1929-08-08 — Page 8

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THURSDAY, AUGUST 8, 1929.

PRESS CONTRACT DISPUTE.

(Continued from Page 1) That was a clause under which either side could give three

months' notice.

Mr. Cooper's Dismissal.' "On December 29, 1928, Mr. Bur- nett, of the respondent company, purported to dismiss Mr. Cooper by n letter of that date. That was under Clause Six of the agree ment, and Mr. Cooper's services were to terminate on March 31. One real question would be what were the appellant's rights at that date insofar as they had relation to the rights of the respondents to terminate the service relationship then existing between them.

When Mr. Comper first started to function under the contract Ex hibit "A" he was the fourth in seniority in the office. The senior was Mr. MacDonnid. sub-editor The next in seniority as Mr. Dob- ble. There was another gentleman in the editorial department and Mr. Cooper came fourth.

covenant in the contract would -operate in favour of the respon- dent although the agreement had gone,

Agreement Gone,

ARTILLERY SPORTS.

AQUATIC MEETING HELD AT V.R.C. YESTERDAY. Reverting to the arrangements

The aquatic meeting of the Royal between the parties he said the Artillery was held in the V.R.C. bath second arrangement dealt with the yesterday afternoon, a number of anme subject matter but in a difinales being among the large attend- ferent way. It was quite im ance, present to witness some keen possible that the two could be per- and interesting races,

Prior to

to asking his wife to dia. formed together. It was quite

letter tribute the prizes, at the conclusion of clear that if, after the

D.8.0. congratulated the 20th envy purporting to give Mr. Cooper the meeting, Lt. Col. W. F. Christian, three months' notice, Mr. Burnett Battery who had won the Aggregato had offered, if the agreement was Cup and who were alap the winners till in being, $350 Instead of $450, of the half mile team race. on Sunday

would have had last. Mr. Cooper clear right to action for the balance. He would be entitled if Mr. Burnett paid him $350 during those three months to sue Mr. Burnett for three times his month jy salary because he had served at that. Mr. Burnett would have no answer to that and it would be by virtue of the new agreement that Mr. Cooper would be able 1 sue. Mr. Burnett would not be able to rely on the agreement, Exhibit "A," because it had gone.

He submitted that by reason of the elevation of Mr. Cooper there!

The Rexalta.

The results were as follows: Inter-Unit Reiny. Race,-I, 20th Battery: 2, 12th Battery; '3, 31st. Bat- tery.

wand (lat. Bat.): 2, Gnr. Sinde (20th Novicen Race (60 yards).-L/Bom. Bat.): 3, Gnr. McDonaugh (31st. lint.).

H.K.S. Bde. Individual Race (100 Yards)-1, Nahara Singh; 2, Moham- ed Khan: 3, Mohamed Khan,

W. D.'s and N. C.,0. Championship 150

yonin)-1, L/Bom. Lamb 2, L/Bom. Breeds (12th);

Falk (20th.)

Championship

came in an agreement as to

his SDN

Mr. MacDonald left soon after service. It might

not have beon

the agreement, Exhibit "A", came as full in its terms as the agree into free. Mr. Dobbie then hement, Exhibit "A" but that did not On matter. The contractual punch or sub-editor.

force could not be doubted at all.

came Renior

January 28, 1928, Mr. Dobbie left and Mr. Cooper was then asked by Mr. Burnuti to take over the job of senior sub-editor.. Mr. Cooper's position as sub-editor was publish ed by the respondent in a local dirvelory. That was admitted by Mr. Burnett.

Salary Jumps.

Mr. Jenkin went on to deal with the evidence on the question of notice and submitted that it was should have been given Mix Cooper

six month

notice.

The Respondents' Case,

Purvis

- (150 Rosser (20th); 2, Oliver (12th): 3, Gnr.

Officers Race (100 Yards)-1, Licut, Musson; 2. Licul, Dangerfield; 3, Lieut. Wolfe Barry.

Individunt Race (Open to remainder of the Garrison)-1, L/C. Finlayson (K.06.R.); Pt. Faulkner (K.Q.S.B.);

Wilson (1.0.8.B.). All Ranks Race (50 Yards).---Gur. Resser (20th,); 2, Gur, Lewis (12th.); (20th.1

3..

- ፫te

Girls' Ince (25 Yards), M. Jor dan; 2, 2. Haslam; 3, P. Jordan; 4, Evelyn Haalam.

