§ Mr. KIRKWOODasked the Postmaster-General whether an appeal was lodged by him against the decision of those who had been agreed upon to arbitrate between the National Telephone Company and the Post Office telephone service, with reference to taking over a certain portion of the plant 17 of the former company; and, if so, whether the appeal in question resulted in a reversal of the decision of the afore-mentioned arbitrators?
§ Mr. HERBERT SAMUELThe Railway and Canal Commission are now, in their capacity of arbitrators under the Telephone Purchase Agreement of 1905, considering certain objections, to purchase parts of the National Telephone Company's plant, which I made under the provisions of that agreement. Early in the proceedings two questions as to the legal construction of the purchase agreement were raised. The judgment of the Commission on these legal points was in certain respects unfavourable to the Post Office and in others unfavourable to the company, and cross appeals against this judgment were made by the two parties. The Court of Appeal gave a unanimous decision in my favour on both the legal questions before them, and the Rail-way and Canal Commission have resumed the consideration of the questions of fact involved in the objections on the basis settled by the Court of Appeal.
§ Mr. KIRKWOODDoes the right hon. Gentleman think it a good precedent that a Government Office which has agreed to accept the decision of an arbitrator should immediately appeal against it?
§ Mr. HERBERT SAMUELThe hon. Member is under a misapprehension. The action taken in court was purely on points of law; the matters referred to the unfettered discretion of the arbitrator are on points of fact.