SITTING AT OREPUKI. OREPUKI, September 9.

Otago Witness, Issue 2690, 4 October 1905, Page 32

SITTING AT OREPUKI. OREPUKI, September 9.

The Arbitration Court met oL Orepuki this morning. In re tlxe compensation claim ci J. Ji. Broomhall v. tha Southland Sawniilling Company, Mr W. S. Hunter appeared for the claimant, and Mr William Maoalister for respondents. Mr Maoalistei? said that the claim was for JMOO, but a settlement had been arrived at, respondents paying £250 in full settlement of tho claim. „ Mr Hunter said the widow was quite destitute and had two young dularen. His Honor said the defendants were ontitled to an adjudication as between themselves as to the distributions of the amount. The court ought to have some jrectirity and a-ssui-ance as to that. It might be as well to 'appoint, a. solicitor to represent tho infants. Mr Macalister might represent the infants, inquire into the circumstances of the family, ana report to the court at Invercargill on Wednesday. Tho oppointinent was made accordingly. THE SAWMIL.EES' DISPUTE.

The taking of evidence in tho sawmillers' dispute was continued, Mr Paape calling wit-i-esses from the hill mills.

Charles Turner, buahman, employed at M'lntyie's mill at Orepuki, had had previous experience at + he - West Coast and North Island mills. He got 10s a da}', and the two other bushnien 9s eacL. They averaged 22 days a month. They worked longer hours in tho bush than at the mil's. Tramway men wei'o paid 6d a clay above the award rate. A large number of first-class men had left Oreimki district for the West Coast. They objected to the system of contracts, because men employed by contractors often did not get paid. He always worked his full eight hours on the average. He thought the union demand was fair all round, although he did not agiee with all of it. Tho Umber was generally superior at Longwood to that at Seawnid Bush. The output of first-clasn timber at M'lntyre's mill was abcrat 5000 ft ft day. To Mr Scott: He preferred Southland to other districts. In Auckland the men were paid for broken time. The weather was good there.

Mr Paape said he found that thero wears five- mills less on the flat than at the time of the award, and only two more on the hills?.

Mr Scott said he had a telegram from Mr Masscy, stating thab thero were now eight mills on the flat (sis in old workings) and 42 on the hills.

W. Melvin, engine-driv-->r, at Colac Bay, thought Iho men in the biisli worked harder than they did five years ago

Further evidence of the same geueial tendency in support of the workers' case was given by Francis John Stinipson (tramway layer at Waiine?anea), Charles Lainchbury (tailer-out at M'lntjre'a milty, Andrew M. Aitkeu (haul-

ing engine-driver at M'lntyre's). William Nicholson (mill engine-driver 'at M'lntyre's), Charles Cook (sawyer, Petumutu, BroacT, Small, and Co.'s mill, who is receiving 12s 6ci full time, house iiee, and not keeping hig own saw). At this stage Mr Brown deprecated the unnecessary reiteration of evidence regarding working conditions by succeeding witnesses. Mr Paape: The conditions are not the same in different mills. Mr Brown: Thei duties of a tailer-out rra practically the sains everywhere. Mr Paupe (tartly): Of course if the courfe does not want to hear the evidence it is no good calling it. . His Honor: Go on with your examination, Mr Paape. „ , The couit adjourned till 10.30 on Monday. OREPUKI, September 11.

The members cf the Aibiferation Court yesterday visited the \\ r 3iau River, and inspsctc-d tho unwcoloited maiden bush on that side.

The hearing of the sawmiilers' dispute waa continued thk morning, Mr Scott appearing lor tho employeis, ar.d Mr Paapo for the workers.

