THE BLACKBALL STRIKE

Star (Christchurch), Issue 9302, 31 July 1908, Page 4

THE BLACKBALL STRIKE

APPEAL AGAINST THE FINE,

DECISION OF THE Uvxvi 1 . li'JiK fßtss Association.] WELLINGTON, July 30. In the Blackball case, the Appeal Cou'rt dismissed the motion tor a writ of certiorari, with costs.

Sir Robert Stout, the Chief Justice, in delivering judgment in-ttie Blackball case, stated tiiat the contention had. been advanced that, once a certificate order ot the Arbitration Court under Section 101 of the Act ot 1906 had been issued, the Court could mase no fresh order, and that order could not be enforced as provided, by buu-&ections (JO and (G) of Section iOi. It was also contended that Sub-sections (i 1 ) and applied only to proceeding for eniorcing a breach of an award, and not to proceeding for enforcing a iine under Section 15 of the Amendment Act of lyOo. It was said that Sec Dion 15 uid not expresely provide .for the jurisdiction granted by (*') and (G), and did not incorporate those sub-sections. The words of Section 15 were general. A union guilty of an oifence under ~e section could be proceeded against in the same manner as if it was guilty of a breach of an award. If the Union hau been guilty of a breach of an award and was unable out of its corporate property to pay the fine, the members would be liable to proceeding to enforce payment of such fine by members, not a fin© on members. They were liable for the fine on the Union becau.se they were its members, just as shareholders in a company might in certain circumstances be liable fox payment of the

company's debts. His Honor could not understand how it could be said that the Arbitration Court had not jurisdiction to enforce payment of the nne under Section 15, just in the same manner as a fine for a breach of an award. What had been done by the Court was within the very words of Section 15, and the Arbitration Court. in making the order was within its jurisdiction. His Honor held it unnecessary to consider the effect of Section 96 of the Act of 1905, which took away the power of the Supreme Court to control the Arbitration Court, but in his Honor a opinion that section took away tne power of the Supreme Court absolutely. His Honor, therefore, was of opi»K> n that the motion for certiorari should be dismissed, and that the Blackball Miners' Industrial Union of Workers must pay the costs of the proceeding. Their Honors Justices Williams, Denniston, Cooper and Chapman, in separate judgments, concurred in the result of the judgment of the Cluef Justice. Mr Justice Edwards, in a separate judgment, dissented from the view of the majority of the Court, holding tbat the Arbitration Court had exceeded its jurisdiction, that Section 96 of the Act of 1905 did not take away the power of the Supreme Court to control the Arbitration Court if it exceeded the jurisdiction given it by the Act of lMv. The motion wa6 dismissed, with costs on the lowest scale and as from a oistance against the Blackball Miners'. Industrial Union of Workers.