ARBITRATION COURT.

Evening Post, Volume LXVIII, Issue 79, 30 September 1904, Page 6

ARBITRATION COURT.

After wo went to press yesterday tho Arbitration Court — Mr. Justico Chapman. (President}, Messrs. S. Brown and R. Slitter — continued it* sittings. Further applications for enforcement of award, in cases in which breaches are alleged to havo occurred, wero heard. Wellington Engine Drivers' Union v. P. Hutson and Co., having in February, 1903, failed to employ aft engineer with a second-class certificate in connection with a certain boiler and engine. The union, represented by Mr. D. M. Findlay, prosecuted. Respondent Uut*on defended, his principal point being that at tho time of the alleged breach, and up till 31st March of this year, ho held a certificate from tho Inspector of Machinery to t«e effect that his boiler and engine did not need a second-class certificate. Mr. Piwdlay stated tlwt tho Public Works Department had, Btnco the breach, found that tho engine did require a certificate. Counsel contended that, at tho time of the breach, respondent had sheltered himself behind a certificate granted > under a mistake that was known to respondent. In support of tim, Mr. Findlay quoted a letter written by respondent in December, 1900, iv which respondent stated tho size of tho cylinder at a figure that brought it within the- dimensions requiring a second-class certificate. ■ Mr. S. Brown (employers' representative on tho Court) contended that the question of tlio certificato turned on tho capacity of tho boiler, not of tho engine. After a good deal of discussion on tbifl point, in tho cour.«»e of which respondent stated that had he known hi« engino and boiler came under the award ho would certainly have complied with it, the Court dismissed the case. Tho President said it was the plain, every-day case of a man, who could not be expected to know all Oho niceties of Hie law, relying on his certificate. It had not been shown that ho relied on a document ho knew to be a nullity. Wellington Tailorcssee Union v. Wellington Woollen Company, bread* of award by paving &id and 5d per garment for youtlW knickens and boys' knickers vwpectivcly. Tho award recognises 6d for golf knickers (men's), and the union conj tends that tho 6d and ssd, not being recognised in the award, aro a breach thereof. Tho Labour Department, roprcfteuted by Mr. FuKllay, prosecuted. Mr. Tripp de.fcn.dcd. Judgment was reserved, Tbo Court adjourned till to-day.