Mr Paape called Alfi-ed Clode, mill enginedriver at M'Calium's mill, Colac Bay. He had worked for 20 years in the Longwood, but ihis year had hr.d experience at Knight's iotara mill at Hawke'3 Bay. At x>i'csent h© worked! 57 hours a iv-aek, and occasionally worked on. Sundays cleaning boilers — generally for twa hours on alternate Sundays. He was not paid! for such Sunday work, and thought he should bs paid. It wa-s the custom for drivers to get their own firewocxt, and at some mills to cut* it. An tngine-driver was also expected to da planing and other work. That was a sweating sysienr, and it was not safe when a driver died &uch v»ork. He had no protection for his cert;Jicate. .(Ie wrote complaining to the chi-of inspector of machinery, and the inspector replied from Wellington that every driver of an engine must hold a certificate, and the driver musH rot do anything to interfere with the cc-rnpleic and effective chsrge of his engine. When wilntiE«s was working a planing machine ha piactieiiiy had no charge whatever of his engine. Lv. the Noitli Island he was offered iOs (kl a day tc ic.ke charge of a fcccond-class tngnw}. The general rate there was considerably over the minimum. His present wage was '.is a day At Hawke's Bay he did nothing bub look after his engine- In that district a driver never left his engine. When he worked extra up there he was paid overtime at ordinary rates. Thero was no fc'ivnday work. The union demand for Southland as to drivers was reasonable.—To Mv Soott: He had never been paid for cleaning boilers That had always been, part of his job. He was a. married man, but family reasons prevented his returning to Hawke's Bay. Michael Dowling, tally man in charge of the Southland Sawmiiling Company's No. 3 mill at Oreipuki, h:ia been employed about nine years in Southland — at Tisbury, Kapuka, Ken-r-ington, Wright's Bush' Waimatu and Orepuki. He haJ. worked most on fiat country. In his opinion the precentage of mills on the hills w&* not now so high as had been stated. The timber at Orepuki was heartwood and' was superior to that atr Seaward Bush. The timber at Seaward Bush was more sappy. •When heartwood was ordered -■ it .jvas inoie valuable. There was a fair demand for that timber. Ho had seen no difference m tho classification of timber during the last seven years. At 'the Orepuki mill the output of white pine was next to> nothing, not more than 4000 ft in two years. There was practically none last month. There might' be 2000 ft in the mill altogether now. The freight from Orepuki was Ss on red pine, but thnt on white pine waa lees. Fioni Oropuki to Invercargiil it was 2s, but most of the timber went to Dunedin. From Invercargill to Dunedin the freight was^ ho thought, 2s 7d. He could not say what tho freight was from Seaward Bush to Dunedin, but he did not think it was 3s 7d. Between. Orepuki and Seaward Bush the railage was to Dunedin only about 2d different. Taking the whole output c-f the mill he should say that rough timber would be 8s 6d. Mr Brown: Has he sufficient access to the books to know the price. Does he know the allowances made?

Mi Scott: No, he knows nothing at all about it. • , Witness spiel that dressed timber, excluding mouldings and small items, would be abotrs 12s. Prices were liable lo a reduction of percentage, but the actual price received all round would be about 9s The percentage of firstclass timber would be about CO dressed. Ho should say the Oregon imported was junk timber.

Mr Brown : Have you any actual knowledge ? I think you can get that timber any size yots like, ai;d get it sawn anyhow you choose. I know that as a fact.

Witness said that he paid the men monthly on the 7th. He had only worked at one mill where payment was by cheque, and sometime* difficulty arose m changing the cheques. Ha would sooner be paid cash. There were next to no local sales. — To Mr Scott: He had a fair knowledge .of 'the price of timber. Eed pin* was sold to the Dunedin merchant at 22J per cent, off 8s 6d, plus railage. He did not know the chaTged-up prioas now, but at cne mill he had to do so. The prices might be cut in Dunedin. He knew the ruling prices, but he could not swear that the discount was 22£ per cent. There was not the least difference in classification. He had had no complaints about his classification. If he had classed his timber wrongly he should liana: about it.

