AUCTION OF RADIO SET.

Auckland Star, Volume LIX, Issue 76, 30 March 1928, Page 9

AUCTION OF RADIO SET.

WAS A LICENSE NEEDED? "A RIDICULOUS POSITION." MAGISTRATE'S COMMENT.

Can a licensed auctioneer sell radio goods without a radio dealer's license?

This question was asked at the Police Court this morning during the hearing of a case of great importance and interest to auctioneers, when the Post and Telegraph Department prosecuted John Heard Ansell, auctioneer, on a charge of selling radio sets without a radio dealer's license.

Mr. V. N. Hubble was present to say that defendant could not do so; Mr. G. P. Finlay, who appeared for Ansell, held that he could, while the magistrate was inclined to agree with Mr. Finlay.

Formal evidence was given that defendant had sold sets which had been placed in hi,s auction mart by an assignee on behalf of a radio dealer who had assigned his estate.

Mr. Hubble said that an auctioneer could not sell even one radio set if it was in the way of his business, unless he held a radio dealer's license. If an auctioneer trespassed upon the preserves of a radio dealer, who paid for his license, then he must be prepared to pay for one also.

Ninety per cent of the radio dealer's license fee, which was £10 per annum, went to the Radio Broadcasting Company of New Zealand, said Mr. Hubble.

"It is a great surprise to me to learn that," said the magistrate.

"It will not be long before there is a revelation so far as this Broadcasting Company is concerned," said Mr. Finlay.

Mr. Finlay submitted that the sale of radio sets by defendant was an isolated case, and could not in any sense be construed as in his way of business.

Mr. Hu'bble: The radio dealer had no license, the assignee had none and neither did Ansell.

, "That does not matter," replied Mr. Finlay. "The sale was merely an accidental result of a dealer handing over his estate to an auctioneer. A mau could his set to another man Avithout restriction. The real test of the sale was whether it was "in the way of business," as defined by the P. and T. Regulations, under which the present charge was made. was not so in this case.

Mr. Hubble then pointed out that an auctioneer could not sell poison unless he had a license to do so. In much the same way an auctioneer could not sell radio sets without a radio dealer's license..

"That leads to a ridiculous position," said Mr. Kean. "Suppose I want an auctioneer to sell my houxeho'd furniture. I cannot give him my radio set to sell as well? I suppose that there arc a few things that an auctioneer can still sell, Mr. Hubble. I thought that the object of the Act was to get at those who made a business of selling radio sets, and not an auctioneer who might sell only one."

Mr. Hubble quoted , several decision $ in support of his contentions. So did Mr. Finlay. i Mr. McKean:. Well, it seems to me a ridici.krus state of • affairs. To my miild this is a trivial matter, and I would ndt give it any consideration if it was not for one decision concerning a Wellington case that has been quoted to me." ,

* The magistrate reserved his decision