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MUMÖIPAL OLMKS" WAGES'
BOARD.
THE AWARD QUASHED.
DECISION OF THE PULL COURT.
In the Full Court yesterday, before
the Chief Justice (Sir Herbert Nicholls),
Mr Justice Crisp, and Mr Justice
Ewing, reserved judgment was given in
the appeal by the Hobart City Council
against the award of the Municipal and
Manne Board Clerks' Wages Board
The Chief JuBtice said that in his
opinion all remedies existing at the
time the ayvard was made, giving rights
of relief against the award, still exist
ed, but the award, so far as it applied
to persons not employees in a factory
or factories, was, undoubtedly, bad
Personally, he could not see hoyv the
Court could hold otherwise There was
no authority for the Court making a
declaration that part of the award was
good and part bad He could not sec
hoyv such a diffeientiation could legally
be made
Mi Justice Crisp I agree, and haye
nothing to add
Mr Justice Ewing said that, m sub
stance, he also agreed with what the
Chief Justice had said But he thought I
that, in face of the award, there were
some few items in respect of yvhich the
award was good, as, for instance, cm
ployces at the Corporation's tramway
Works, yvhich, notoriously yvere facto
ries, and ho thought the Court yvas en-
titled to take notice of that Whilst he
agreed that the great mass of the award
was bad, he considered that there were
some few items in respect of which an
award could be made
The motion to quash the award was
then upheld
Mr F Lodge (instructed by Messrs
Russell Young and Butler) for the Cor
poration, applied for costs He under
stood Mr A. I Clark obtained leave to
appear for the employees' association
on his undertaking that the association
yvould be responsible for the costs if the
decision yyent against them
Mr Clark I gave that undertaking
when I was applying to be heard, as of
right but subsequently the Court
granted mc Icayc to be heard by way of
pny liege
The Chief Justice We on our oyvn
motion called on Mr Clark to be heard
I do not sec fioyv vu can award costs
The application was refused
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