INCIDENT ON TRAM

Dominion, Volume 27, Issue 59, 2 December 1933, Page 24

INCIDENT ON TRAM

Man Refuses to Leave Rear Platform CONDUCTOR UPHELD His refusal to leave the back platform of a city tramcar when requested to do so by the conductor, and take a seat inside, led to the appearance in the Magistrate’s Court of Francis Slowey, contractor, of Goring Street, who decided to make a “test case” of the action. Slowey, who was represented by Mr. H. F.O alleged that t»he conductor had a set on him, and showed unfair discrimination whenever he boarded a car but Mr. C. R. Orr-Walker, S.M., held that there was no justification in Slowey disobeying the conductor’s orders, and fined him 10/- and costs. Conductor Barnard said when he requested Slowey to take a seat, inside, as his car was travelling along Manners Street toward Cuba Street, Slowey said, “No, lam not going to. You can call an inspector or a policeman, or what you like.” A constable boarded the tram in Willis Street, but Slowey refused to leave the rear platform at his request. His name was then taken. Mr. O'Leary: I take it you have discretion as to whether you allow persons to stand on the rear platform or not? —“Only if they are cripples or onelimbed'persons.” I take it you allow people to stand on the platform, but not Mr. Slowey, because you have a set on him? “No, that is not true.” The magistrate said the regulation provided that no person shall refuse to leave the rear platform when requested to do so by the conductor. Obviously, the conductor must conduct his car, and if anybody were allowed to disobey his orders there would be pandemonium in no time. There was no doubt that Mr. Slowey had got it into his head that he had been discriminated against, but did that mean that the conductor could not order him off the platform? There was no justifica-" tion at all,for disobeying orders. There were seats inside the car. He wanted to test the question, and found he was in the wrong. If the conductor was unfair to him he had his remedy. The conductor could not be unfair in ordering him off the platform even if there was discrimination.

In convicting defendant and fining him 10/- and costs, the magistrate said he wi>uld take into consideration the fact that it had cost him something to come .to court and fight a losing battle.