The Evening Star WEDNESDAY, DECEMBER 1, 1909.

Evening Star, Issue 14229, 1 December 1909, Page 6

The Evening Star WEDNESDAY, DECEMBER 1, 1909.

We publish this evening a startling deei- ■■■■' . sion in the case of Pnlrjck An Important Lawless, who was some Decision. time ago. killed by accident on the Catlins River Railway. His. fid her and mother sued the. Crown in the Arbitration Court to recover compensation' for" the loss of their son. Mr A. 11. .Barclay appeared for the plaintiffs, and Mr J. F. M. Fiaser for the .Crown. Mr Barclay argued that, the eo- | operative workers were-really contractors, '■and that Patrick Lawless, though not employed'directly by the (iovernmenl. was entitled to succeed, because he was working for the sub-contractors. Mr urged, that the co-operative .workers were not contractors at all, but piece-workers. ■The Arbitration-Court, however, held that the plaintiffs' contention was correct, and awarded compensation. The result of this decision, which, doubtless, is correct, in view of the form, of .agreement drawn up for the co-operative' workers to sign, and signed- by -thorn, lias a startling effect. It means that .no co-o]>orative worker employed by the Government, and who has signed th'e usuaT" printed' agreement, throughout the .Dominion is entitled, if injured, to recover compensation from the Crown. . It is quite obvious that that is a""state: of affairs which' ought not to be--allowed to exist for a single .day.. The. diihculty could doubtless be got over by altering the form of agreement to be signed by the men taken on to work in future. It is clearly the duty of the authorities to take steps at once to relieve- the men from the unfortunate .position in which the decision of this case..places them. trust -that--the necessary -steps -will be taken without a moment's delay. It is. understood that Jthc new dock contractor are asking tho Dock Trust to forego the penalties' charged for delayed 'completion of the dock', in return for wliich ,-the contractors will forego their claim of £20.000 compensation for alleged failure cm the-part" of "the Trust to dredge out the dock site. Were, the suggested compromise mutually ugreed'lo, the readjustment |of accounts would leave the Trust indebted to the contractors to the amount of about £16,000. Of thio sum between four and.live thousand are for extras, which the contractors .suggest be submitted to arbitration. As the" case stands at present, the Trust have, after deducting penalties, tendered 'Messrs'Scott Bros, a cheque for £5,0C0 odd in full'settlement for all moneys due in' connection' with the construction of the new dock. The contractors, on the other hand, consider the Trust owe them £36,000, and nave not drawn on the Trust's cheque. ' The meeting of the Taieri Licensing Committee to-day lapsed for want of a quorum, only- two members attending. T . lu '. is" now called .for Saturday? In'.connection with the extraordinary vitality.|or .councillor for Second-Ward, Morningkm, a. requisition is in course of signature asking Mr D..Nicol. to stand. Mr H. A. lleynolds will, again offer' his services. .I'wo boys., aged"twelve yews and ten years-respectively, whose pa'rents are both de;id, and .whose relations are in very poor circumstances, were to-day committed to the Caversham Industrial School, and ordered to be brought up in the Church of .England;.form, of, religion* - :-' Musselburgh residents -will be pleased to hear that' some definite" steps ere' being taken-in-the matter of opening up Xorrnanby etreet -through -to- -Victoria, -road. The St. ; Kijda town clerk. wasJiKtrncted at hist night's meeting.to ask'the City Conned- for permission to open, the "street, and also to draw up. an estimate of the cost of the work."-*. ""The number of eases of zymotic "diseases reported atlh'e-local Health Office, during tho past 'nioiith "was "as follows: Scarlet fever," town 10, country 10'; enteric, town IT country'.l; !tubercjdosis,'tow'ir2, country 5.;' diphtlieria, town 1,' country 4;'hydatid*, town. 1, country 1;" blood poisoning, country 4'f total, 40..'.'.The number' of: cases i <n the corresponding 'month of last .year \\Mi 78, scarlet fever beiug responsible for "?2 V .'..-"■':. '".' ■'■ "„ : ' ; ■'->■".' "';.':' "A duck Jarm has for some time thriven well at St. Clair, "but the' seaside residents are beginning to tind such "an institution undesirable, and have "complained' to the District Health' Officer, that it js .becoming a. nuisance. Dr. .Ogstdn" the matter to'the St. Kilda" Council, who ,'liave' .'inslructed .their .clerk to order • the owner'to-have the nuisance- abated immediately.';, •/. •". . '""'.. "."".".'. "Allan. Ijuruß aiid another lad aged fifteen rears -appeared, before-' Mr Wjddoweon, STM.. to-day on a. charge of using threaten.s!ljs..|johaviour in a .public .-pJa.ee so that a. bleach ot-the peace--was occasioned. Both pleaded not guilty: It. appears that the Vi'° %'*? a quarrel, which ended in a, rpugh_ and tumble. The- occurrence took a Sunday, just/as people'were ; vping . to_ ehiirch, The magistrate 'copvictfid..thei». and fine'd them-5b each and [costs (8s odjT

