THE RARAWA INQUIRY.

Taranaki Daily News, Volume LII, Issue 193, 18 September 1909, Page 2

THE RARAWA INQUIRY.

A TECHNICAL POINT. By Telegraph.—Press Association. Auckland, Last Night. The nautical enquiry into the imVhap in the Rnrawa's boiler on May 27th was continued before Mr. Kettle, S.M., to-day. Mr. R. MeVcagh. who appeared for the second engineer, submitted that tlu Court had not jurisdiction,- since there j had been no shipping casualty under the terms of the Act! Section 233 of the Shipping and Seamen's Act said that an enquiry such as this could only relate to the loss, abandonment, or material damage to a ship. In this case there had been no shipping casually within the meaning of the Act, sines there had been no damage to the ship at all, 'but only damage to the hoilor. The Court had no jurisdiction whatever, therefore, to enter on this enquiry. Mr. Kettle said lie was inclined to think that there was a good deal in the argument raised, but there was the probability that if he ruled this there would he a mandamus issued for the enquiry to go on to the end.

'Mr. F. K. Bauine, K.C.. who appeared for the third engineer, said he had previously raised (lie question of the Court's jurisdiction. There was authority to show that such an enquiry onlv had jurisdiction where the ship win lost, nbandoned or materially damaged. There was no one who would say thnt Ihis mishap involved serious damage to the shin.

Mr. Tilnys, lor the Crown, contended that the words "materially damaged" in the Act were apart from the words "lost or abandoned." He quoted ; n support of his contention the Supreme Court enquiry into the collision of the j Gertie and the Penguin, whtre the damage was not serious. _ Mr. Kettle: Yes, but that was a collision. In this case the Rarawa was never in peril. Mr. Mays: My contention is that a casualty in the engine-room is a casualty to the ship. Mr. Kettle said the decision of the Court on the question of jurisdiction would lie announced to-morrow. The finding on the points involved would follow if it were decided/ that) the Court had jurisdiction.