THE ARBITRATION COURT.

New Zealand Herald, Volume LVIII, Issue 17885, 13 September 1921, Page 4

THE ARBITRATION COURT.

Upon second thoughts, Mr. McCullough has agreed to accept nomination for reappointment to the Arbitration . Court. It will be generally agreed that deliberation has indicated the wiser course, and one, moreover, that has commended itself to the workers' unions. Even the Alliance of Labour has explained that its resolution was not intended to destroy the Court, but to ensure the retention oi Mr. McCullough's services. Thus an immediate solution of the difficulty would be possible but for an unexpected defect in the law, which involves the suspension of the Court's proceedings for about five weeks. Provision is made for the deputyrepresentative to act in the absence of the nominated member "by reason of illness or other cause,'' but, owing to a strange oversight, not in the event ol his resignation, which creates a casual vacancy that must be " supplied in the same manner" as the original appointment. Since the fact of Mr. McCullougb's resignation is not altered by the form in which it was tendered—the date having been left open—the Attorney-General has advised the Government that the offices of both the principal and the deputy representative must be regarded as vacant, and until the formalities of nomination and appointment have been completed the Court cannot act. The anomaly has of course been noted for amendbut there is apparently no escape from the delay. The position is indeed unfortunate, since the impression that Mr. McCullough's action was due to a misunderstanding has been confirmed by the Presi- j dent of the Court. He resigned as a protest against the breaking of an agreement among the members of the Court, but Mr. Justice Frazer shows that no such agreement was made or could have been entertained. Had Mr. McCullough conferred with his colleagues he could not have ignored the soundness of this view, and would probably have recognised that his duty lay in cooperation with them instead of repudiation of their judgment.