THE ARBITRATION COURT.

Otago Daily Times, Issue 19014, 9 November 1923, Page 4

THE ARBITRATION COURT.

There is a distinct novelty, in New Zealand at all events, in the appearance of the members of the Court of Arbitration as defendants in a legal appeal, and for that amongst other reasons interest and importance attach to the judgment yesterday of the Full Court in respect of an application by the Waterside Workers’ Federation for a writ of prohibition to restrain the Arbitration Court from enforcing certain provisions of the award governing waterside work. Apart from the merits of the case, as identified with the provisions and effect of the award, and the validity of the action of the Arbitration Court in inserting these provisions in the award, the Full Court had to consider the wider question of its own jurisdiction to interfere in any circumstances with the jurisdiction of the Arbitration Court. This latter point was raised at the outset by Mr Skerrett, K.C., who appeared in opposition to the application. He confended that the Court of Arbitration was entirely beyond the jurisdiction of the Supremo Court since sub-section 2 of section 90 of the Industrial Conciliation aud Arbitration Act reads: “Proceedings in the Court shall not bo impeached or held bad for want of form, nor shall the same be removable to any Court by certiorari or otherwise; and no award, order, or proceedings of the Court shall be challenged, appealed against, reviewed, quashed, or called in question by any Court of judicature on any account whatever.” In supp rt of the application A/r O’Regan made the point that the Arbitration Act of'New South Wales was practically a reprint of the New Zealand statute, and contained the very provision upon which Mr Skerrett had relied, yet, the Australian High Court had frequently granted prohibition restraining the Court of Arbitration. It was also argued that, while the Court of Arbitration could not he restrained as long as it acted within its own jurisdiction, when that jurisdiction was exceeded, the Supreme Court had the same power to restrain it as it find over any other inferior court. After hearing lengthy argument the Full Court has decided that the clause in the award objected to by the Waterside Workers’ Federation is not ultra vires, and it lias- accordingly disriiis-cd the application of the Federation with costs. Upon its merits, there-

fore, the case for the waterside workers has been unsuccessful. But the judges would not have got so far had they not already come to a determination on the more interesting question of the jurisdiction of the Full Court. An award of the Arbitration Court, said Mr Justice Sahnond in delivering the judgment of his colleagues and himself, was examinable in the Supreme Court, and a writ of prohibition could issue from the latter to the Arbitration Court. This judgment establishes the status of the Arbitration Court in its relationship to the Supreme Court of New Zealand. The circumstance that the position has only now been tested would seem to testify ratner eloquently to the discretion with which the operations of the Arbitration Court have been conducted in the Dominion since its inception.