Edward Meagc-r, slabnian at Wilson Bros.' mill at Pallia, said he only worked eight hour 3 a day, and cleaned up during working hours. He had never been called on to do any work outside his 4S hours. He was paid 8s a day, and ho did not think 7s 6d would be a fair 1 wage. The. work was very heavy. — To Mr Scott- lie was formerly felling on his own, account.

William Eobay said he Lad .been trollyman at tlia Southland. Sawmilliiig Co'npaiiy's niilf at Orepuki for" about four years. He once worked at Waipori Falls, and got his money there. At present he got up at 5.30 and fed! and cleaned his horses. He had seven horses, and he generally spent about five minutes on each hoise — sometimes more. After attending his horses he had his breakfast and filled up his trucks with wood. He generally finished at 1 5 or 5.30 p.m. He got nothing extra for looking after his horses. He got 10s a day, full time. Trollymcn should be full time men. When the mill was full-handed they had two trollymen, and decays weie caused, whicb wprei very inconvenient. The union demand waa leasonable.

This closed the evidence for the workers,

Mr Scott called Thomas Edinond Traill, millowner, Eiverton, who is owner of mills eight miles up the Pourapourakino. Witness's mills had bean going six years. He was previously working as a sawmill hand. He hac? worked right through previous to starting his own business. At the start they worked o*t the flat. The wages sheet on the flat was from. £130 to £140, and at present on the hills it was from £200 to £210 for the same timber. Insurance rates had gone up. Six years ago the rate was 12s per £100. The cost of production also increased all along as they went back. He and his brothers worked with the mea,

