A SHEARING CASE.

Press, Volume LXVIII, Issue 14308, 20 March 1912, Page 10

A SHEARING CASE.

ALLEGED WET SHEEP.

Some interest was taken in four cases at the Rangiofa Court yesterday, the question involved being whether there was reasonable grounds for shearing at White Rock when the sheep were wet. Mr T. A. B. Bailoy, S.M., was on the bench. Chas. H. Ensor (Mr Acland) was proceeded against by . E. A. Hook, Inspector of Awards, for £10 for breach of the Canterbury Shearers* Award in Hhathe oh Decembor Bth 1911, agreed with B. Croft to shear an approximate number of sheep and on 18th January 1912, and did discharge him beforo completion of the shearing owing to the shearer refusing to shear sheep he had reasonable grounds for believing to foo wet, and also claimed £10 tor a farther breach in discharging J. Collie at the same time and in like manner. Benjamin Croft stated he was shearin" at White Rock. He said there had been a question of wet sheep raised on December 9tb. and at another date in that month. On January 17th there were wet sheep and on tho 18th some wero wot on the bellies and briskets through crossing a creek. They were shearing theso sheep which were Townend Brother's flock when witness called Fitzgerald the overseer's attention to their being wet. A vote of the,shed was taken. Six voted tho sheep wet, and three that they were dry enough for shearing- Ho shoro sixteen of which eight-would be wet. One man (Laffaghen) had left the board previously- as he was ill. He was satisfied the sheep were wet. To Mr Acland: About 300 sheep wero,put under tho shed, but in his opinion they would get wet on the outside. Had been shearing all tho morning of the 18th. Tho sheep were rather wet and they took a vote. Defendant had said any sheep that were wot could be put back. He'also said ho considered the sheep, in tho pens were dry.. 'J. Collie said out of five sheop three wero wet on the briskets and bellies. Tho decision . of' tho vote was given through their representative to Fitzgerald Had been shearing ton years and objected to shearing wot sheop. It was a ballot vote which .was taken. E. J. Grimsley, J. and H. Laffaghen and M. Laraty considered the sheep too wot to shear, whilst A. D, Carswell. E.. Talbott and G. Doxtor, were of opinion that though damp, tho sheep were not too wot to shear. '.■Cr. E. A. Hood, Inspector of Awards, said on January 20th, he saw defendant who admitted 5 per cent, of the sheep were wet. on the 18th through'coming irr through a creek. He stated.somo of'the wot sheep had been taken out of tho pens. . He saw Fitzgerald, the overseer,-who admitted a slight shower on the 17th. Defendant and his manager both'said they had been getting the sheep we-tr : To'Mr Acland: The wool-classor said only 5 per cent, of the sheep were wot, which oamo from the marshy laud and over the creek. For tho defence Mr Acland contended it* was not shown his client was included; in the award. It was not shown that" he compelled any of his shearers to deal w(th wet sheep. Witnesses had said he -did not ask them even to shear these sheep. As to the sheep crossing a] small creek, if that was to delay shearing it would be impossible on a station to got any work done. It was admitted that in tho mob of 3200 sheep which ' belonged to Townend Brothers ' some.had got- into the creek; at the most about 200 head. Tho men, he pointed out,' had every right to refuse the wet sheep, but - had mado a breach of agreement by refusing to shear the dry; ones.' .Talbott had admitted ho had no, reason to stop work . excert that other members of his union had done so, aild' that, practically meant that tho union'was to.supersedo an award of the Court. •'Nineteen; out of every twenty sheep wero dry, and;on:the r showing of the Government side of the case 75 per cent, wero dry. Ho asked for. a ruling as-' to ! whether there was a case to reply'to? • : ' * v«iThov Magistrate said ho would not . gjve a ruling now. " , ; '.--..-'"! ,• .C. ,'IL 'Ensor. said he. engaged, the shearers. to shear any sheen brought into tho shed. The mob dealt with on the 18th had been; in for two days, and were-under, the wool room, where they could get no rain. When brought in they had to pass over a small stronm, and some of them would stop to drink at%it.-. lit-was not; deep, hut a few might ;haye, been rressed into a hole about "12.-inches deeo. "Witness, on learning the ;men objected to go-on, wont .and told: them he* did - not want any; to shear wet sheen, and-those could get their cheques ..'and the others could go;on. In. two. pens of -eighteen sheep he only, found .one. wet-sheeo in each. Of "the 3220>heen; only 200 could be wot.' : -..Ho."bad examined 112 .of the fleeces, of'which only five or six were wet on the bellies. To Mr Hood:;On the 18th" no fleeces were put out. to '.' *? rv - ,'. - ■-, ■ '■■•-' '■■ ■ ■ ;CV>rroboTative evidence was -raven by •T" Fitzeerald; E. Mallinson, S7 and F. Townend." ' ,' - . .; Judgment was reserved..