LAW FLOUTED.

Press, Volume LXI, Issue 18545, 21 November 1925, Page 7

LAW FLOUTED.

SUBURBAN GROCERY STORES. AUTHORITIES BLAMED. The action of the responsible authorities in neglecting to enforce an award of- the Arbitration Court which stipulated that New Brighton and Sumner grocers should close their premises at 1 p.m. on Saturdays, was strongly commented on yesterday by his Honour Mr Justice Frazer. Mr C. 11. Smith, Sumner, grocer, who was giving evidence in a dispute involving a petition signed by a number cf suburban grocers protesting against an agreement arrived at during Conciliation Council proceedings, to the effect that closing should take place at 0 p.m. on Fridays, said that the premises of grocers in Sumner were kept open on Saturday afternoons. Mr V. Cecil Prime (representing the employers who had agreed to 9 p.m. closing^: You have flouted the law yourself ?—Yes, with the consent of the representative of the law. Ills Ilor.uur: "Who is Ihe representative cf the law?— The Labour Department i.na trie inspeclo'?. 13is Honour: It is the first I have heard of it. Mi' Smiiii said that the Minister knew tlio position, vet had taken no action in the matter. Mr liunior: Did you keep open because the ot.licrs were ailowcd to keep open?— Yes. Flouting the Law. llis Honour: We do not want anyone to get 13)o impression that the Court'is a party to flouting the iaw. Mr SiT.lth: The Minister knew all about the matter, and the Inspector, of Awards knew all about it. Tiis Ilf.uour: It is a very undesirable state of rflairs that this Court should make awards, and that they should be deliberau-'y flouted. Mr 0. lienn (representing the workers): Do I understand that the Sumner storekeepers in Sumner have ignored the law, which requires them to close at 1 p.m. on Saturday*—That is the position. And no prosecutions have taken place?— That is so. Mr Renn: It is a most extraordinary state of affairs. Mr Renn added that, in view of Mr Smith's statement it would appear that someone had said, 'To hell with the agreement." Mr It. Hunter (workers' assessor): It looks as though someone had said, "To hell with the Arbitration Court," Amend the Law. His Honour said that the Court had only given its decision after going carefully into the matter, and talcing evidence. Tlio Appeal Court subsequently confirmed the award, and this being the case it was remarkable that the award, which was ttie law of the land, had not been enforced since the position was known to the authorities. The Court could onlv express great surprise that such should be possible. "The Court is in no. way a party to flouting the award," commented his Honour, "and did not know anything officially about it until this morning. There is only one. proper way to' alter the position, and that is by amending the law. It is certainly very bad policy indeed to ' allow an award of the Court to bo flouted." [ Tor Two Years. Mr Eenn stated that the Union was -at a disadvantage in that the award insofar as Saturday-closing -xra{>- c9nc&rned had been flouted for two years. Had it been!'administered, ho felt sure that the people of New Brighton and Sumner would have been cheated to doing their shopping before Saturday afternoon. He was of the opinion that the shopkeepers were encouraged to come to the Court as- they were doing because, of their success in flouting the law. It was deplorable that such should be the case. . His Honour said that it was bad that the law should bo treated in such a way. If it was deemed unsatisfactory, the law should be repealed, or altered in some way; otherwise it should be enforced. Mr Kenn again complained of the disadvantage in which the Union was placed owing to the award being ignored. His Honour: If the Court does decide to allow the Sumner and New Brighton shopkeepers to keep open on Saturdays it will not be because the law lias been flouted. Mr Prime agreed that it was a matter for regret that the law had not been enforced. The Court then adjourned.