MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1165, 28 June 1911, Page 5

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, S.M.)< ■A QUESTION OF MEMBERSHIP. EMPLOYERS' UNION. Some interesting points were involved in a caso in which tho Wellington Timber Merchants' Industrial Union of Employers sued the Prouse Lumber, Ltd., Wellington, to recover the sum of X's3 15s. art. for moneys alleged to bo. due for timber levies and fines, in accordancc with tho rules of the union. Mr. A. Gray appeared for plaintiffs, and' Mr. T. S. Weston for defendant. In stating plaintiffs' case, Mr. Gray said that tho union had been formed with tho object of promoting the interests of the local timber trade, and to arrange for arbitration, etc. Prousc Bros, and Co. belonged to the list of original members of the union, and. when Promo liio.i. end Co. went merged into the Frouse Lumber, Ltd.. tho manncing' director (or the secretary of the new company) attended meetings of the union fairly regularly, and dues weru paid on behalf of the defendants up till November last. One cf the" items in the .present case was a fine of .£'2s, inflicted for a breach of the by-laws.

For tho defcnco, it was contended that Prouse Lumber, Ltd., was never properly elected a member of the union; that certain provisions in the by-laws of tlie union wore ultra vires; and that the by-laws of the union were illegal, as being a restraint of trade. ■ Counsel further contended that the union was a combination "similar" to an American trust. ! Mr. Gray objected to tho remarks rondo by counsel for the defencc. The object j of - the union, he said, was not to restrain trade. It was to prevent members from "cutting' one anothers throats. • Tho Magistrate intimated that lie would' give judgment on the case on July 1. MOTOR-CAR TYRES. _ Devlin J.wiieson, motor accessories' dealer, Wellington, sued Thomas Patrick Lyons, molor-car owner, Wellington, to recovcr the sum of .£l3 10s., being the price agreed on for. two motor-car tyres sold and delivered by plaintiff to defendant in the month of February, 1!)11, and for which it was alleged defendant had not paid. Mr. C. R. TJix appeared Tor piaintilV and Mr. F. Petherick for defendant. After hearing evidence, his Worship cave judimerit for vlaintiff for /JO 155., with costs .Si 2s. .

BREACH OF AWAKD. On (lie information of It. A. Holland, Inspector of Awards, .l.'tnies Farley, butcher, Majoribanks Street, was lined •111 for a bleach oi' the Wellington Butchers' Award in 1 hut, during the months of April ami May lie had employed an order-earl, driver, and had paid hi in .fcl 15s. a week, instead of the award wage of .£2 lis. a week. UNDEFENDED CASES. Judgment. liv default, was given for plaintiffs in 'the following: undefended eases-.— 11. G. Anderson and Co. v. Albert I.ethaby, .£l3 19?., costs Jit Ife.; Hutt Countv Council v. John Cameron. =£13 10s. Id., costs ,£2 Is. od.; Alfred Ernest Kernot v. Edwin Ashtou, ,£3 os. fftd., costs 175.; Isidore Jacobus v. M. Hogfden, .£1 Is. (id., costs 55.; same v. J. Ileileson, .El 155.. costs 55.; A. and T. Burt, Ltd. v. l-'redk. Henry Brattle, costs 135.; Charles Begg and Co. v. Albert Burton Clark, ,£J, costs 10s.; M. Kendall v. A. J. Maiswy, ,£l Is., costs Hs.; Gamble and Son v. James Sutherland, .£5 10s., costs Bs.; A. null T. Burt, Ltd. v. Murphy Bros., .£43 2s. 3d., costs £2 lis.; John Mills and Co., Ltd. v. John 0 Rourke, ,£l7 17s. Id., costs .£1 10s. Gd.; t-icc. "Walker v. Fredk. Maion, .£1 Uscosts 05. SEQUEL TO A PREVIOUS ACTION. (Before Mr. "W. G. Rkldell, S.M.) John Vincent Dyke, liverv stable proprietor, Thorndon Quay. Wellington, sued Samuel Allen, stable manager, 23 Davis Street, ■ ■Wellington, to recover the sum of ,£l7 fls. 3d , alleged to be due by the defendant to the plaintiff for,moneys received by the defendant as manager on behalf of the plaintiff between January 30, 1911, and May 15, 1911, and not accounted for. Mr. E. K. Kirkealdu; appeared for plaintilV. and Mr. E. C. Levvev for the defendant. It appeared that there had been a previous action, Allen v. Dyke, a wages claim, which he had previously set up aa a defence to the action mentioned above. After hearing evidence, his Worship intimated that ho would have a look through the'cash book put in by plaintiff and give his decision on Tuesday next. In the meantime stay ot execution was granted on the judgment given in the previous action. POLICE CASES. Dimitri Garvice pleaded not guilty to a charge of drunkenness and to a further charge of being an idle and disorderly person with insufficient lawful means of support. Tho evidence was held to be against' him, and convictions were recorded on both charges. For tho first offence, a fine of ss. was imposed, the. alternative being 2t hours' imprisonment. As accused had no previous convictions, sentence on tho second charge was deferred until this morning to allow of' inquiries being made as to his chance of obtaining employment. An old offender, named Samuel I'aby Dunning, pleaded guilty to a charge of being a rogue and a vagabond with insufficient lawful means of support. He was sentenced to six months' imprisonment. Angus M'Donald. charged with drunkenness, 'was fined' 10s. in default -13 hours' imprisonment. A first-offending inebriate, who did not appear, was ordered to forfeit his bail of 10s., or in default 21 hours' imprisonment. Another first offender was fined 55., with the usual alternative. JUVENILE COURT. TWO TELEGRAPH MESSENGERS. In the Juvenile Court two young telegraph messengers, aged 15 and 16 years, were charged with theft of postal packets from tho To Aro Post Office. Tliey were remanded until to-morrow week. Each was admitted to bail in tho sum of .£2O and one surety of £20.