ARBITRATION COURT

Dominion, Volume 14, Issue 300, 13 September 1921, Page 6

ARBITRATION COURT

EFFECT OF MR: M'CULLOUGH’S RESIGNATION SITTINGS MUST BE POSTPONED RULING OF THE ATTORNEYGENERAL The Attorney-General (Sib Francis Bell) has ruled that the resignation of Mr. J. A. M'Cullough from the office of workers’ representative on the Arbitration Court must be accepted from the date on which it was tendered, and that the deputy-representative (Mr. M. J. Reardon) cannot take the seat, pending tho selection -of a successor to Mr. M'Cullough. The effect of this decision is to suspend the operations of the Arbitration Court, which cannot sit again until tho vacancy has been filled, lhe sittings of the Court at Auckland will be postponed. Sir Francis Bell indicated yesterday that he thought legislation was required to prevent such a difficulty arising again. The position that has arisen in conseauence of Mr. M'Cullough's resignation was unexpected. Mr. M'Cullough, as a matter of fact, so framed fils res gnation that the Government need not have accepted Lt at .once, and it appeal’s that both P Mr. M’Cullough and the president the Court thought that Mr. lardon might sit as deputy-Labour while the resignation was held in suspense This arrangement would have Enabled the Court to proceed with its work while the measures required by the Act for the filling ot the vacancy were proceeding. .The Attorney-General e ruling, however, is that fh-i law has made im> provision for such a contingency, and that the suspension of the resignation would not enable Mr. Reardon to sit It is understood that Mr. Reardon was willing to act in order to Prevent inconvenience being caused to unions that have cases awaiting the attention of the C< Tha ruling of the Attorney-General on the point is as follows ■ _ "Tho Court of Arbitration consists of three members appointed by the Gover-nor-General. Ono member is tho Judge and the other two are nominated members appointed by the Governor-General, one upon the recommendation of the industrial unions of employers, and the other on the recommendation ot the industrial unions of workers. When the industrial unions of employers and of workers respectively are invited to make a recommendation, tho GovernorGeneral selects four from the persons 00 nominated, two from the persons recommended by the unions of employers, and two from the persons recommended by the unions .of workers. The Gover-nor-General then appoints one of the two in each case to be a nominated member of the Court, and th® other to be an acting nominated member of the Court. Tho acting nominated member is only authorised to act as a member of the Court in place of the nominated member if the nominated member is 'unable by reason of illness or other cause to attend any sitting of the Court on the day fixed for the same, and it is likely that 'he will be unable to attend any sitting of the Court within seven cays after the day so fixed.’ "Mr. M'Cullough is at present the nominated member who was selected by the Governor-General from the persons nominated by the industrial unions of workers. For reasons which are immaterial to this statement, Mr. M'Cullough determined to resign that position, but with the object of obviating as far as possible the dislocation of the Court’s business consequent on his resignation, he sent it in to tho Governor-General in tho form that it was to take effect from a day ±0 be named by the Governor-Gene-ral. If it had been possible to duly constitute the Court by the presence of the acting nominated, member, Mr. Reardon, in place of Mr. M'Cullough, much inconvenience to the Coui't and to the public would have been avoided by the form of resignation used by Mr. M'Cullough. The procurement of new nominations from ths industrial unions of workers of >1 member to replace Mr. M'Cullough, and the selection by the Governor-General from the persons so nominated of a new nominated member of the Court and a new acting nominated member, involves a long delay of probably some five weeks, during Which, the Court/ not bripg fully constituted, cannot sit. Tho Government had anxiously to consider whether that inconvenience could effectually be avoided ’by the temporary substitution under the authority of the Industrial Conciliation and Arbitration Act of Mr.' Reardon for Mr. M'Cullough, and greatly regrets. that it is unable to advise that course. "It has devolved upon the Govern, ment to advioe His Excellency as to the date from which Mr. M'Cullough s resignation shall take effect. The only purpose of advising that that date should be postponed beyond the date of the. receipt of tho resignation would be to keep the Court still constituted of the three members, and to allow Mr. Reardon to sit as acting nominated member during the interval. That means that the question before the Government wfis reduced .to (he single question whether the terms of the Act would authorise an acting nominated member to eit under such circumstances. That is a question of law upon which necessarily I have had to form a separate and individual opinion aa the principal Law Officer of the Crown. I have been unable to advise the Government that during the period since ths date when Mr. M'Cullough sent in his resignation and any date from which that resignation should take effect Mr. M'Cullough is 'unable by reason of illness or other cause to attend any sitting of the, Court on the day fixed for the same.” Mr. M'Cullough is, in fact, able to sit but unwilling to flit. Any other interpretation of the words of the statute, would enable any nominated member to a’bstain during the whole terem of his office from sitting, and to substitute for himself the acting nominated member, and I am quite satisfied that such cannot bo the true interpretation of the language of the statute. In consequence I have felt hound to further advise Cabinet that the postponement of the acceptance of Mr M'Cullough’s resignation would have no effect other than to prolong tho period of dislocation of the Court until Mr. M'Cullough’s successor can be. nominated and appointed, inasmuch as the Court cannot lie constituted without the presence of Mr. M'Cullough himself, so long as Mr. M'Cullough continues to lie the nominated member, unless Mr. M'Cullough in disabled from attendance. "With great regret, therefore, the Government has been forced to the conclusion that Mr. M'Cullough’s resignation must bo accepted as from the date when it was tendered, and that the nominations from the industrial unions of workers must be taken, and that tho Governor-General must be later advised to select two names from the pomons so nominated, one io bo member of the Court in place of Mr. M'Cullough, andtho other to he the acting nominated member. The casual vacancy occasioned by Mt. M'Cullough’s resignation creates a vacancy, not merely in his office as nominated member of the Court, but also in the tenure of the position of acting nominated member held at present by Mr. Reardon. "The .Act requires amendment in this respect. There should he due provision for the continuity of tho Court, and it must not bo possible in future that,

