RADIO LICENSES.

Press, Volume LXIII, Issue 18924, 12 February 1927, Page 6

RADIO LICENSES.

INTERESTING JUDGMENT. CHARGE DISMISSED. [THE PEBBS Special Service.] WELLINGTON, February 11. In the Magistrate's Court to-day, Mr E. Page, 5i.31., gave judgment in a case of great interest to radio men, that being one in which Graham iieaumont Alessingbam, a young clerk, was charged with erecting a radio plant without having procured a license to do bo. , Air J. 31. Tudhope prosecuted, and VLetoing'hain pleadeu not guilty. Lviiieiice was given thai the Deputy Kadio Inspector (Air L. 11. Steven; had received inlormaiioii that there was a wireless set working at lb' liay street, Unental Bay. and the inspector proceeded to visit the house. The landlady took him up to Alessingham's rooin where he found a complete outht, the earth lead going through a hole in the floor underneath the table and the aerial coiled up and hanging outside the door. It was only a matter of a few moments' adjustment to arrange tho set in working order. It was"nn example, said Mr Tudhope, of what had come to be knowp as a night aerial. A certain section of the public had adopted the practice of having aerials coiled up out of sight, but so that they could be immediately run out and attached to a post or a tree. Re asked that if Messingham be convicted the penalty be substantial as a warning to others. Meesingham stated that he had not the technical knowledge to connect up tho set even if he wished to do so. The set had originally belonged to his father and he had been using it to run an electric train. His father had brought it out from Homo and it had not been registered at any period. He admitted attaching one end of the aerial to the chimney but he did not intend to complete the installation until Mnrch, when the full year's license fee would be due.

Mr Tudhope submitted that defendant should have taken out tho license before he started with the erection.

"But, when aro you going to say he started?" asked Mr Page. "Suppose he puts a pole up in his back yard— I mean where do you draw tho line?" "Well, Sir, everything was there ne«essarv for the receiving of wireless signals,'' answered Mr Tudhope. Mr Page: But suppose ho had them in a case. Tho set in its present state could not receive messages..

Mr Tudhope: But if that contention is sound, everyone who owned n wireless set could disconnect it while not in actunl use, nnd so ernde the payment of the license.

"But not if yon could prove that he used it." said Mr Page. Mr Tudhope held that it would he almost impossible to prove such a case as tl;e inspector would have to land in a private house hy chance at the minute the set was in operation. Mr Page said that it would be necessary to prove that nt some stage Messtnghnm had erected a plant capable of receiving messages, and that, he held, had not been proved. "I want to make it clear." he said, "that the mere disconnecting of n battery is not in itself an answer to the charge, but I believe the evidence of the young man when he says that the aerial has never beon attached and the set made capable of receiving messages. T shall have to dismiss the case."