«nd if they did not do so they could not carry on. Fire risks were now £7 per JEIOO. Selling iprices were not rising. They sold first-class timber on the trucks at Riverton at 5s 6d, less 2i per cent. They sold right out to a middleman in Dunedin, but if the demand fell witness had to put up with it. He was much worse off tha.n in 1902, and had he known that the conditions were going to change aa tihey had done he would not have agreed to the minimum in 1902. The general •wage when ho started six years ago was 7s a day. The men were certainly not working as •well -to-day as they did previously under the lower wage. He had much trouble with men, and previously had very little. It was harder to work with bullocks than with the hauling engine. Bushmen had to make better tracks ■with the bullocks. In Southland men had always beeSi changing about. Most of the anills were* aiow working single-handed, and men had to go elsewhere. The men in SouthHand had better^ accommodation now than they ever hadVpreviously. Witness found that marlied men would stop in the bush huts projvided for weeks, 'but the single men would not etop a night. Working men's house rents had increased a shilling a week in "Eiverton since the award. Men were " tuckered" for 13s 6d a week. That was ■the highest price ever charged, and the cost 'of living to the men tad not increased in six yearn Witness had never had a very serious accident. With one exception, the work was not' as wearing as mining. He towed his timber to Eiverton on a punt.- Sometimes punts broke away in a five-knot current, and a load would be lost, which would mean a serious loss in other ways owing to the' delay in filling orders. His men ■went every Saturday at 2.30. This year, with the exception- of Easter, when the men went away, the 'average working days in his mill were 24 a month. Four of his men were originally sailors, and one was a printer. Men " soon got into the>work. Men had to be paid the award wages straight away, and that was a great- loss,- 'to the employerr -A good man could always command- good wages. . The rates the union asked for boys was ridiculous. Boys , at the mills were already getting more than., "boys employed at other trades in otlier districts.- 1 — To Mr Paape : -He gave his ~"bushmen 9s a -day before this agreement, because they. said .that was paid in other mills. He paid what men were worth. Men to he " first gave 9s were dismissed because they were Slot TTOitih it. He had complained about men not .doing "proper work. The men' had to do no harder work now than they did on the flat. " Thomas Moore, of Moore and Sons, Eiverton, said that his mill was at the head of the Pourapourakino, employing 40 to 45 hands. ' The difficulties of handling were v great. They "brought the timber, eight miles by locomotive, and then into TJiverton by boat. The railway cost them £6000 or £7000. Timber was handled cix times before it was trucked. They sold to a merchant at ss-6d,s -6d, less 2| per cent. They could stand *no further increase in wages. They -would never \have * started the business had they foreseen the existing award. He was -in general agreement with tfie .evidence of Mr Traill."' "Men worked' better before the award. He worked amongst them, and he knew -his* firm 'boarded'-* and "-tuckered" the men and put up huts for them. He-Tsept-acook, and charged- the men -14s a 1 week accommodation free. =--Sonietimes men complained that they could.- "-tucker" -themselves for Bs. He-got 4s 6d » week for -a. five-ioomed house in Eiverton. %.Men who went from Southland to thenorthTwere glad, to come back. He had applications .from four men anxious to come to Southland, from Shannon now. The reduction j >cf the minimum wage would not interfere witii good' men., The industry' had. more than it could ;cairy. If the - association shut up the ' ematt jnillers-woulcLhave to shutdown. — To Mr Paape : "Witness knew of , no other mills in Southland where " timber had so many handlings. He -believed that men could, board themselves on 8s .a week if they chose.:— To Mr Scott-/ There was ; a .good deal of totaja «n bisection. Totaia was a high-priced wood, and '^ould-average -75.-6 d, -but three-fourths of. the timber was sold in the rough, and the allroun'd average would- only- be about 6s on. — To Mr Paage: The average price for rough xed pine would be about ss. He was not "bound 1 by .the association, but if the association broke. up it would result in a general cutting ° WVH. * Brent (recalled) said that 64 mills were cited in. 1902 independent of Owaka and Catlins. Mr Paape's statement of mills working on the hills to-day omitted at least 11 mills. Mr P,aape showed 14 mills working on the £ads, .but six' of tn'cm were cutting out. This completed the evidence in the case. Mr Scott said he did -not propose to deal ■with the evidence. -The agreement in 1901-2, was ihe first experience "the employers had ox the act, and they did not roalis© that they were laving -down a precedent.- Things were good, and the- worfoscs were met in a generous sprrit The employers -now realised that the minimum was too high. Men came green, from other •callings, and v>ent straight to work at from 8s to 9s a day, -and -the employers were feeling -the pinch. 'The evidence showed that~ had the .employers undeTstoocl what the income clause meant they would have foreseen its selfishness- iA. man who left had to be replaced at once, and the employers could not ihunt round. The x.ew man had to be put on ~esn& paid, the minimum wage, duffer or not. A good man always earned his wage, and would not be affected by any change in the award. In a short time the timber would all come from rough country, in tho lulls. There was already no rma-gin of profit. The evidence' of Keiderer showed that ho was working himself on th<3 flat alongside * a railway station, and ■was barely making it pay. Many of the companies in the -Longwood had to give up. One or two .of the bigger companies with bush still on the flat, and with financial and other facilities, had been able to do pretty well, but the court had to think of the many and not of ■bhe few. The general feeling of the employers ■was that as long as the industry would stand, it a good man would get his money, but the industry was in jeopardy becatuse inconnpetenii i enen got the same wage as competent men. The competent man was discouraged 1 , but the incompetent man felt specure. This sort of •thing was felt in other industries, which would I lave to be nursed rather than hampered. In Bawmilling there were serious rocks ahead. Ib •was to the interest of the men as well as the masters that the industry should not be burdened. If the court could not see its way to xectuce the minimum, one or two cases demanded consideration, particularly with regard to tailers-out, who were practically labourers, for whom 7s would be a fair wage, and so with {second engine-drivers, hauling engine-drivers, and second busbmen. These men needed no Bkill, and they should not be paid the same as the skilled men with whom they worked. The sanne applied to the two tramway layers. An assistant .should not have the same pay as the first man. As to the wages of boys, the court would see that the wages asked were far iboa high. A wage of 6s a day for a boy of 16 was a preposterous demand. As fqr the tarollytniem, some men handled two horses and some Beven, but the workers wanted to fix the minimum with regard to the men working seven. The employers could not pay tho bushin-eu bo well as they would like -simply because the zninimxun for indifferent workers was too high. The case affected a great industry, which in Southland was of the first importanceii

