EXTRA EDITION. SHOPS AND OFFICES ACT.

Evening Post, Volume LXVIII, Issue 135, 5 December 1904, Page 6

EXTRA EDITION. SHOPS AND OFFICES ACT.

DEPUTATION OF CONFECTIONERS. THE PREMIER PROMISES AN AMENDMENT. MEANWHILE, DON'T GO TOO FAR. A deputation of confectioners, introduced by Mr. Barber, M.H.R., waited upon the Premier this morning to ventilate their grievances on the subject of the Shops and Offices Act. * Mr C. H. Jones, representing the manufacturing interests, pointed out that hitherto confectioners had been exempt from frhe operation of the Shops Act, and lie had never heard of a case in which they had abused that exemption. Confectionery, he went on to say, was a luxury, pure and simple, and they felt confident that if the Act was put into operation a great limitation of trade would take place. The trade was mostly done in the evening, and the few shillings taken in the day time were of very little moment. Further, if it was necessary to close at 6 p.m., less assistants would be required, and many of those at present engaged would lose their employment. They had no difficulty in gettmg assistants at present. Under the award they could employ their assisiauU 52 hours a week; he only worked them 44 or 45 hours a week. Mr. Rigg, on behalf of the wholesale confectioners, said that to close the shops at 6 p.m. would mean ruination to a great number— especially the smaller shopkeepers. Many, in fact, would have to close, and fewer assistants would be required. From one-half to two-thirds of the confectionery trade was done after 6 p.m., and lire revenue of the colony would suffer by reducing the amount of confectionery and sugar imported. Mr. J. Godber, representing both the manufacturer and retailer, said he underetood that refreshim;nt-roomkeepers were exempt from the operation of the Act, but some of the members of the trade were in doubt on the point, and would like a definite pronouncement from the Premier as to whether the shop tiade couW be carried on as well its the refresh-ment-room trade. He did not sue how their could dissociate one branch of the business from the other. Mr. F. H. Alison, on behalf of the j small retailers, said most of the lefreshment rooms sold confectionery, and it would be very uniair for the small confectioner to have to close his shop v.hen people could go across the road> and procure confectionery from the refresh-ment-room He had kept care- i ful account since the 11th of last mouth, and found that 75 per cent, of his takI ings were taken' after 6 p.m., and he reckoned that would be a fair average throughout the year. Miss Horn, who is employed in a confectioner's shop in Cuba-stree.t, said that she and all the other assistants sho knew were qnite satisfied with the hours they worked before the Act was passed, and did not, desire any change. Not one of them wanted tho shops to close at 6 o'clock. In reply to the Premiei, Mr. Jones said ho thought confectioners' shops should De allowed to keep open till the people left the Opera House. The Premier said he did not think Parliament would consider that a reasonable proposal. Replying to the deputation, | he said it was his duty to administer the I law as it exists. The section which was [ being objected to was initiated in the I Legislative Council, but if the Bill had bpen passed in the form in which it was sent from the House, to the Council ho I did not think it would have caused any turmoil. As to interference with the liberty of the subject, however, that was always being done by the law in some form or other. This Act, did not come as a surprise to the people. It was before Parliament in 1903, and according to tho Hon. J. Rigg and the Hon. J. E. j Jenkinson, there was a similar pioposal made in the Legislative Council two or t three years ago to that now embodied in section 3of the present Act. He should have thought that if any trade considered it would be detrimentally affected by such a proposal it would have made representations on the subject to Parliament or to the Government. To wait until it was passed and then howl and "kick up a row was, ho thought, not fair. Members of the Legislature had no desire to pass any law 1 which would injure a large section ' of the community. ,Un the other hand, it was shown that a large number of shop assistants were being worked very long hours to their physical detriment, and consistent with its policy for many years, Parliament decided to step in and fix the hours which such people should work. He would like to know from the confectioners why they did not take action when the principle of section 3 was first foreshadowed by the Legislative Council. It was rather late to come to him now. Mr. Jones : We considered we were exempt, as previously. The Premier : In respect to legislation, it is never advistable to take things for granted. He pointed out, how-ever, that eve-n in the Bill as he brought it down, the confectioners came under its provisions with regard to the hours of shop assistants, and yet nothing was said about I it during all the months that it was before Parliament. His own opinion was that there would have beer some exemption made in favour of confectioners if representations had been made at the proper time to Parliament, and he believed that when Parliament got the opportunity those exemptions would be given. lie had been making enquiries on the subject from the four centres, with a view to /submitting amendments which wduld make the Act perfect and workable. He understood that confectioners would be willing to close at 9 o'clock on four nights a week, and 10 o'clock on Saturday. As to the interpretation of the Act asked for by Mr. Godber, he said the duty of interpretation belonged to the Court*, and not to the Government. If he gave an interpretation in a gives direction it might be the cause of the shopkeeper getting into trouble, and it -was not for him to take upon himself that responsibility. His expen- j ence was that a very good law, if drastically administered, would be a cause of j evil and trouble, but he /had known cases j of indifferent laws, the defects in which had been remedied by intelligent administration. As far as the working of this Act was concerned, unlil Parliament got the opportunity to review, it he should use simply common-sense, and, consistent with what the Legislature had doae, he should not apply it in any Draconian manner. He did not think it was intended to be administered that way. As to the man and wife, if the wife simply went into the shop while the husband was away on business, "his own opinion was that that would not constitute her an assistant, and no Magistrate in the country would convict a shopkeeper under those circuinatances. If, however, she was constantly in the shop and acting as an aesistanfc, his opinion was that the Magistrate would convict. They must, he remarked in conclusion, take the earliest opportunity to have the Act amended, but as to a special session of Parliament being called for that purpose, the general public were, absolutely indifferent as to the hours ot closing. M,r. Jones : Every customer who comes into tho shop condemns the Act. The Premier said no representations

whatever had been made by the consumers. Mr. Jones : They haven't felt it yet. The Premier : The consumers will assimilate themselves to the altered conditions in regard to necessaries, and with regard to luxuries' they will go without. That fact would probably induce Parliament to make some concessions in regard to confectioners. Whatever the law was it would be his duty to administer it, but he should administer it with tact and j judgment. The Government hac' said I that pending the decision of the Courts ! in the test case they would refrain from taking action. But he wished it to be distinctly understood that the people must be reasonable. Some, he understood, proposed to go to extremes and keep open all hours as if no law had been passed at all. If they did that they would fiut themselves in a position that they would prqbably regret, because if they went to extremes it would be his duty to in- | struct the Inspectors to take them before I the Court. It would be improper, wrong, j and unconstitutional for any Minister to alter or suspend the law, and he should be the last man to think of doing it. Mr. Jones : There are several shopkeepers ' whose object is to bring the Act into disrepute" The Premier : It shows how some people will injure their fellows. Let ua go along as smoothly as we can, and when Parliament is called together make it one of the first measures to be dealt with.