RAILWAY APPEAL BOARD

Manawatu Times, Volume LXXVIII, Issue 12752, 26 March 1914, Page 8

RAILWAY APPEAL BOARD

PALMERSTON SITTING. A DEADLOCK. The Palmerston sitting of the Railway Appeal Board commenced yes-' terday, Mr W. P. Haselden presiding. Mr C. P. Ryan represented the first division and Mr D. Dwyer the second division. Mr H. Davidson appeared for the Railway Department.

The first appeal was that of Jas. Walsh, clerk at Lambton station, Wellington, against withholding recommendation for promotion to next subgrade. Appellant was represented by Mr Hanlon.

Mr Dwyer wished to know whether the Traffic Manager (Mr Duncan) was to be allowed to sit alongside Mr Davidson to coach him, seeing that he was to be called later to give evidence against the appellant.

The Magistrate ruled that the Traffic Manager had a perfect right to sit.

Mr Ryan then moved the adjournment of the Board.

The S.M.: "If you want to create a deadlock you can do so." He declined to adjourn as he could see no reason for it. Every judge in the land would allow Mr Duncan to sit there and he personally would take the responsibility of allowing him. Mr Ryan then quoted sub-section 3 of section 63 of the Act which showed that the Department's case had to be conducted by some member appointed by the Minister on behalf of the Department. He contended under the Act that Mr Davidson alone had to conduct the case.

Mr Dwyer mentioned that there was a decision given in Auckland some four years ago on the same point by the late Dr. McArthur, and the coach had to leave the Court.

Mr Ryan held that if it was right to assist the Department it was just as right to have outside counsel to assist the appellants. Mr Davidson had conducted cases before and he did not think it was necessary for Mr Duncan to assist him. The appellants were there on their trial and Mr Duncan was there to give information to Mr Davidson which he should already be in possession of. The Magistrate said that Mr Duncan was not there to appear for the Department but to assist in giving information. He, the Magistrate, was there to give fair play and not to see the scale go down heavy on either side. He had sat on this Board for ten years.

Mr Ryan said he was not prepared to waive the powers of the Board.

The S.M.: You are only obstructing the business. Let us get on." Mr Ryan: "The best thing to do is to adjourn this case and take the others that Mr Duncan is not interested in."

The S.M.: "I say go on." Mr Ryan: "I think we had better confer.'' Mr Dwyer: "I agree to that."

The S.M.: "I am going to sit." Mr Dwyer and Mr Ryan then left the Bench to confer.

j Mr Davidson, in their absence, said a matter of principle was involved and this thing must be settled once and for all. j The S.M.: "That is so. I will wait a few minutes to see what the other 1 members of the Board have to say."

After an adjournment of an hour, it was decided to adjourn the Court till 10 o'clock this morning, the Magistrate intimating that there was a rock in the way that must be cleared away. He was sorry to waste the time of those interested and his own time, but he could see no other course open.