Mr Paape said thai it was his duty to remind tho court that he had not had the experience that the representatives of the workers in otliCT parts of the colony hacl had. He thanked the court for its courtesy and patience. It was to bp regretted that the employees said that the men wrre not working as well as they used to The men worked Very hard, and the stigmat cast on them was regrettable. No employer had complained of that to the union, though in isolated oases men had been dismissed. As to tha position of the industry, the workers admitted that there was not the same output, but the number of men employed in the timbet' industry had gone up. Laigo numbers of mills had ba&n put up, and the industry was more widely distributed. The men said tho average working time was 22 to 23 days a month. Mr Timpany said the actual time lost was only eight days through bad weather and other causes, Lut that there were still only 2?" days per year worked. He (Mr Paape) oculd not understand the statement tha-t if that mill had worked 277 days in the year it did not apply to the other mills, althovigh 277 days was practically in harmony with the statement made by the man. Mr M'lntyro was paying nearly all his men. more than the award, and Messrs Broad, Small, and Co.'s mill, the roughest in the district, was paying still higher wages. Mr" Scott: The mill never paid.

Mr Paape said that nothing of the siort had been said to the man in charge. In regard to the incompetency clause, they found that the employers had never complained to the uniran, though in two cases of incompetence the union had permitted and condoned what was practically a breath of the award. The employers had "never really giv-ea the clause a trial, and the clause should -be retained. A great deal had been said about the prices. The employers gave the prices of the various timbers,, and then, said that those prices were Bob obtained, at all. It was said that the price ■was-iSs'-Sd; and -feit if the association split up the state of the indiustry would be chaos ; btit Mr Mc<xre, one of the small millers who was ■ supposed to be underselling the association, was getting 6s 9d. No books had been produced in proof of the employers' statements, and tiie principal sawmillers had not been brought before the court. It was impossible to get good men to go to some of the mills at all. The railage was not, charged from Orepuki and Gorge road to Invercargiil and thence to Dunedin but direct from Orepuki and Gorge road to Dunedin at a reduced rate. The employers' objection to the miuiTmim wage was not reasonable, in view of the time lost and the fact thait many men were getting much more than the award rates. Fully 4.0 or 50 per cent, of the men were receiving pay in excess of the minimum. As to the tramways, the assistant had to be as skilful or morj skilful than the first tramway man, being mostly employed on repairs. A farm labourer getting 25s a, week with board and washing- and the comforts of a home was better off than the sawmillers working broken time. Everything that interrupted mill -work told against the pay" of the men.

His Honor said: We will give our award at as early a date as' possible,-- consistently with the fact "that there 1 is a good -deal of work waiting over at Dunedin. As to the' manner in. ■which the cases have been conducted, it is sufficient for mo to say that we are satisfied that we iave the matter fully before us on both sic>es.

The court left for Riverton by road at 4 p.m., and 'to-morrow will rifcpect the high mills on the Pourapourakino.

COMPENSATION CLAIM

The -Arbitration Court eat in Dunedin on Friday morning. The- court wae composed of Ms lSfinc<r JMs Justice Chapman (president), and Messrs S. Brcwn and R. Slater.

PUBLIC TRUSTEE v. BEGG BROS".

' Public Trustee, as legal representative of David M'Neill (deceased), v. Begg Bros, claim for compensatic n. — Mr- G. Thomson for tJio G-laiinanit, Mr Sim for the respondents. Mr 'Thomson said that on the 12th Apul deceased was in the employ of respondents, and while carrying oats down Blackburn Hill, Hillond, was striving to keep the middle of the road when he fell. The wheel passed over his right foot and over his thigh. Two days later he died, and the medical certificate stated that death resulted froni shock, duo to the effect of the accident. Deceased had no relatives in the colony as far as the Public Trustee oould ascertain at the time. Later he fournd out that deceased had a half-si&ter resident in Melbourne.

