ARBITRATION COURT.

New Zealand Times, Volume LXXVI, Issue 5288, 28 May 1904, Page 6

ARBITRATION COURT.

PRESS ASSOCIATION. ■ AUCKLAND, May 27. At the Arbitration Court during the hearing of applications for enforcement in respect to the tailors’ award his Honor Urn -Trosulcnt. reserved the right to revise the penalties inf.ioted in certain cases where tho minimum penalty was imposed, tho reservation being made in order that the Court might consider whether the minimum penalty cf <£s fixed by tho agreement was binding oii’tl’'* J Lis Honor stated Iliac tbv cUiu.-o in the award did not originate with Tuo Court, and its inclusion could not therefore bo taken as an expression of opinion of tho then President (Mr -Justice Cooper) affirming the power of the Court to make such provision. The Court administered justice on the same principles as wore applicable to all Courts of justice, and hud power to exercise- unfettered discretion, bused on the result of evidence. Tho Court hold that ic was not bound by tho clause fixing the minimum penalty, and accordingly reconsidered and reduced tno penalties in a number of cases.

In the application of tho Builders’ Labourers’ Union to enforce an award against Arthur E. Clark, chimney-build-er and bricklayer, who had employed a labourer at less than the award rate, the Court held that there was evidence H' at least a nominal breach if defendant was bound by tho award. Defendant was not cited in connection with the making of tho award, and uuc Court held, therefore, that he urns not hound by it. Had the Legislature Intended to bind alt persons engaged in any industry, whether made parties or not, this would have ueen made clear. The application was dismissed.