EMPLOYER PROSECUTED

Taranaki Daily News, Volume LIII, Issue 251, 2 March 1911, Page 5

EMPLOYER PROSECUTED

IMPORTANT POINTS IX DEFENCE. Hj Te^mph.—i'rew AiMciatioa. Dunedin, Last Night. In the Police Court to-day a case which had previously been adjourned again came before Mr. Widdowson, S.M. A charge under the Factories Act was preterred against MacDougall and Co., ' alleging that from February 12, 1910, to February 19, 1910, they failed to pay (k proper wage to a worker named iiosie Naylor, and had continued to fail to do :so frojn February 19, 11)10, till January, 21, 11)11, contrary to the provisions of the Act. The defence put forward by Mr. W. C. MacGregor was twofold, and! the first part of it disclosed the curious fact that while the girl did not receive the wage as stipulated by the Act, the aggregate of her earnings in live and a half years of employment was more than it would have been under tile proper, system. In the period she received £lßl 12s 6d, while under the fixed, rate she would have received only £169. The defence also raised the point that the proceedings had to be commenced within a month after the oll'ence was committed if the maximum fine did not exceed £5, and within two months at any rate. The case had previously been adjourned to allow the Inspector of Factories to consult the Crown Solicitor, bo that the rather important legal points might be argued. Mr. Newton, however, this morning announced that the case stood in exactly the same position as before. He was not represented by counsel because he had been unable to obtain the necessary legal authority. Mr. Widdowson remarKed that it was not fair to the Court. He wished to hear argument on both s. : dcs on the legal points, which were not simple. While he was in no way blaming Mr. Newton, he did not think it fair that he (the Magistrate) should be called unon to act both as prosecutor and judge, "it seemed to him that the' section regarding limitation was up in an unjoue manner, and that jvas .why~-frtr;wfched for argument on both sides. He would reserve his decision as to the point of limitation. At pregeqt he Jras against the inspector "ton it; '• Mr. Newton said in thut/case they would probably have to reMd the matter for appeal. He recogj&lbd it was a matter of conßlderable'"ini[Jortance. Mr. Widdowson: That is why I wanted it properly argued here. Decision was reserved. i