MAGISTRATE’S COURT

Manawatu Standard, Volume LV, Issue 230, 27 August 1935, Page 8

MAGISTRATE’S COURT

CLAIM AND COUNTER-CLAIM. In the Magistrate’s Court to-day, before Mr J. L. Stout. S.M., the Amalgamated Society of Kailway Servants of New Zealand Industrial Union of Workers claimed £l4 13s 6d and the eosts of the action from AV. O Donlioll, of 53 Bourke Street, Palmerston North, a train examiner, the former secretary of the Palmerston North branch of the union. A counter-claim was made for £l2 10s 2d as remuneration allegedly due, but not paid. Mr H. F. O’Leary, K.C., of Wellington represented the plaintiff union, end Mr A. M. Ongley the defendant. The statement of claim set put that prior to his resignation on September 23 1934, defendant was secretary of the Palmerston North branch. As secretary he was the recipient ot all dues paid by members of the uni? 1 } within the Palmerston North district and was responsible to account to plaintiff and to the branch for all receipts and outgoings of the branch. The statement alleged that on September 23 1934, the financial position of the Palmerston North branch revealed a shortage in its accounts of £l4 -USs 6d. Plaintiff alleged that defendant was liable to plaintiff for such shortage, which represented moneys allegedly received by him and not accoun ed for by him. Plaintiff had called upon defendant to pay the sum stat ed, but defendant had neglected or refused to make such payment. In the statement of defence, defendant counter-claimed for £l2 10s 2d, being for work done and services rendered as branch secretary 36 O f . oll °"„ s , : Salary from April 1 to June 30. 1934, £8 11s 2d; proportion °f s alal 7 0 VS™ July 1 to September 23. 1934, £3 19s, making the total £l2 10s 2d. In opening the ease, Mr O Leary asked leave to amend the claim by adding £1 6s which applied to the period prior to December, 1933. Mr Ongley objected and the objection was sustained. Evidence was given by Lewis ivlcllvride, general secretary ot tne A.S.R.S., as to a local secretary s duties. Statements of accounts had to be sent to witness quarterly, witmn 28 days of the close of the < P ,arte £ The statement of March, 1934, did not arrive until July 10. There was no certificate showing the balance at th bank at the requisite date. ine June balance-sheet did not arrive until September 3. The bank certificate showed the balance as at August 30 instead of June 30. Eventually a certificate for the J line quarter s balance at the bank was received showing a balance of £3O 18s 3d, but the statement had given the sum as ±-4o Is The branch’s books were audited in Wellington and at the end of June there was an apparent shortage of £oU 12s 2d. Before the statement had been forwarded there had been, however, a payment of certain moneys made in August. A certificate of batance had been obtained on the cia\ the payment was made and a sum drawn out and sent to Wellington as dues. Witness proceeded to outline the manner in winch a secretary s salary was paid, saying that it could not be paid until witness had forwarded a certificate. , Cross-examined witness said branen secretaries would receives dues at any time in the day or night. There were also branch collectors. Their moneys were paid in late to the secretary on occasions. There had been no clearance certificate sent to the Palmerston North branch for the payment of the seoretarv’s June quarter salary. Witness denied a contention by Mr Ongley that action was taken only when there had been a split in Labour Party views hold by the defendant and witness. The case, said Mr Ongley, was purely a political one. Mr O’Leary: We disclaim anything connected with politics. The Magistrate: We must confine ourselves to the claim and not touch oil politics. Witness admitted that ho had not supplied defendant with particulars as to whom £2 17s had been collected from and not accounted for. Witness understood that there had been no motion passed by the local branch under which the salary mentioned in the ease could have been paid. James Keith Purdy, accountant, stated that he had audited the Palmerston North branch’s books on request. He had been informed by officers of the society at Palmerston North that sums totalling £2 17s had been paid to defendant, but the books did not show that amount.

Sydney M. Thomson, now secretary of the local branch of the society, said the balance-sheet referred to in the minutes at an August meeting had not yet been passed by the meeting and no authority had been given for the payment of salary at that period. Cross-examined, witness said June quarter payments made to him as a collector had not been paid to defendant until July 27. William Edmonds stated in evidence that it had been alleged in September, 1934, that he had been £1 10s in arrears in his dues, but that was not so. Witness produced a receipt for 10s signed by “W. O’Donnell” on August 14. Witness said he had had every confidence in defendant and still had it. Witness did not remember not receiving a receipt for any moneys lie had paid to defendant. Leonard Clive Richardson, railway porter, gave evidence as to his having been acting-secretary from September.

The case was then adjourned until 2 p.m.