ARBITRATION COURT.

Evening Post, Volume LXXIV, Issue 27, 31 July 1907, Page 8

ARBITRATION COURT.

AN IMPORTANT JUDGMENT. Ths Arbitration Court has given judgmont in the case of Win. A. Carruthers v. the 'Union Steamship Company, :-. claim for compensation for injuries received by claimant while working in the engino room of tho Mararoa on the voyage from Wellington to Lyttelton on the sth January la^t. Claimant lost two of the fingers of his left hand. At the hearing 'of tha caso Mr. Levi for th© company contended (1) that ifc was not competent for tho Legislature J to legislate for a caso such a& the present one by providing for payment of compensation m conneotion with an accident which had happened on the high seas; (2) that assuming the Legislature to have power to co legislate, the case did not come within ths terms of tho Workers' Compensation for Acoidents Act, 1900, because the claimant was not a worker within the meaning of section 2 of that Act. With rcferenc3 to Air. Lcvi's first contention, the court decided that the Legislature has power to make a law giving t to a servant a ' right to compensation in respect to an accident happening on tho voyage of a New Zealand ship between t\Vo New, Zealand ports. As to the second point raised for the company, ths court also hsld that the business of the company was jin employment to which tho Act applied and that tho claimant certainly came within tho term of the definition "worker." The Court held that ths claimant was entitled to compensation, and ifc awarded him compensation at the rate of £1 2s 6d per week as from sth <Murch last, to continue during the total or partial incapacity of the claimant until the paymont was ended, diminished, or increased in accordance with tho provisions of the Act. Claimant was awarded costs £10 10s, together with disbursements and witnesses' expenses. ' Mr. Stout appeared for claimant.

"I had just conjo out of gaol with the intention aox loi'crming, but I got in with a few friendb and had a, glass or two,' ■and that's how ifc happened." The speaker was young in years — only 28 — but old and hardened in crime. He had pleaded guilty to stealing from a dwelling two rugs valued at 37s 6d, and he was brought^ up in the Supremo Court this morning' for eenteuce. "I do not see that i can extend any lonicncy to yon," said Mr. Justice Cooper. "You were released from gaol on 9th July, and you committed this offence on 12th July. You have a very bad record." Prisoner (Francis Shanahan) was first convicted on 23rd May, 1901, and since then has rarely lasted the sweeps of liberty, his offences, comprising theft (twice), iinlecent language, forgery (twice), and false pretences (twice. "It is quite clear that it is useless to be lenient,' 1 said his Honour, after reading out the "you are sentenced to twelve months' imprisonment with hard labour." The civil sittings of tho Supreme Court in Wellington will 'commence on the 19th prox. The. cases for trial before a judge alone will bo taken during the first week of tho., sittings. , The healing of the jury cases will commence on the 26th pi ox. Mr. Riddelt, S.M., had before him this morning Clara Algar, who pleaded' guilty to habitual drunkenness. His Worship, after .hearing the police report, sentenced accused to three months' imprisonment with hard labour. Two first offending inebriates were each fined ss, in default twenty-four hours' imprisonment. Frederick Ernest Banks pleaded "guilty and not guilty" to having been found by night without lawful excuse in the yard of the Convent of Mercy in Guildford-terra.cc. On the. application of the police accused was remanded until 7th August, in order to permit of some personal enquiries being made about him. On a charge of haying as- [ saulted Elizabeth Gibson, a^ man named Axei Cardell was remanded 'until sth August. Bail was allowed on Mr. ivilford's application in self £20 and one surety in £20 or two in £10 .each. David McDonald, charged with theft of tea valued at 30s, and Frederick Patten, charged with thef fc of knives valued at 7s 6d from some persons unknown, were each remanded until Monday. Bail was" granted in Patten's caso. Dr. Napier M'Lean will officiate as referee in the boxing contest at His Majesty's Th-eatro to-night, between T. Tracy, of Wellington, and'R. Turner, of Sydney, for the lifrhtw eight professional championship of New Zealand. Both men have been in strict training,' and a scientific exposition, is, expected. Th 6 booking of seats has been large, and it is expectpd that the theatre will be crowded. Two amateur contests, the principals in which aro expert boxers, will precede tho professional contest, which is timed to commence at 9 o'clock.- 1 • Messrs. W. F. Shortt, Ltd., will sell household furniture at their rooms, Willißstreot, to-morrow, at 2 o'clock. The Lands Department publishes an announcement in our advertising columns relating to tho Normandale Settlement. At 2 o'clock' on Tuesday, 13th August, Messrs. Dalgety and Co. will hold' a sale of land in the Pahiko <Estate, which is subdivided into thirteen farms ranging in aiea from 16 acres to 250 acres. Mr., F. J. Oakes, of the shoe .store, Cuba-street, announces that his shoe sale commences totmorrow morning. Mr. H. Ernest Leighton will hold a sale of furniture, piano, etc., at 1.30 p.m. on Saturday. .Details are advertised in this issue. Messw. Thomson and Brown insert a 'change list of city properties for sale, under tho heading of "Conservative Investments." Tho firm announce that they are sole agents for -Lancaster Estate, Karori, and tho Silvorstream Estate. Plans can bo obtained upon application Tho now Trocadero opens for business to-morrow. Lunch will se served from 12 to 2 daily. .... Messrs. Bridge and Frost, dentists, insert a professional notice in our advertising columns to-night. Tho adjourned special meeting of tho Wellington Amalgamated Society of Painters and Decorators' Industrial Union of Workers will be hold in tho Trades' Hall on Friday evening. Mr. J. Whito, auctioneer, Blenheim, adverlisos for Hale, in tho estate of Caroline Cross, tho Wairau Valley Accommodation House. Mr. M'Lood Craig will hold a public circle at No. 1, Home-struct, to-night at 8 o'clock, nnd will give readings from articles brought by the audience. Messrs. Macdpnald, Wilson and Co. iivport details of tho sajo of.houEohold furniture, etc., which thoy will eoII on Fri day al 1.30 o'clock at. tho residonco of Mfg. Hooper, No. 18, Campbell-terrace, Potouo. On Friday, 9th August, Mr. T. Maiidono Jackson (in conjunction with tho Farmers' Co-opcrativo Auctioneering Company) will hold a halo of dairy farms in the Brunlwooel Estate, Hamilton. Particulars aro advertised in tbi» ittua, ,