the business of the Court should be delayed .for a long period by the death or resignation of one of its members.

MR. M'CULLOUGH’S INTENTION "WILL HOLD THE FORT.” By Telegraph—Press Association. Christchurch, September 12. On th# receipt of a telegram from the Dunedin Trades and Labour Council, stating that it had nominated him for the seat on the Arbitration Court, Mr. M'Cullough replied: “If re-elected I will hold the fort until such time as the movement has an opportunity to elect a successor without the present excitement." After reading Mr. Justice Frazers remarks as telegraphed from AVellington, Mr. M'Cullough said he would not say anything at present. , The Canterbury Trades and Labour Council has nominated Mr. 1 M'Cullough. MR M'CULLOUGH AND DENOMINATION. The AA r ellington Trades and Labour Council on Saturday nifcht ordered a telegram to bo dispatched to Mr. M'Culfough asking whether he would accept renomination to a seat on the Court. Tho secretary of the council stated last night that Tie hail not received a reply, but the Press Association message published yesterday, and tho following statement appearing in tho "Lyttelton Times” of Saturday’s date, appear to make Mr. M'Cullough’s intentions clear enough:— "Air. Al'Cullough, speaking to a reporter on Friday, was alMolutcly final in his declaration that nothing whatever would induce him to sit on the Court again He made if clear that this decision had lieen conveyed to the alliance at definitely as it was possible for him to make it, and that he would not on any account recede from this position. • AUCKLAND SITTINGS POSTPONED. "Tho Court will not hold any sittings now until after a successor to Mr. M'Cullough has been elected, stated the Registrar of the Arbitration Court yesterday afternoon. Auckland was to have been the next place visited by the Court, but now the Auckland sittings roust wait until the election lias been held. No doubt the delay will considerably inconvenience a number of unions. It is understood tl at the Auckland sittings would probably havo taken up about two weeks—one week on industrial matters and another on compensation cases. , The Court was duo to sit in Duneain on October 5. when tho Otago coal mines .dispute was to have come before it.