AUTOMATIC LICENSE.

Auckland Star, Volume LXIII, Issue 122, 25 May 1932, Page 8

AUTOMATIC LICENSE.

COMPETITION WITH RAILWAYS WHANGAREI APPEAL CASE, UNSATISFACTORY FEATURES. (By Telegraph.—Own Correspondent.) WHANGAREI, this day. The ruling that no motor service was entitled to an automatic license for the run between Whangarei and Ohaeawai or Otiria was made at a meeting of the Transport Appeal Board sitting in Whangarei yesterday, Mr. Justice Frazer presiding. The appeal of Alex. Hutley, who applied ior a license to run daily between Whangarei and Awanui, occupied a full second day, and finality still remained to be reached on the point whether it was necessary for thp needs of the district and in the interest of the public that a motor service should ply between Whangarei and Ohaeawai. The appeal was opposed by the Railways Department. Mr. Taafe acted as agent for the Department in arranging for the two services to stop at Otiria. Placards were prepared showing that, in the future, no cars would run between Whangarei and Awanui. Hutley should have seen these. Appellant apparently honoured the "gentleman's agreement" for a fortnight. After counsel for the Railway Department had delivered addresses, appellant's representative replied. He said that it was unreasonable to expect Hutley, in his absence, to abide by the agreement made between Taafe and the Railway Department. He submitted that his client was entitled to an automatic license. He reminded the Court of the assurance of Mr. Wall, of a Kawakawa hotel, that [A. Hutley had stayed there from October 1 to October 7. Onus of Proof. The board retired, and on resuming, Mr. Justice Frazer said that it had already been indicated that an automatic license in respect of the Kaeo section could not be considered. Regarding the section between Whangarei arid Ohaeawai the onus of proof was on' the applicant, and the board was convinced that this onus had not been discharged. The Hutleys had been unsatisfactory witnesses. They had sheltered behind the fact that the arrangement with the Railway Department, regarding service care ceasing at Otiria, had not been made with them, but through Taafe. The board was satisfied that Taafe was an honest witness, and not apt to be rash and that there must have been a perfect understanding between him and Hutley as to what each was to do. On the other hand, there had been something suspiciously like trickery. The evidence on the maintenance of a continuous service between Ohaeawai and Whangarei was unsatisfactory. " Ugly Suggestions." Then there were the ugly suggestions —even if they were only suggestions— that, if there were objections from the Railway Department, the through service might be continued in the name of a driver. There was a definite onus on the applicant to prove that the run between Whangarei and Oliarawai had been eon tinuous. The board was not satisfied this had been discharged. Too many matters required investigation. The board could not say that Hutley was entitled to the granting of an automatic license. His Honor did not think the hoard could fairly deal with the appeals lodged by Hutley' and Baker in reference to the Kaeo run, as several applications for this, and the service through the Mangamuka, which was relevant, had yet to be adjudicated upon by the No. 1 District Licensing Authority. This would have to be held over until the No. 1 authority dealt with the whole matter.