Sunday Labor In Mines.

Oamaru Mail, Volume XXIV, Issue 7492, 15 April 1899, Page 2

Sunday Labor In Mines.

(by telegraph.) Auckland, April 14. The first action for a contravontion of tho Sunday Labor in Mines Act, 1897» wft« brought in the Magistrate's Court, Paoroa ( when Thomas Gilmour, manager of the Waihi mine, was charged under subsection 5 with having employed labor in tho Waihi Company's battery on the evening of Sunday, March 26th. Mr Ctendon appeared for plaintiff. Mr Miller, who appeared for defendant, did not dispute that tho battery had Btarted work before midnight on the day named, but he contended that thcM proceedings had been taken against the wrong person. Mr Clendon Baid th»* the Act refer, ed to made the mine manager liable whether ho knew tho battery was working or not. Tho Mining Act of 18§1 gavo the definition of "mine manager" as being the person having tho principal control of the working of any mine, and Mr Gilmour oooupied that portion in regard to the Waihi Company, and was therefore liable. Mr Miller, in reply> contended that the definition of "min* manager" in the Aot of 1891 ha» b** o

. altered by the amending Act of 1894, which state* explicitly that where the cyanide mceniiwd the person in charge of the machinery nnt bold a battery superintendent's certificate, and that the battery superintendent takes the place of the mine manager in regard to the battery. Mr Gflmonr then gave evidence. He bela aa appolnfirent as mine manager of the company, but had no control whatever over the battery, neither did he give any orders in respect to it. He had never emplojed any labor in the battery, that being the dnty of the battery superintendent. His Worship said he would look into the point raised by Mr Miller, as it was a very Important one, and he would give judgment later on.