HEARING OF WAGE ORDER

Press, Volume LXXXVI, Issue 26125, 30 May 1950, Page 4

HEARING OF WAGE ORDER

Comments Published By Newspapers SOME SAID TO BE BREAKING LAW (New Zealand Press Association) WELLINGTON, May 29. An allegation that newspapers have been breaking the law by publishing comments on certain subjects since the Arbitration Court began to consider the making of an interim general wages order, was made in the Court to-day. Mr W. E. Anderson, who has been appearing for the employers when the subject of the order has been before the Court, raised the subject when addressing the Bench at the conclusion of another case. He asked the Court to warn the newspapers and said that if the Court did not do so an information would be laid.

Thq Court declined to comment on what had been published in case, it should have to judge the actions of the newspapers later. “We feel that some steps should be taken to stop the publication of statements that have direct bearings on the general order," said Mr Anderson. “In almost every newspaper you pick up there -is reference to the cost of living, estimates of the cost of living, and the amount it would be necessary to grant to offset it.’’ He quoted from articles in the “Southern Cross” headed:

“Country-wide Protest Against Living Costs by T.U.C.” “Labour Party Also Plans Protest.’’ Mr Anderson said other newspapers had published matter to which he objected, but he did not name them. “We know of course that we can lay an information, but we do not want to take proceedings of that kind." said Mr Anderson. He was recalling an incident of a similar nature in 1942. when Mr Justice Tyndall remarked that on that occasion action had been initiated by information being laid. “We suggest that your Honour makes a statement warning the newspapers,” Mr Anderson said. “If the Court is not prepared to do that, we will certainly lay an information—probably more than one.’’ The Court retired to consider its response, taking with it newspaper clippings handed up by Mr Anderson. When members of the Court returned to the Bench, his Honour said that he understood the position was that Mr Anderson had drawn the attention of the Court to articles which had appeared in newspapers after the hearing for the interim general order commenced with the suggestion that they were calculated to obstruct, interfere or prejudicially affect the matters before the Court and with a request that the Court issue a warning. Mr Anderson agreed that that was the position.

“The Court is not prepared to issue any such warning, because that would indicate that the Court thought that some of the articles were actionable.” said his Honour. Section 115 of the Industrial Conciliation and Arbitration Act. 1925, read: “Every person who prints or publishes anything calculated to obstruct or in any way interfere with, or prejudicially affect, any matter before the Council or Court is liable to a fine not exceeding £50.” His Honour said that on March 4. 1942. an application for a general order was being heard, and Mr A. McLagan. on behalf of the Federation of Labour, drew attention to a statement in that morning’s “Dominion" and asked that the Court make a statement. On March 10 his Honour had said on behalf of the Court that if an offence had been committed under section 115, no action could be taken by the Court unless information was laid. What he had said to Mr MoLagan in 1942 applied to the statement Mr Anderson had made.

His Honour said the Court wished to make it perfectly clear that it did not intend to indicate whether the

articles were actionable or not actionable. It was not going to prejudge any article, especially as in the event of information being laid it would have to decide the question judicially.

ARBITRATION COURT FIXTURES (New Zealand Press Association) WELLINGTON. May 29. Because of its preoccupation with the hearing of evidence, on the interim wage order, the Court of Arbitration has cancelled all fixtures for the hearing of disputes from June 6 onwards. This is stated to be the first time the Court has cancelled fixtures in this way. Nine disputes are affected by the cancellation.

In July the personnel of the Court is being reconstituted as a result of the impending retirement of the employers’ representative on the Court, Mr W. Cecil Prime, and it is considered unlikely that a new date for making fixtures will occur before its reconstitution.