His Honor: D-ependont? Mr Thomson said she was not claiming as a dependent. She wrete stating that both deceased and herself were illegitimate, and that meithior liar mother nor" herself could therefore have any claim on has estate. His Honor: The fact of illegitimacy would not make any difference. Mr Thomson: No, not since the 190 a act. But she expressed a desire to make the proper application, not on her own account, but on account of her mother. The mother .was over GO and crippled -with rkeuinatisni, a, native of tho Orkneys, aud at present, residing in Scotland. The half-sister -wrote thai the mother was entirely depending on her and. Her deceased brother for support. "Mr Sim: Of course I object to that lettex being tendered as evidence. The statements made must be proved by proper evidence. His Honor : Dependence is the whole point. Have you evidence- of dependence, Mr Thomson ?— evidence that ho sent money, to his mother? ' . Mr Thomson said there" was' no direct evidence, apart from the letter from the halfsister in Melbourne. Unfortunately she did not keep loiters from her mother, and the same state of affairs obtained at the otfier end. All the letters had been burnt. The one witness to be called would testify to a conversation he had with deceased in connection with a matter of a life insurance policy deceased was then taking out, to be payable in a very short jjeriod at a very high premium. That was the only real evidence as to dependence. Deceased ■was extremely reticent as to his affairs, and no data was obtainable as to the dates on which money was actually sent. Money could nol/ bo traced through the Postal Order Department or the banks. The Public Trustee could just pint the letters in for what they were -worth. His Honor : These letters cannot be evidence. They arc documents that might have been sent hero for the purpose of aiding thi.s c'.aam, for all we know. There is no opportunity of examining the writer. That 19 the sort of evidence that might conceivably be made for the occasion. The other evidence may have &om!etJiing in it; we can go very far in admitting conversation that could not have had any reference to the claim. It is possible that there might, be something in such statements niad'e by the deceased ; but these letters cannot "be admitted.

Mr Thomson said the statements made by the deceased practically amounted to a declaration made m the course of business.

His Honor: A declaration made in tho course of business has been held to lie as admissible as an entry made in the course of business. We had better hear the evidence, and see wh.it it amounts to.

John Reid, farm servant, of Clarksville, said i.c knew deceased, and worked with him three

>eais ago for from five to seven months. One daj while witness was away an insurance agent

ca.me along and got M'Neill to insure his

life. Deceased told witness about this, and said what premium he had to pay. After conversation tlisy found that the total to be paid would ccme to more than deceased could do. Deceased .said he never thought of that, and he would not hove any money to send away. Did not say where he sent money. Deceased

gob witness to go in and f.ee the insurance

agent. His Honor : Had tho insurance man net escaped from the district ? — (Laughter.) Witness : No ; but the insurance agent told him that he had already sent the money and pa.pers away to Wellington. The agent carno up the next day and altered the policy to extend over a longer period, so that the premium was made smaller. Deceased gave witness to understand that he had sent away /;19 10s on one cccasioji and £10 on aoiother. Witness understood that deceased was in the habit of sending away money, though deceased did not say 50. Deceased was very .saving and steady scinetim.es, and should have saved about a year in stsa,dy employment. He was a good worker, and could make good money, and he spcsit very little beyond what he spent for clothimr.