lhat part of Andersorrßay road, from Bay View road to Queen's Drive, is shortly to be tarred and sanded. , About 11.40 this morning' a fire hrokc out in a -wooden cottage in Lower Stuart street occupied by Mr M. G. Hunter and owned by -Mr C. F. Greenslade. . The cottage adjoins Hunter's-Freezing Works. Mr Hunter's wife -was away from home, and he himself was in the engine room at the works. His boy cahic from the house to him in the work*, .telling- hint that fire was. coming out of the chimney. The brigade were called out, and in spite of- a high wind managed to confine the outbreak to the house, which, however, was destroyed. Mr Hunter saved of his furniture only -an organ. The house was insured for £2OO in the Atlas and Phoenix Offices. . . An illegitimate male child was to-dav committed to the Industrial School, to be brought up in the Presbyterian form, of religion, and the mother was ordered to contribute 3s a week towards its support. A Napier message states that at a meeting of the- Employers' Association the Shops and Offices Act Amendment Bill was thoroughly discussed, and a resolution carried protesting strongly apjiinst legislation being promoted by the Government which will in any way override or nullify Arbitration Court awards. ' At the Port Chalmers Court to-day Messrs D.'A.-De Maus and J. Watson, J.P.s, granted a-prohibition "order against a man on the application of his wife. In the Police Court this morning a girl of fifteen years of age, who pleaded guilty to travelling from Burnside to Abbotsford without paying the railway fare, was convioted and discharged, on condition that, her father paid costs amounting to 13s. 6d. J)r Ogston, Health Officer,'is at present making one of his periodical tours through the goldfields. -He.will probably return to JUuuedin on Friday, night, - United Starr-Bowkett.—Attention is drawn to the advertisement of ballot and sale in No 1 group and ballot No. "2 group—each £SOO. Following on the, military manoeuvres held last Saturday, Staff Sergeant-major Rassani is 'delivering a lecture to the 'officers and noncommissioned officers on Thursday evening nest on fire control, >firc" discipline" and attack 'practice generally.-- U>-U.'-.;.. Get your parents, your best friends, to visit the "Acme.'' Photo Company, George' street. They have the' best and latest-mount* and grounds to bo obtained. Tel. 965.—[Advt.] Tho annual meeting of tho Diocesan Union in connection with the Brotherhood of St. Andrew will-be-held .in "St. Paul's Schoolroom to-night. . Something New.—Daintily-colored miniatures, in a)l sizes, by Morris, photographer, Princes street. They are not expensive. Call and see than. Telephone 859.—[Advt.] A notico appears in this issue re installation ceremony of Lodge "Otago Kilwinning, No. 143. A concert in aid of'the North Dunedin Boy Seems' fund will be held in the Early Settlers' Hall on Friday; December 10. A glass of Speight's beer at ■ lunch and supper is better than all the tea in [Advt.] A civic reception will" tie Tendered 'at the Town Hall at 11.30 a.m. to-morrow to Mr mid Mrs Will Cooks, who arrived-by to-dav's first express from the North.