MILK DELIVERY.

Auckland Star, Volume LXVII, Issue 173, 23 July 1936, Page 20

MILK DELIVERY.

BY-LAW CHALLENGED.

QUESTION OF TIME.

COURT RESERVES DI CIS lON.

After hearing further evidence yesterday afternoon, Mr. F. K. Hunt, S.M., reserved his decision in the case in which Hedley Davis was charged with delivering milk at 5.45 a.m. in contravation of the Milk Council's by-law which limits the time for delivery to houia, between 3 a.m. and 8.30 a.m. There wa» a similar charge against C. M. Feck. Admitting the facts, Mr. A. K. North, who appeared for the defendants, attacked the validity of the by-law on the grounds that it was unreasonable, lie stated that the case for both defendants would rest on the validity or otherwise of the by-law. Mr. Johnston appeared for'the Milk Council.

Continuing his evidence yesterday aftqrnoon, Norman Royle Chapman, secretary of the Auckland Milk Council, said that the council, on fixing the period of delivery at 5A hours, had' not considered it necessary for the milkman to stop for food or any other purpose during that time. lie admitted that a man distributing milk to 195 customers had to serve an average of one customer every 1 1 minutes or thereabouts, so that he would have little time to stop. Object of By-law. Mr. Chapman said that the information contained in the applications for vendors' licenses was before the council when the oA-honr period for delivery was decided upon it.

"Was not this by-law passed to force consolidation?" witness was asked by Mr. North.

"I would not exactly say that," stated witness, "but that had something .to do with it. The council also wanted to bring the deliveries to a uniform basis."

Askccl whether he did not. think 51 hours insufficient, witness said that he would not admit that. Sonic of the producer-vendors would not get up early enough to start delivery at 3 a.m. Others milked at midnight and were able to do their rounds in the time. Producervendors, witness stated, always had to milk earlier than those who supplied the larger concerns. The latter did not milk until 4 a.m., and their milk was collected between 0 a.m. and 7 a.m. for pasteurisation.

"It is then held until the next morning to be distributed to the customers?" asked Mr. North. Witness replied that most of the morning's milk was distributed during the day to hotels, boardinghouses and other large consumers. Most of the milk that would be distributed to householders the following morning would be from the afternoon's milk, but he admitted that some would be the morning's milk, and therefore delivered 24 hours after being drawn from tho cow. Milk Vendors' Evidence. Two milk vendors gave evidcncc that they found 5£ hours sufficient time for the distribution of milk since they had consolidated their rounds by exchange of customers with other vendors. One stated that in March, 1935, he had a round of 19 miles, and used to start at midnight. He now had a round of four iniles. Mr. Johnston fcaid that the council's power to fix hours of delivery must be governed by the employees' award, which fixed the starting time and a total of 4S hours a week. Taking into consideration the other duties of roundsmen, such as collecting money and washing their vans, the council had given them all the time available for the distribution of milk. Under the Act by which the Milk Council was set up the council was given power exclusively to regulate the supply and distribution of milk in the district, and specific power to fix the time and place of delivery. The only limitation was that its regulations must not conflict with an existing award.