In (sentencing yesterday the prisoner John Thomas Christie, who was found guilty of the Otago Farmers’ Co-operative burglaries, his Honor Mr Justice Sim paid a special compliment to the detectives engaged on this difficult case. His Honor said ho thought that Detective Lean and the officers associated with him were to be commended for the skill with which they had put the case against the accused and presented u body of evidence which enabled the jury quite properly to convict him. His Honor went on to sentence Christie, who has a particularly bad record, to terms of imprisonment amounting to 15 years and declared him to be a habitual criminal. Christie, although only 27 years of age, has earned a reputation as a daring criminal, and the police force, both here and in other parts of the dominion, is doubtless greatly relieved to know that he will be in safe keeping for a long period of years—that is in as safe keeping as it is possible to place him, for Christie will be sent by the express train this morning en route to Mount Eden Gaol, which is recognised as the strongest gaol in the dominion. Two members of the uniform branch of the force —Constables Herbison and Parkhill—are deserving of commendation for the part they took in bringing the prisoner to book. It was these jwii young police officers who suspected Christie to be the perpetrator of the thefts, and, keeping him within sight and reach, telephoned for the detectives, who found sufficient evidence to justify them in effecting an arrest. It may be mentioned that Christie made a second attempt to escape from the lockup in Dunedin, but the vigilant eye of one of his keepers fortunately frustrated his efforts. He was seen to be tampering with the lock of a large gate which connects the exercise yard with the cells, and on being searched a wonderfully well-shaped key was found in his possession. How he managed to become possessed of this implement is a mystery, as both he and the cell he occupied were searched every day. Sitting in Chambers yesterday Mr Justice Sim granted probate in the following deceased estates ;—John Clarke Wilson (Dunedin), James M'Arthur (Cavershatn), James Johnson (Caveraham), Charles William Creighton (Anderson's Bay), and Elizabeth Chaplin (North-East Valley). _ Letters of administration were granted in the following deceased estates ; —Robert Finlay (Heriot), and Mary Ann Mllroy (Dunedin). At a meeting of the Executive of the New Zealand Council of Agriculture (says a Christchurch Press Association telegram) it was reported that steps had been taken to obtain the consent of his Majesty the King to the use of the word “Royal” in the title of the proposed Royal Agricultural Society of New Zealand, and to request the issue of an Ordor-in-Council incorporating the society. As soon as these are obtained a general meeting of members will bo held (possibly about the middle of Decern Ijer) to elect officers and to make the necessary arrangements for the holding of the first show at Palmerston North next November. It is proposed to hold the second Royal Show at Christchurch, and the subsequent shows in the North and the -South Island alternately at such places and times as the council deems expedient, due consideration being given to the locality of the previous show. A Large membership of the Royal Society is assured. It was reported that the Prime Minister was personally making representation at the Economic Conference with a view to the removal of the disabilities placed on the importation of stud stock from New Zealand. A Bill is now under course of preparation, and it is anticipated that legislation will be introduced during the next session of Parliament. At the City Police Court yesterday, before Mr J. R, Bartholomew, S.M., a young man, 27 years of age, who had been previously remanded, was charged with forging a medical prescription for the purpose of obtaining a drug known as heroin. Chief-detective Lewis said that the man was still in the Hospital, and was not yet in a fit condition to appear. Accused was further remanded until November 15. For many years past religious services have been conducted at Gladstone by St. Stephen’s Presbyterian Church and at Pine Hill and Leith Valley by Knox Church. Under a new arrangement these three districts have now beeh combined into one independent home mission charge. The new order will be inaugurated next Sunday, when the Rev. D. Dutton will conduct services in the home mission district just formed. Within recent months over 30C0 head of deer have been shot in the Wellington Acclimatisation Society’s district (reports our correspondent), and this has had the effect cf bringing the herds under control. On one station in the Wairnrapa over 1000 head of deer have been shot since February ]2, 860 having been killed in the first two months. When the thinning out campaign started the deer began to concentrate on a sanctuary in this district, hut so thick did their numbers become that the settlers were forced to reduce them. The police records tell a pathetic story of the people who die and are buried unknown in big cities like Sydney. Every year (writes our correspondent) between 30 and 40 people in Sydney slip suddenly out of life with no one to identify them—the flotsam who. float about until death claims them In a small community identification becomes easy, hut in a city of nearly one million people, and with a largo floating population in addition, the problem of identification becomes difficult. The police consider themselves fortunate in being able to identify as many as they do, seeing that for the last 12 months, for example, 060 deaths were dealt with by the city coroner alone. Finger prints serve to> identify quite a number of hitherto unknown people who have passed out of life. These grisly records are known among the police as the Book of the Dead. In chapters in the various stations arc the stories of life’s failures and tragedies. A special meeting of the Taieri River Trust will bo held on Monday at Mosgiel. The business to be placed before the meeting is to consider all matters relative to the proposed special loan. It will not be necessary for ratepayers to lodge objections in respect of classification in the meantime. In conversation with a Wellington pressman, Mr A. R. Young, director of the live stock division of the Agricultural Department, referred to the subject of improvement of dairy herds by the elimination of scrub bulls. “I was rather surprised,” he slated, ‘‘to find that the New Zealand Fanners’ Union at its last conference turned down a remit providing for the elimination of inferior bulls, on the ground, I understand, that there ‘are not a sufficient number of purebred bulls to go round. This to my mind is a ridiculous position to take up, as there will bo no inducement for breeders to import purebred stock until they ore assured that there will bo a market, for thorn, and this will not exist until scrub bulls are altogether eliminated.” The Dunedin Rotary Club was the recipient yesterday of a handsome gift from the Rotary Club of Sydney in the shape of a boomerang, on which a gold shield with the Rotary emblem and a map of Australia and Now Zealand, also in gold, were mounted. The presentation was made by Rotarian Burley, one of the directors and the treasurer of the Sydney Chib, who delivered an interesting address with regard to some of the activities of that club. The members of the Dunedin Ciub carried a resolution, by acclamation, congratulating Mr A. F. Roberts, past president of the Wellington Rotary Club, on his appointment as New Zealander Commissioner to the Empire Exhibition in London.

