THE MIDLAND RAILWAY CASE

Temuka Leader, Issue 2902, 3 December 1895, Page 3

THE MIDLAND RAILWAY CASE

Wellington, Nov, 29

When the Arbitration Court resumed this morning, Mr Blake, the umpire, said lie was sorry to announce that the arbitrators had been unable to agree on the question of jurisdiction, and had therefore withdrawn from the case, and consequently the onerous duty devolved upon him, under the arbitration deed, of deciding the case alone. He held that the power of arbitration remained, notwithstanding the seizure of the railway (admitting its validity). The question of recission of the contract was a mixture of law and fact, and he would receive evidence on the subject; and if any wrong had been done by his ruling it could be easily and inexpensively set right. He wished to leave New Zealand as soon as possible, therefore ha would sit long hours and request counsel to compress the evidence as much :is possible. Mr Blake then proceeded to hear the evidence, Mr R. Wilson, the company’s manager, being the first witness. Later. The Hon. Mr Blake said that there was to his mind a balance of evidence in favour of the course he proposed to adopt, and which he considered would serve both parties best. As to the farther particulars asked for by the Crown, the company had partially met the demands of the Crown, and if it appeared that these demands had not been fully complied with he would call upon both parties to see that they gave the particulars necessary, and were prepared for what they had to meet. As to further objections it was obviously better not to express any opiuiou until the proper time came. As to the question of the power of the arbitrators to deal with the seizure of the railway under the contract, his present impression was that thecornpany’s contention that the contract applied, woull bo extremely difficult to maintain, but for convenience ho would adopt the same course with regard to this as with regard to the other point upon which the same questions of powers were involved—ho would permit of evidence to bo heard. As the notice of arbitration seemed to him at present to have regard to the seizure it would be unfair if these matters were not considered, and he would therefore ask both sides to consider this question of the scope of the arbitration as it would have been had it been a little larger, and the Crown to consider its duty to deal with those points, in which case ho would reconsider them at a later stage. As to getting through the business as quickly as possible, Mr Hutchison said 1 hat he would endeavour to meet the Hon. Mr Blake’s views, and Sir Robert Stout said that ho would give the decision of the Crown on Monday as to whether he would agree to the question relating to the seizure being considered in this arbitration, as suggested by the Hon. Mr Blake. Mr Wilson’s examination was concluded, and Mr Allan Scott’s examination-in-chiof taken. Nov. 30. Mr Blake intends to try and get tho arbitration finished by Christmas. The company’s wi'nesses are expected to take 1 eii days, and the Crown’s a fortnight. In tho Midland Aibitration case t o day, Mr (lolly applied for further particulars as to the company’s claims in respect of mining reserves, clause 33 of the contract, dealing with applications for 1 md, timber claims, and generally as xo ilia vavioqa matters claimed for the company. It was contended that further particulars as to clause 33 wore handed in yesterday, and this was admitted. The company then agreed to give on Monday as ma ' particulars as possible *e r 'ardiii" the mining reserves 3 13

-..e effect of this will bring with'ii the scope of the arbitration a 1 objections taken by the company since the seizure of tiro railway on 14th January, 181)5;