LAW AND COMMON SENSE.

Auckland Star, Volume LXVIII, Issue 300, 18 December 1937, Page 8

LAW AND COMMON SENSE.

I Theoretically the law is common sense applied to the relations of man and his [neighbour. A literal interpretation of the law's words does not always give a common sense result, as witness the recent decision of the Arbitration Court regarding holiday pay when the holiday coincides with the week-end, a decision which the Conrt itself had no hesitation in stating cut right across Parliament's real intention. But there are circumstances under which a Court can make up its mind that literal interpretations are stupid, and that circumstances are more important than definitions. One of these cases was finally disposed of this week. A motorist, to get away from dazzling lights behind him, speeded up his car to a few miles beyond the 30-mile limit in the Whangarei borough. The dazzle came from an inspector's car, and the officer prosecuted the motorist for speeding. The magistrate found that there was no danger to the public and that the breach of the law was occasioned by the inspector's own conduct. He dismissed the case. An appeal was lodged, but Mr. Justice Callan, without calling on counsel, declared that the magistrate's decision was just, proper and sensible, and that the appeal should not have been made. The limitations placed on speed on borough roads have the support of the j whole community, motorist and pedestrian alike, but a trifling breach, involving danger to nobody, should not lead to a prosecution. { The traffic laws, if they are to function j effectively, must be supported by road users, j and they must be enforced without a hysterical insistence on the letter of the law. If the j opposite course be adopted, the roails will be ;filled with disgruntled drivers, sore at punish- j nient for trifles and determined to beat the j i traffic inspectors at every opportunity. The i effect will be a multiplication of road-dangers, I [instead of their limitation. j