SUNDAY LABOUR IN MINES. AUCKLAND, April 14.

Otago Witness, Issue 2356, 20 April 1899, Page 22

SUNDAY LABOUR IN MINES. AUCKLAND, April 14.

The first action for a contravention of "The Sunday Labour in Mines Act, 1897," was brought in the Magistrate's Court, CPaeroa,- when Thomas Gilmour, manager .of the Waihi mine, was charged under subsection 5 with having employed labour in the Waihi Company's battery on the i evening of Sunday, March 26. Mr Clen- I don appeared • for plaintiff. Mr Miller, who appeared for defendant, did nob disI)ute that the battery had started work >efore midnight on the day named, but he contended that these proceedings had been taken against the wrong person. Mr '■ Clendon said the act referred to made the ' mine manager liable whether ho knew the battery was working or not. The Mining Act of 1891 gave the definition of " mine manager " as being the person having the principal control of the working of hny mine, and Mr Gilmour occupied that position in regard to the Waihi Company, and Wt,s therefore liable. Mr Miller, in repl,*. contended that the definition of " mine manager" in the act of 1891 has been altered by;the amending act of 1894, which itatea explicitly^ fhat where the cyanide process isusea the person in charge of the machinery must Hold a battery superintendents cer6ificate, rad that the battery superintendent takes tbft place of the mine manager,. let r egard 'to the battery. Mr GrilmouS'tnen gave evidence. He held an appointment «a mine manager of the'eom-

pany, but had no control whatever over the battery, neither did he give any orders in respect to it. He had never employed any labour in the battery, tlmt being the duty of tlie' battery superintendent. His Worship said he would look into the point raised by Mr Miller, &b it was a very important one, and he would give judgment later on.