The lanterns to be installed for .illustrating lessons in the class rooms of the Port Chalmers District High School are technically known as “delineuscope, model 3.” This is described as a high grade apparatus for use in school and college class rooms, and is designed to handle with equal facility both lantern slides and opaque objects. The iiluminnnt is a 1000 watt filament bulb, operated by either alternating or direct current such as can bo drawn from most wiring systems. The change from one form of projection to the ether is accomplished by swinging a concave reflector from throwing light on an opaque picture to a position which throws a light through condensers. Its installation at the Port Chalmers School is looked forward to with much interest. An explosion, which fortunately was attended with no serious consequences, occurred on the third floor of Messrs Kernpthorne, Prosser, and Co.’s factory in Stafford street yesterday forenoon, when a cask containing 40 gallons of acetic acid burst, presumably owing to the heat, but no injury was done to any of the employees, although some of the liquid, which fortunately is non-corrosive, splashed on some of the girls. As a precautionary measure bicarbonate of soda was applied to the arms and face's of those affected. It was mentioned at the meeting of soldier pensioners in the Returned Soldiers’ Association Rooms on Wednesday night that returned soldiers in New Zealand were offered better benefits, as far as repatriation and pensions were concerned, than in any other part of the Empire. On the other hand, however, they had made a really creditable effort to re-establish themselves, and had displayed considerable determination in adapting themselves to civil life. There was some discussion regarding the extra allowances provided for in the Finance Act of 1920, and it was pointed cut that the allowances were, apparently, not permanent and were liable to be taken away at the board’s discretion. Last evening a most interesting lantern lecture was given in All Saints’ Schoolroom by Miss G. Webster, Dean Fitchett presiding over a large attendance. The subject of the lecture was "Scenes of European Travel.” Miss Webster graphically described her travels through Fiji, Honolulu, the United States, Canada, England, France, Switzerland, Italy, Austria, Germany, and Belgium. A collection in aid of the funds of All Saints Ladies’ Guild resulted in a substantial sum being handed to that body. In consequence of adverse comment on the action of the Auditor-General in taking proceedings against members of a town board in the Auckland district, who were fined £175 for breaches of the Contractors Act (says a Wellington Press Association message), the Attorney-General (Sir Francis Bell) has issued a statement to the effect that the board 6n more than one occasion employed one of its members to perform certain services, and vouchers made out in a fictitious name were passed for payment. The Auditor-General was bound to take action, and ho consulted the Solicitor-General, who advised that each member was liable to a penalty of £2O and costs for each offence. Each officer agreed that he would fail in his duty if no action were taken, as the offence was regarded by the Legislature as most serious. The soldiers’ memorial cenotaph at Port Chalmers, will be unveiled by Sir Thomas Mackenzie on Sunday afternoon, thus appropriately serving to commemorate Armistice Day. The Moray Place School will hold its annual concert in Burns Hall to-morrow evening. A splendid programme of vocal and instrumental items will be rendered. The School choir of 60 voices will render “Cherry Ripe” and “Birdie’s Message,” the competition numbers, with which it won the silver cup. A. E, J. Blakeley, dentist, Bunk of Aua tralaaia, corner of Bond and Rattray streets (next Telegraph Office). Telephone 1869.Advt. Diamond Engagement Rings.—Before pur chasing compare our values; large selection superior qaaiity.—Peter Dick, direct importers jewellery, watches, etc., 490 Mora" place, Dunedin.—Advt.