THE RAILWAY ARBITRATION CASE.

New Zealand Herald, Volume XXXII, Issue 9991, 30 November 1895, Page 5

THE RAILWAY ARBITRATION CASE.

WITHDRAWAL OF | THE ARBITRATORS.

THE UMPIRE SITTING ALONE. [at MLSQBAra.— FBKSS ABSOOIATIOK.]

Wellington, Friday. At ton o'clock this morning the umpire in tho Midland Railway arbitration case (the Hon. Mr. Blake) took his seat alone. Ho Said he was Horry to announce that the jurists appointed to settle the difficulty in this matter had intimated their inability to concur, and had withdrawn from the caso and placed the onerous duty of hearing and deciding upon the matter upon him alone. Ho had reoeived from the Arbitrators notice that they could nob agree upon the points placed before them, and calling upon him to proceed without them. He wpuld therefore havo to undertake the duties devolving upon him. Undor the circumstances, if counsel dosirod to again raiso points already heard by the Court, ho would be prepared to hear argument upon them, Ho would express his view as rogards the points already raisod, which he had had no opportunity of doing before. The principal question to be decidod to day was the objection raised by the Crown that thore was at this time no powor for tho arbitrators or the umpire to dispose of tho matter or to act in it under tho provisions of the Deod of Contract, first, because the seizure of the line had taken place; secondly, becauso of alleged breaches of the contract on the part of the company. He did not regard the seizure as having this effect, and notwithstanding; the seizure, and assuming that) it was valid, he thought the power of the arbitrators and umpire romained. As to the seizuro of the line, that was a mixed question of law and fact, and he would not decide upon it till more evidence had been opened and further argument taken. He did not propose to accede to tho objections made on behalf of the Crown againsb the reception of certain ovidonce at present, both because his impression was adverse to the position taken by the Crown on this point, and because ho was doubtful whether it would servo the interests of both parties best. He had therefore decidod for the present to admit the evidenoo. If this course proved right tho additional cost would be small as compared to the very large cosb which would arise did ho prove to have wrongfully excluded evidence bofore being fully aware of its naturo, and so involve the very greab expense of re-opening the whole proceedings by rendering quite abortive those at present entered upon, and involving great further delay. Thore was, in his mind, a balance of evidence in favour of the course he proposed to adopt, and which ho considered would serve both parties best. As to tho further particulars asked for by tho Crown, he did nob think he was called upon to make any further order. Tho company had partially mot tho demands of tho Crown, and if ib appeared that these domands had nob been fully complied with ho would feel it necessary to call upon both parties to see thab thoy pave particulars necessary, and were prepared for what they had to moot. As to further objections to certain other evidence, it was obviously better not to expross any opinion till the proper time camo, and as to the question of bho power of bho arbitrators to deal with the seizure of tho railway undor tho contract, his present impression was that the company's contention as to the contract applying to that; would bo extremely difficult to maintain, but for convenience he would adopt tho samo course with regard to this as with regard to the other points upon which the same questions of power wore involved. Ho would therefore permit evidence to be heard. As to notice of arbitration, it seemed to him at presenb to have regard to the seizure. It would bo unfair if those matters were nob considered, and ho would therefore ask both sides to consider this question of the scope of the arbitration as it would have been had ib been a little larger, and the Crown to consider it its duty to deal with these points, in which case ho would reconsider them at n later stage. As to the conduct of the case ho asked both sides under the circumstances to supply him with copies of the correspondence and of previous evidence, to which they proposed to refer, and ho would tako the opportunity of acquainting himself with them while the court was not sitting. The time which ho was told would bo necessary when he agreed to come from England, and the time which it was now suggested tho hearing would take, did not quite agree, and he must therefore, ask counsel to be as concise as possible, and above all to havo no delay in the production of evidence. On his part, he would ait early and late in order to got the matter settled in a reason* able time without at tho samo time hampering counsel as to their conduct of tho case. Mr. Hutchison intimated that he would endeavour to meet Mr. Blake's views. Sir R. Stout said that he would give the decision of tho Crown on Monday as to whether he would agree to the questions relating to the seizure being considered in this arbitration, as suggested by Mr, Blake. The examination of Mr. Wilson was coneluded, and Mr. Alan Scott's examination in chief was taken. The cross-examination will be heard in the morning, after which an adjournment will be made for a day. Sir Robert Stout left for tho South this evening, and will be absent three or four days. In his absence Mr. H. Gully will have charge of the case for tho Crown.