THE SHOPS AND OFFICES ACT

Otago Daily Times, Issue 13136, 21 November 1904, Page 3

THE SHOPS AND OFFICES ACT

THE PREMHIR'S REPLY TO THE MASTER GROCERS.

The Otago Grocers' Industrial Union of Emploj>crs, which sent a telegram to the Premier to tho effect that it approved, as far as its trade was conecrned. of tho early-closing provisions of tho Shops and Offices Act, have received the following icknowlodgm.ent: — '• Palmerston North, ftovembcr 18: Sidset Mikams, Secretary of the Otago Grocers' Industrial Union of Employeis, Duncdiu.—l am pleased to hear that the Dunedin grocers, so far as their Irado is concerned, approve of the earlydosing provisions of the Shops and Offices Act, but consider that an cxcoption shoukl bo mado in the case; of widows and unmarried women. So far as clause 5 is concerned, the only executions aro shops that aro worked with ono person, and without assistants, and refreshment-room keopors, and in respect to clause 15, tbo only exemptions for tho statutory half-holiday aro fruiterers, fishmongers, confectioners, and refreshment room keepers, and if the courts to interpret tho law it will bo consistent with the views hold by thoso whom you represent. My own visws arc, unless future experience changes them, that it would have been, advisablo to have allowed chemists, fishmongers, fruiterers, and hairdressers to keep open a little iator in the evening, as is the cas> in Australia. Under section 4 it is provided that shop assistants shall not be employed more than 52 hours per week, excluding meal-times, nor more than nine hours in any day, excluding mealtimes, except on ono day in each week, when they may work 11 hours, excluding meal-times, and they are not to bo employed for moro tha:i five hours continuously without an interval of at least ono hour for meals. Und-.-.r tho circumstances, if the act is administered with tact and judgment, tho present friction .will soon bo ended.—R. J. Seddo:-.'."

Tho following wiro was sent to the Premier on Saturday in connection with the Shops and Offices Ac?:—"Grocers' Assistants' Union lioro desires to express appreciation of your efforts in bringing Shops and Offices Act into operation, affirming principle of early closing. \Vc are in accord with employers in protesting against exemption of small tratvsrs. —T! Galuciis[i, socrotary Grocers' Assistants' Union." REPLY TO THE FRUITBROKERS, Tho following reply was received from tho Premier on Saturday:—" E. Moss, Esq., Secretary Dunedin inuitbrokers' Association, Dunedin.—Your telegram recorded; will await arrival of petition. Pending tho result of a test case ii is not likely inspectors will take action against fruiterers for opening a little early to receive fruit, and keeping open ■ a reawaablc time after 6 in the evening. On no account, however, must assistants be kept at-work beyond the hours fixed by section lof the act.—R. J. Seddox."

WHAT IS A COMBINED DISTRICT? Discussing tho various euggestions mndo to defeat the. objcct of tie Shops and Offices Act the Wellington Post says:—"The definition of a ' combiiir?.'!' district appears to us to offer tho most hopoful means of reducing tho whole of section 3to a nullity. U'o cannot see anything h the point that tho districts are not constihiled until the Minister of Labour has published tho necessary jiotice in tho Gazette. Section 8 expressly provides that 'all boroughs and town districts, any one of which is within a mile of any other, shall be deemed to constitute a " combined district."' These districts, therefore, are already formed, and all that the notico in tho G-azeiio can do is to facilitate tho proof of their formation, though such proof would be quite possible without it. The combined district of Wellington, Karori, and Onslow ir> thus, in our opinion, in existence already, but is this district touched by the provisions of section 3? We think not.

"Section 3 deals only with 'shops in tho combined districts of Auckland, Wellington, Christchurch, and Dunedin.' If the first two names had stood alone, it might have been contended that tho reference was to all combined districts included in the provincial districts of Auckland and Wellington; but tho addition of Christchurch and Dunedin clearly proves that tho reference throughout is to cities. Which, then, of the cities named constitute .1 combined district? Not one. By 110 streieh of language can 'Wellington' be said to mean 'Wellington, Karori. and Onslow,' and as the act contains no interpretation clauso of the usual liberal type—'ln this act "horse" shall he deemod to include " cow," '—and this particular provision is oi a penal and quasicriminal nature, wo do not see how the courts can play such tricks with its terms as to treat as identical two things which aro absolutely and radically different. Should this loophole fail, it is certain that other partial method.; of evasion can be devised—at anyrate, for the smaller tihops,—but nothing short of total nullification or total' repeal ■will suflicn, and Mr Seddon may be driven to a special session after all. In tho meantime, it is a sorry sight to seo tho wholo community, from tho Premier downwards, eagorly hunting for a technical flaw in a statute barely a wocnl: old; but, sorry as the spectacle is, we shall l--e glad indeed if tho hunt is crowned with tho success which not Mr Seddon,, but tlio shopkeepers deserve."

THE POSITION OF HOTELKEEPERS. (Pm United Press Association.) WELLINGTON, November 19.

Tlio point having been raised by the Labour Department, hotelkecpers are now prohibited from selling tobacco, cigars, or cigarettes after the ordinary shop hours or on shops' half-holiday. The local licensed victuallers have obtained a legal opinion that they are within their rights in continuing the practice, which lias obtained for years,

It was evident that the advices that the Shops and Offices Aot 13 not yet in operation were taken advantage of by numerous tradespeople 011 Saturday evening. The grocers and drapers' shops, as a general rule, were closed, or in the act of closing, at 9 o'clock, but chemists, fruiterers, tobacconists, and hairdressers, etc., conducted business as formerly. The publio evidently did not know whether tho aot was in operation or not, and at 9 o'clock there ivero excited rushes for many of the shops. Tho premises of sodio of tho butchers, grocer.-, and drapers were so crowded when tho hour struck that it was impossible in somo cases to get rid of tho people until a quarter or half-past 9. At a meeting of tho committee of tlio licensed Victuallers' Association at Ohristohurch on D'riday aftc-rnoon the following resolution was unanimously adopted:— "That the committee of tho Licensed Victuallers' Association strongly recommend all hotelkeepers in the Canterbury Province to abstain from selling or supplying cigars,

cigarettes, or tobacco during .{lie hours at which tobacconist?' shops are closed under the Shops and Offices Act."- ■ The proposal carried at last Wednesday's meeting to ask tho Waimate shopkeepers to sign a requisition requesting the Minister ,of Labour to fix certain hours at whiclf all shops should close was not acted upoij, so much opposition being- shown to the inclu*. siob of certain businesses, such- as, hairdressers, fruiterers, etc., within the scope of the requisition. A meeting to further consider the question has been called by tho Mayor for Thursday evening next.— Waimato Times.