Mr Thomson : That is the only evidence I have Has Honor- Well, who is he? Mr Thomson said he iiad a certificate of 6cceaeed"s birtlh, accompanied by a letter from tho registrar, who know him as M'Neill. (Docuni&nt3 put in.) ' His Honor: The letter is written by an official who seem.9 to have known M'Neill, and identifies him as the son of Jane> Pearson. Mr .S-ini said it was a qupstion whether the effect of the act of 1903 was to give tho mother of an illegitimate any such claim as was here set up. Tlhe. effect of the section was to make an illegitimate sor or daughter a member of the family cf tlie parent. It did not work the other way. His Honor said that the Administration Act worked upwards, -a-ndi operated in the case of aliens to fix the status of an illegitimate's inothei. Mr Sim said the mother of an illegitimate was not his mother for the purposes of this act. She was a stranger in blood. The effect of this Administration Act was ■*(> give tho mother of an illegitimate the right to succeed to his property and that was all. His Hanoi- said that in another case like this, where the mother was domiciled with a Scotsman and had other illegitimate ohildren, the act enabled her to eliiin on tho estate

oi a deceased person in N&w Zealand,

Mr Sim : In order to meet my friend's case an addition to the schedule in the act of 1903

of the words " illegitimate mother,'" or words to that effect, would be nteded. At present an illegitimate son, under tho act of 1903, becomes part of the family, and stands on exactly the isama fooling as a legitimate son.

That is the purpose and intent of the act.

His Honr: Yes; the act gives him status. You suggest, Mr Thomson, that this applies upwards also, and includes the natural mother?

Mr Thomson : Yes. There is another matter I should mention. A .sum of about £140 was actually sent home as the proceeds of the polijgg. B&s Honor : That might raise another veiy awkward question.

The court deliberated,

His Honor said that the mother in this case was not entitled to claim under the act. Moreover, the evidence of dependence was altogether too slender. They preferred to say nothing about the other question — (as to whether

any person lesid'ing out of the coiony can

claim the benefit of the Workers' Compensation Act) — b6causs.it was understood that that was to be raised at Wellington on seme future date. The case was dismissed, with £5 5s costs and wil nesses' expenses and disbursements, to be fixed by the clerk of award's. CEOWE v. NEW ZEALAND COAL AND

Oil- COMPANY (LIMITED)

Thomas Crows v. The New Zeailand Coal and Oil ■Company (Limited). — Claim, fcr compensa-tion^j-Hr A. R. Ba/rcfay for the claimant; Mr &'im' < Tor-the respondent company. - '•Itfr. Barclay saad the claimant was a miner

at • Kaitangata. On the 22nd December last .he was employed at the mine about his ordinary work, when he was sent for by the deputy manager. Claimant (whose evidence

had. been taken on commission at Kaitangata)

said that on receipt of the message he started , up the dip to the surface. He was asked by ' a trucker going up to have a ride and declined.

He was, m fact, one of the most conscientious

men in the mine, and always s"fcrictly obeyed the rules. When he had gone on a little distance tho trucker cailled to him : " Hey ! Tom,

I have lost my light." Claimant had a light, , and the truioker begged him to go on with the

■ trucks with him, reminding him that the j deputy manager wished to sice him quickly, ' and was waiting on the top. Crowe still hesa- ' tated, but finally, after consideration of the ' circumstances, got on the trucks to go on. j Almost immediately his own light went out, ' and he was iseriously crushed against tihe roof

of the dip. Claimant said he had never ridden willingly on the trucks, and knew it was against the rules. Although forbidden, many men did ride on the trucks ; it was not an unusual praci tice. The respondents denied liability for com- | pen.sa-tion, on the giound that the injury was I attributable to the serious wilful misconduct of Crowe as Tiding on the coal boxes had been expressly forbidden by ifae respondents. His Hanoi: What facts are in dispute? Is there any evidence required? Mr Sim : I do not think there is any dispute a^ to the facts. We have not been able to get the trucker. Mr Barclay : The trucker has mysteriously disappeared, and none of us caught him. Dr James Fitzgerald, of Kaitangata, testified that claimant received serious injuries, 1 and was iicrwanently incapacitated. ! Fredcxiek Anderson, presently out of eniploy1 ment, said he was deputy at Kaitangata on I the 22nd December la.st. Had Jiad 18 years' experience in the Kaitangata mine. Witness was a.t the head o£ No. 12 dip, about 40ft from the top. Crowe was working down the> dip at No. 9 lift. Witness sent Crowe a message by Stark, the hooker-on, referred to by claimant as tihe trucker. Ciowe was an experienced t»ucker. and in oidmary circumstances was a very caicful one. Crowe- would naturally corns up the incline to tho head of the dip. At

