"LEGAL TECHNICALITIES."

Timaru Herald, Volume XIIIC, Issue 14154, 14 March 1910, Page 2

"LEGAL TECHNICALITIES."

THE TBOUBLES OF AN INSPECTOR, the Magistrate's Court Dunedin oq Wednesday, proceedings for a breach of an industrial award had been taken against James Connor, manager of the Leviathan and Palace Private Hotels. Mr Hanlon, for defendant, noticed that, while the employees in respect of whom the proceedings were taken were employees of the Leviathan and Palace Hotel Companies, the name of James Connor appeared in the citations. He promptly challenged the validity of the action. The Inspector asked whom he would if not the manager. Mr Hanlon pointed out that the respective companies were parties to the award—although the name of the 1 alaco Hotel Company had been substituted for that of Mr Connor by the Arbitration Court only recentlv. Mr Connor, although the "manager" of the companies' business, could not be held responsible for the misdemeanours of the companies. The Magistrate said that as the companies were parties to the award, Mr Connor could not bo proceeded against. Mr Hanlon : Certainly. He is simply the paid servant of the company. I have therefore to apply for a. nonsuit. i This Inspector asked that the case I stand down in order that lie could ob- | tain legal advice. "I did hope that it i would be a straight-out fight," he : added. He understood that his Wor--1 ship had power to amend the informai tions, if necessary. j The Magistrate: You must not look upon this as a legal quibble, Mr Hollows. There is the act and here is the award. The question becomes: Who is the proper party to bring here ? The whole thing is very simple. Now you are practically asking me to substitute one defendant for another.

The insneetor said ho had followed tho usual nroccdme of the- Luuri oi .Arbitration, and such a point had never been raised there. Air 1m tree, in charge of the local Labour .Department, protested that his inspectors very ireepioiitly encountered, difficulties ol this kind when taking proceedings in the Ah.igistruto's Court under the industrial awards. They, were faced with far too many legal technicalities. The Magistrate: It seems to me that you don't know what you are talking about. Air Le Cron : Thank you. He proceeded to explain that he and his assistants had been unahlo to ascertain the correct procedure. For instance. tho court had just agreed to hear all the cases against .James Connor at one time; yet they had been advised that this was not possible, and, at the eu.-.t of much time and trouble, had written a. separate information in respect of each ease. He asked a riding of the court r.s' to what procedure tliey were to follow in future. The .Magistrate: The proceedings in possiblv be. Air *!.u Crcu: They might be to a lawyer. V.'e are supposed, to take these cases and not call in a lawyer. Air Hanbo: : You ought'to. ]( you The .Magistrate: This court endeavours to keen free from technicalities. If vou or Ai"r Hollows wish, vm, ea:i •ret information from the clerk. If Mr Hollows wished to take legal advice be might do so during the luncheon adjournment. On tho court resinrin-r, the Aiaeis-tra-ie asked Ihe inspector _if ho had found iii'.v authority for his mode of mvooduro. Inspector Hollows: No. your Wnrshio. we have found no ;:::' ko'-itv. There is. it seems, no oib -v eo-,:rso ,w:i but :o e-v;.f the. iuevit-ble. In tiorisuithw: idahitiil's. ih'i Ar-,";s-trafe said !ie-v had a very sem-le rr-por.'-lf-ie- : :- V--''--< f ----'-'' ' He---.-.'"'-Th.is t.-™;.--.."",,,.e; : A v..