ARBITRATION COURT.

Wanganui Herald, Volume XXXXVI, Issue 13334, 24 March 1911, Page 8

ARBITRATION COURT.

A sittings of the Arbitration Court was held in the Courthouse this morning before Mr Justice Sim, Mr A. J. McCullough (employees’ representative), and Mr J. Scott (employers’ representative). WELLINGTON SADDLERS’ DISPUTE. Wax.ItANUI PAINTERS’ UNION v. EMPLOYERS. The workers’ representatives appeared in those cases, and stated that agreements had been arrived at. The Court said that the awards would be made in due course, WELLINGTON SHEARERS’ UNION v. EMPLOYERS. There was no appearance in this case. COMPENSATION CASE. - LAWSON v. LEVIN AND CO. This was a claim for compensation for the death of Stephen Lawson, who was engaged as second mate of the defendant company’s steamship Himitangi, made on behalf of Mrs Lawson and her three children. In opening Ids case, Mr Maokay detailed the circumstances of Lawson’s engagement and his joining'the ship at New Plymouth. He went ashore after tea, had a drink at an hotel, and left to return to the ship. He was not again seen alive, and was found in the water near the ship the next morning. The Court would be asked to draw the natural inference that while attempting to regain his ship the man had fallen overboard and been. drowned. Mr C. E. Mackay appeared for claimants and Air A. L. Herdman for*'the defendant company. Katherine Lawson, widow, AVanganui, said her husband had a mate’s certificate. He died on 9th July, 1910. He had no property, left no will, and administration had not been taken out in his estate. She had three children. They wore dependent entirely on her husband. When he left he said he was going to join the Himitaugi. at New Plymouth, as second mate. William Manley, master of the Himitangi, said his bout was lying at New Plymouth on 9th July, 1910. AVitness wired Levin and Co. to send Lawson as second mate. Lawson came on the 9th. He was to get .£l2 and found. Lawson came aboard in the afternoon, and had tea aboard. The vessel was to sail at 9 o’clock. Lawson’s wages were accruing from the morning, when he left AVanganui. He- did not sign on immediately ho went aboard. AVitness sent for him about 8 o’clock to get him to sign on, but he was missing then. Cross-examined, witness said no work was done by Lawson. Lawson did not ask leave to go on shore, and did not say where lie was going. He was not quite sober. Lawson was paid no money at all. Re-examined, witness said Lawson was quite competent to look after himself, and might have been capable of working. Louis blasters, cook on the Himitangi, said Ross, the second engineer, and witness met Lawson in the Breakwater Hotel, and the latter had a medium shandy. They parted outside the hotel. Lawson said he was going back to the ship. It was admitted that Lawson was found lying dead in the water on the morning of the 10th. This was the case for the claimants. No evidence was called for the •defence, hut in the course of a lengthy address Air Herdman submitted that the claimants had failed on the three important points, namely, to prove that Lawson was in the employ of defendants, that ho met his death bv accident, and that his death occurred in consequence of his employment and arose out of it. Air Mackay contended that the fact that Iho man had not actually signed the articles should not deprive his dependents of compensation. It was’the man’s duty to return to the boat, and in travelling along the wharf he was doing something within the ambit of his duty, sufficient for the purposes of the claim.' An accident before reaching the wharf would not entitle a claim, but on the wharf itself it was sufficient. Air Justice Sim said that the Court had very little doubt about the mattter, but as tbe case was an important one a written judgment would he necessary, and judgment would be reserved. This concluded the sittings r, v the Court, and the Court adjourned.