Hays Race (50 Yards).~), C, Has am: 2, B. Ribbanda; 1, G. Riksbands;

Turner.

Sub-Section Relay Race.1; 12th. Battery, 20th. Battery; 3, 31st. Battery.

II.

In his address" for the respon was quite clear, continued dents, Mr. Alabaster said at the ent of the judgment, the trial counsel, that in the journalistic judge, sitting as a jury, found as

distincl profession there was a

a fact that three months' notice

K. B. Battery Relay Race.-1, and well known difference between was a reasonable notice to ter- a sub-editor and a sub-editorminate a contract of general hiring 4th. Hattery: 2 Centre Section on reporter. Mr. Burnett made that of a sub-editor or sub-editor-mounted Battery; 3, fith. Heavy Bat- quite clear. It was also made reporter on a local editorial staff, Yards Three Style Race.1, quite clear by other circumstances provided that he had been recruit-

150

L/Bom. Lamb (31st.); 2, Gnr. Clark (2011.); 3, L/Bom, Mallas (20th.).

Diving Competition.-1, Bom. Stid- well (20th); 2, Trumpeter Oliver (12th); 3. Gur. Pollard (12th).

26 Yurda Dash-1, /Bout. Lamb (31st.); 2, Gar. Lewis (19th.); 3, Gnr. Rosner (20th.).

Half Mile Tent Race,-1, 20th But

tergregato Cap-3, 20th. Battery.

Mr. Burnett admitted with re-ed loently.

If that had been the verdict of: gard to the agreement that the Salary settled beween the parties a jury, Mr. Alabaster said, he for payment to Mr. Cooper as sub-would submit that under no cir- editor-reporter was based on the cumstances would'the Court set basis of the position assigned to aside the Anding, because it was him. The rate of salary appeared not an absolute rule in law that a to ніх in Clause Three, and counsel said sub-editor was entitled he desired to draw attention to months notice, although in the One radles change which took majority of cases that had been place in the salary paid to Mr. found to be reasonable, but in Camper. For the first year he was other cases, it had been painted to receive $350, the second $400, out to the judge in the Court be-

The in Mr.

oggregate numbers of points the third $425 and in the fourth low, and

follows: 20th Battery (39 pointa); year $450.. Under that agreement Arcoll's argument, three months scared by the three Batteries were as he had to do three full years as was held as sufficient.

12th Battery (21 points), and 31 Battery (18 points). sub-editor-reporter before he got full salary.

referred to

Mr. Alabaster referred to the evidence as to notice and said that prima facie a locally-engaged man was entitled only to be dis

Mr. Cooper, charged locally. however, had a special contract which entitled him to a passage to England when he had completed

Under the new arrangement he was in receipt. of $450 on April, 1928, after only eight months service. In that time he jumped from No. 4 to senior sub-editor, and in eight months jumped from the lowest salary under the agree-four years' service and also made ment to the highest salary,

Only Explanation.

arrangements for three months' notice to determine the contract If that period was not finished:

Royal Artillery Water Polo Cup.-- 1, 20th. Battery.

Junior N, C. 0. Shield.-1, 12th Battery.

CANTON BILLIARDS.

CHANGED PLANS FOR THE CHAMPIONSHIP FINAL,

Canton, Aug. 7. Contrary to yesterdays an- nouncement, the arrangements for the finals of the Canton Amateur Billiards Championship for the Findlater Challenge Cup have been altered.

Like Kipling's Marine. The only explanation for that

Mr. Alabaster submitted that the very remarkable change in salary that he (Mr. Jenkin) youhi see, appellant, in the latter position he

in ac held, was not doing anything)

The semi-finals will, as already other than that it was cordance with a change in the which went to the root of

announced, be played off this even- grade of the appellant's service, agreement, as his duties were

ing, and to-morrow evening. This suggested by Mr. Hame, but he was given more

evening Maggs plays Osmund. that Burnett, that it was a "eumshaw" because of the greater responsibi-To-morrow, (Thursday) evening,

lity he haul. In other words, he Stormes plays Rend. on his part.

was still like "Kipling's marine,"

Was

a soldier and sailor too.

Counsel made two

that being first Mr. the

Cooper, although his increased,

Mr. Cooper was given a salary of $450 in April in order to make it clear that he was the senior sub-editor and senior to Donaldson who joined the staff at that time at a salary of $425.

