TRAMWAY APPEAL BOARD

Dominion, Volume 8, Issue 2458, 11 May 1915, Page 3

TRAMWAY APPEAL BOARD

The Tramway Appeal ;Board held a sitting at the Magistrate's Court yesterday to hear the case of Motorman Wm. John Hilder. Mr. W. G. Riddell, S.M., was on the Bench, and there were associated with him ■ Mr. J. R« Palmer (representing the City Corporation), and Mr. M. Whelan (employees' representative). Mr. J. O'Shea, City Solicitor, appeared for the Tramway Management, and Mr. E. G. Jellicoe for the appellant. Hilder set out in his notice of appeal that he was appealing against tho actions of the respondents in unreasonably withholding his promotion, in that they did not appoint him in due time to vacancies' in the service, and in some cases had appointed'men junior to appellant in the service to higher places than he now held. He appealed in particular in respect to the appointment of Joseph Hughes, a motorman junior in the service to himself, to the position of an inspectorship. Appellant further stated that he had been continuously in the sen'ice since June, 1904, except for a period of about three months in 1905. He said that he had an unblemished record, and that though in addition to his appointment as motorman he held the position of relieving dispatcher, which was a step in the direction of an appointment to an inspectorship, and that he was one of the senior men in the service, he had not been appointed to any vacancy in inspectorships which had occurred since he became next in seniority for promqtion. Mr. O'Shea raised a question as to the Court's jurisdiction. The regulations, he pointed out, provided that the appeal should be lodged within a month of the complaint. The appointment of Hughes had been made in January. In other particulars, also, the statement was too indefinite. Counsel for appellant, in reply., submitted that the Court had ample jurisdiction. If the vacancy occurred in January and was not filled by the appellant, the latter still had the same right to-day as he had then. Counsel proceeded to outline his cause, alleging that Hilder had been a "marked man in the service." In 1910 he was unfortunate enough to lose his conductor, who fell off the sideboard and was killed. At the Coroner's inquiry Hilder attributed the accident to a defect in the permanent way. The tramway authorities thereupon took the offensive and counter-attacked, suggesting that Hilder had caused the accident. The authorities endeavoured to make out a case against Hilder, but failed.

Mr. O'Shea denied any suggestion of victimisation. Hilder had been given fair play, anj the authorities had only acted in the interests of the people. The Magistrate subsequently gave decision on the question as to jurisdiction. The regulations, he said, were quite plain as to the time-limit of one month. As the appeal was lodged on March 19, matters between February 13 and that date could only be considered.

Mr. Jellicoe gave notice of appeal to the Supreme Court on the question raised by him. He was not prepared to go on even after he had been told that Motorman Butler had been appointed temporary inspector on March 15. The hearing was then adjourned until May 31.