AN APPEAL OR A PATCH

Timaru Herald, Volume XC, Issue 13315, 18 June 1907, Page 4

AN APPEAL OR A PATCH

The interpretation of an' important action in the Arbitration Act now r.-mains in a peculiar position. The question at issu<» is thi* ability of our arbitration system, to enforce obedience to its decisions upon ■employees who carry their dissaiixfaction with an award of the Court to tha point of a. strike. It is a matter of common knowledge,- exemplified by dozens of cases for breaches of awards, that compliance with the conditions laid down by tin l Court can easily ba exacted from an employer. Clan the same compliant. l heexacted from an employee? Until yesterday the answer to that question was* in tlva affimaiivi l . - Tho legal proceedings }vhich followed upon the recent disturbances in the frozen meat industry established the fact that where there was ail award, or a. valid' industrial agvei-muMit, in existence, its infringement by the men working under it was punishable by fine, the non-payment of which was iii ,the resort a. mat.far 'of iinpris'onihent. The decision given yesterday, -however,, by Mr Justice Williams in the case' against one of the slaughtermen's assistants concerned in the Pareora strike, disarms to some extent the authorities who are charged ■with the duty of collecting the fines inflicted upon men convicted of participation in a strike. ,We say "to some extent," for on the one hand there is the 'Secisi'on of -Mr "Justice Copper in the casss heard in Christcliurch, that the nonpayment of .fines "haay be followed by imprisonment, while on the other hand there is 'the exttCl% I '(ippt>sibsi r cfecfeioit by Mr Justice at/Thuiedin yesterday, toie latter Judge explained tji.at. Tie had hail an advantage over lijs colleague in having heard the eawt't afgued ;by '.counsel for the men, but Mr Justice a considered judgment, .and, take it that lii.s decision was liis own intejipret-a-Jtidin *.dS the law, arrived', at-after considerable deliberation, though without the asVistiirice ljepeivieil ,tiy Mr Justice Williams iii' t)lie Timaru case. • Willi these two opposing judgments, 4he;jpow«t of the law must ri)hidin a iWstely' il'ntil ,it is,'i!urther tested in the Appeal Court, but Mr Justice Williams , sVems emphatic enough in his conclusion that Imprisonment cannot, follow .default in payment of ilhes inflicted by the Arbitration Court ''for such offences as it liad to d&il with-Jin the freezing industry. if his view is upheld by the- higher tribunal, the fiiairig of the .slaughtermen Will- remain the' Pjn'rhic victory which ..wo anticipated it ; would ,be when tho Arbitration (Uiurt .inflictal the penalties in Tiniaru, and the lieixfc thing, as the Judge wittily, reiiiarlced yesterday, will be for parliament. to apply a patch to the Act. .• . ; . ;. ~ ...