SHOPS AND OFFICES ACT.

New Zealand Herald, Volume XLII, Issue 12860, 8 May 1905, Page 5

SHOPS AND OFFICES ACT.

[THE QUESTION OF ENFORCEMENT. STATEMENT BY THE PREMIER. "NO POWER TO SUSPEND THE ACL" The following telegrams have passed between Mr. F. K. Baume. M.H.R., and the Premier in regard to the' proposer' enforcement of clause 3 of the Shops and Offices Act, as from Saturday next: — Mr. Baunie wired t- Mr. Seddon as follows:—"A deputation, of Symouds-slreet shopkeepers informs me thai Inspector Ferguson has notified them that clause 5 will be enforced after the 13th inst. This is regarded by them as a breach of faith, as they understood that nothing would he done till Parliament had an opportunity if reconsidering the whole matter. I quite understand the attack that will he made on you if the Act is not enforced, but 1 think. in view of the fact that (he vast majority of members are convinced that a mistake had been made, that it won!-' be wise and proper, under existing circumstances, Hot to enforce clause 3 (ill Parliament reconsiders it. Kindly reply as soon a» possible. — Fred. Bamne.''

Mr. Baume received a reply from Mr. Seddon, which ran: "Your telegram re Shops and Office* Act. The Courts have now determined the law, and I have no power to suspend it. The Leader of the Opposition has denounced the Government, and said in his speeches ' It was suspended by the Government, in a most unconstitutional manner." There is no 'breach of faith so far as I am concerned. I .stated definitely thai, no action would he taken until the Courts had interpreted the law, and I have kept my word, and I am tsatistied that- to do that which the shopkeepers would ask would lead to the Government being impeached as soon as Parliament met. What is wanted is reasonable compliance, and I have no reason to believe that the inspectors will drastically or arbitrarily enforce its provisions. They are statutory officers, and under section 42 of the Shops and Offices Act the. following is enacted: 'It shall be the duty of every inspector to see the provisions of this Act, properly carried out, and to prosecute all patties guilty of any breach thereof.' They have their duty to perform to see that the provisions of the Act are properly carried out. and I cannot direct or instruct them any more than 1 can direct and instruct a policeman." On Saturday Mr. Bamufc telegraphed again as follows;— I would urgently request you to reconsider the position. It is ho doubt true that the Opposition will attack you should the Act not be enforced, but- I feel sine that members generally would much prefer even the suspension of the Act to the enforcement of the law which represents neither the wishes of the people nor the true mind of members. It is admitted that a. mistake has been made, and that the section must be amended or repealed. Under these circumstances 1 cannot see why the law, which has remained inoperative so far, should bow be enforced, and great, and possibly irreparable, mischief done to many innocent people. If you canuot see your way to agree with me, then. I desire to impress upon you the urgent necessity of calling Parliament together without delay, in order that the mistake it. hasmade, for which I accept my full share of responsibility, may be rectified.—Fred. , Ratline." I

To this telegram Mr. Baunie, up till last evening had received no reply.

A meeting of the Petitions and Defence Committee will be held at the oflice of the hop. secretary, Mr. .1. M. Shera.,Mercantile Chambers, this afternoon, at half-past two o'clock, to consider what steps, if any, should be taken to oppose the enforcement of th" Act,

FISHMONGERS AND THE ACT.

THE GAME AND POULTRY TRADE

[ST. TELEGRAPH. —OWN CORRESPONDENT.]

L'HRISTCHURCn, Sunday.

A notice has been sent to the proprietors of lis]) shops in GhTistchurch by the inspector of factories, calling their attention to section 15 of the Shops and Offices Act, and I" the fact that "a fishmonger is a person whose business is to sell fish and shellfish." Therefore, if they continue to sell game, poultry, or rabbits after receipt of this notice, they will be required to close their shops on I lie weekly halfholiday, or proceedings will be taken to enforce compliance with the Act. It was reported yesterday that Mr. H. A. Boardman had lodged an appeal against the inspector's decision, and that the case would probably lie a test one. When seen by a Times repot ter, the inspector said that the appeal would not be against any decision of his, but against the Act. A "fishmonger" had been defined by the Act. A rabbit was not a fish nor a. shellfish, and hares and game were not fish nor shellfish. Therefore persons selling these things in conjunction with fish could not he classed as fishmongers according to the terms of the Act. He recalled a recent test case concerning a fruiterers business. The Act defined a fruiterer as a person whose business if was to sell fresh fruit and vegetables. It had been sought to show that pot plants, flowers, wreaths, wirework, Maori kits, and gardening gloves could bo covered by the definition, but the magistrate had decided that these ■roods were not compassed by the words of the Act.