mght there were only two parties working in the dip. and the rope would not be travelling as frequently a& in tho daytime. Witness heard the bell go, and some time later Stark the hooker-on, came crawling up the dap in the dark. Riding on the boxes was strictly forbidden, though witness knew that men did I in fact break tho uiie. Hcokers-on, engineers, and depvties were permitted to ride. Crowe was a conscientious man — the last one witness would expect to bieak a rule. Crowe's evidence was generally correct. Witness sent word to Ciowe to conio out at once; and bring a pick and shovel with him. Thomas Barclay, manager at Kaatangata, gave corroborative evidence. He had been 25 years in the mine. The officers of the mine did everything in their power to stop riding on the boxes. .Notices were put up, and men

1 found breaking the mle were punished. With both lights out, the trucker should have sent up to tibe winch for an extra light, writing a ■ message in chalk on the box, and hanging his dead lanm on the front. Crowe toid him that right it was the first time he had ever ridden on tho boxes. Ciowe was a" vary careful man. Witness did not know that there was anything to justify Crowe riding an the boxes, unless the message to come up quickly was taken as justification. The lift was not a nice placo to walk m the dark; there was an angle of aboait 1 in 2. Mr Sim said he relied -chiefly on the regulation as" to" riding on the boxes. His Hanoi: The regulation, of course is not final. Sir Sim said the misconduct was established ; by the evidence of the claimant himself. There, was nothing to show that there was anything to justify Crowe in departing from his usual and proper practice. He did not intend to <lwell at .length on the effect oi the serious and wilful misconduct in claimant's case. (Ruegg, pp. 340, 347.) If claimant's was not serious and wilful misconduct, it would be difficult to discover a case in which serious and wilful misconduct existed (John v. Albion Coal Company, 17, J.L.R., p. 27 ; Callaghan v Maxwell, cit p. 345 ; Ruegg 2 Frasor, ser. V, p. 420; Dally v. John Watson, Limited, cit. 345 Ruegg, 2 Fraser, ser. V p. 1004; United Galleries v. M'Gee, 2 Fraser, ser. V, p. 808; Condon v. Gavin, Index Vol. VI, Fraeer's Reports; Sneddon v. Glasgow Coal Company, ■ cit. N.Z. Labour Journal, April 1905; Jones 1 v. L. and S.W. Railway Company, 3 W.C.C., 46; Watson v. Butterlake Company, Limited, 8 W.C.C., 51; Biddonie, p. 253 et. seq.. ; Phinix v. Brown, 1 N.Z. D.c, p. 1.) Mjt Barclay argued that Crowe was not guilty cf mioconduct at all. The actual facts and circumstances showed that he comsem'ted under pressure to hielp a fellow workman in „ trouble, The Scotch cases appeared to go iurther than the English oases. This court, however, was absolutely unfettered, and could follow whatever rule it chose to lay down. Scotch cases almost invariably told againsc the worker. Tim circumsitances of each case must be considered. The real cause of tho j accident was Crowe's light going out. Apart ; from that there would have been no accident. There were many cases bearing an the matter. (Eumbolt v. Nunnery Colliery Company. 1 W.C.C., 28; Hymes v M'Carthy; Phinix v. Brown and Geddes, V. Gazette Rep., 17; Reeks v. Kynoch. 4 W.C.C., 14; Douglas v. United Mineral Company, 2 W.C.C., 15; Rees v. Thomas, 68 LJ.QB., 539; Jolin v. Albion j Coal Company, 4 W.C.C., 15; Rees v. Powell, Duffryn Steam Coal Company, 4 W.C.C., 17; Minton Senhcu«e, 124.) Judgment reserved. j