Court intimated that, if the fine were not paid, it would indict substantial penalties against the men individually.

PECULIAR POINT UPHELD. Wellington, Friday. A novel point was raised by counsel for Jcdra Domcnech, charged before thu Arbitration Court with aiding and abetting the bakers' strike, and the defence was upheld by the Court to-day. The contention was that defendant, who was once a baker, was neither a worker nor an employer under the Act, and the case against him was therefore dismissed. The judgment, however, contained some scathing comment on Pomencch's conduct and styled him an irresponsible mischief - maker. The Court added that the case showed the necessity of amending the law fo as to make it penal, as in Canada, for any person to incite or encourage any worker to go on or continue on strike.

A BUSY TIME IN STORE. Auckland, Last Night. The Arbitration Court sittings commencing on October Bth promise to be Jiusy. Up to the present, six disputes in as many different trades have been field, and several more are expected in a few days. The unions which have filed references are tihe coopers', fellmongers' and tanners', coach builders', painters', engine-drivers', and electrical workers'. In each case improved conditions are sought in respect of wages and hours of 10-hor.