It was quite clear, contended counsel, that some

new arrange

there

pay

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Owing to the fact that His Ex- cellency General Chan Ming-shu is points, unable to be present after 10 p.m: 6 Mr. Saturday, it has been decide to was play the final off in two sessions sub too paints each, the first session editor-reporter and consequently on Friday afternoon at 5.30 p.m. was no variation in his and the second on Saturday after-- ment was come to between the duties, Secondly, that if the agrees noon at 6 pm. His Excellency parties after the agreement had ment was rescinded, then they had General Chung Ming-shu will to find the terms of the new verbal arrive about 7 pm. and at the been in force for some six months

because Mr. agreement which must include the conclusion of the match he will That was obvious

passage and restrictive clauses. present the eup and the replica to, radically Cooper's duties were

Mr. Alabaster said it could not the winner.

The matches are being played off changes and he jumped to the top possibly have been in Mr. Burnett's of the tree, so to speak, in the mind to abrogate the written agree in the Canton Club Theatre, where

his

restrictive special arrangements have been editorial department and salary went up to the maximum. clause would then have no effect, made to seat a large number of The question was what, implicu-and Mr. Cooper could he engaged spectators for the four evenings, tion was to be drawn from this by rival concerns after leaving the new arrangement. It could only operate in one of two ways. Either it was a variation of the agreement or a recission of the agreement.

Cases Quoted.

ment,

becruise

the

Newspaper Enterprise.

Our Chen Correspundent,

WATER POLO LEAGUE.

V.R.C. "F" LOSE TO THE CHINESE "A".

There was only one game in tho Water Polo League at the V.I.C. yesterday evening, the Club's "g latter won by two goals to ene, scor- team meeting the Chinese "A" The ing both their points from penalties.

A.P.8.6.

Gentleman's Agreement.” The highest Mr. Cooper could put his case was that it was a gentleman's agreement, as nothing was put down in writing, no men- . Mr. Jenkin quoted the judg-tion was made of the restrictive ment of Lord. Dunedin in Morris covenant or a passage Home. Also v. Baron (1918 Appeal Cases) and he was never definitely appointed said the case was one in which two senior sub-uditor, but was merely merciants came to an arrangement requested to do the work.

Replying, Mr. Jenkin dealt with to settle a debt of £900. The ar

if the terms of the written agree- rangement was not carried out and the restrictive clause, saying that the question was whether it was a new agreement or a variation of ment were to be incorporated in a verbal agreement, then that would the old. It was held that the new amount to a variation, which was arrangement come to, tended to not permitted,

After counsels arguments had out of the bath for fouling in the four PRINTING PRESS rescind the old agreement,

Counsel submitted that in the concluded, the Chief Justice drew yard limit and allowed the Chinese to present ease the new arrangement Mr. Jenkin's attention to the word score from the penalty. The sides

The game was very scrappy, and during the course of the match four limit: scoring for Lawrence opened the players were ordered out of the bath for fouling within the four yard the V.R.C, early in the game from an easy pass, Later Romedios was Rent

was one which could be enforced"unreasonable" in notice of motion. changed over one

by the appellant. against the re- spondent by virtue of its existence, without reference at all to the old contract. He had been offered a higher salary, had accepted and had been paid it. The appoint ment offered to him was limited by any period of time and he submitted that, in law, Mr. Cooper could have sued Mr. Burnelt.

not

Mr. Jenkin referred to the paint he raised in the application for an appeal to be granted and said he would argue that the restrictive

goal each. On

resuming two Chinese players For using thut word when at the

were ordered out in quick succession bar, sald Sir Henry, he was severe-

Tho V.IL.C taken to tasks, and he thought it but notwithstanding their disadvant team lacked force and direction in much better that the word should age they hold their own.

a judge's their passes and were too slow with not be used against

Lion within decision. He thought it was an un- their shooting. The Chinese broke

scoring away, and fortunute word, and it would be

when tance Lawrence fouled a player and better left out.

Mr. Jenkin and he was sorry was ordered to leave the bath. The and admitted responsibility for the Chinese took the lead from the trial penalty. On the two occasions that word, He added that the

the V.R.C. players were awarded a judge had sat as a jury, and a jury's decision could be described penalty they failed to convert.

as such.

Judgment was reserved.

die

The final whistle went with the .Chinese winners by the odd goal in three..

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