MAXIMUM EXCEEDED

Evening Post, Volume CXXXIX, Issue 149, 26 June 1945, Page 7

MAXIMUM EXCEEDED

BUTCHERY FIRM FINED

PA DUNEDIN, June 25. The* butchery firm of W. Duke and Sons, Ltd., was charged in the Magistrate's Court today before Mr. H. W. Bundle, S.M., with a breach of the Control oi! Prices Emergency Regulations. Defendants, who were represented by Mr. J. S. Sinclair, pleaded not guilty to a charge that on March 9 they offered for sale first grade prime rib rolled and boneless beef at Is per lb, the maximum price being 10|sd per lb. The prosecution, which was brought on behalf of the Department of Industries and Commerce, was conducted by Mr. F. B. Adams. The gallery was packed with members of the butchery trade, whose shops were closed for the day. The defendant company was fined £15 and costs £3 3s. Mr. Adams said the offence was regarded as serious. Three days after an inspector had detected the offence the company had written to the liaison officer dealing between the butchers and the Government stating that it was impossible to adhere to the price order, and strongly criticising the operation of the order. The prosecution had been brought in an atmosphere of intimidation, and he submitted that the letter referred to was written to dare the tribunal to prosecute. The event was being celebrated by a butchers' holiday, and the trade was sacrificing public convenience. For the defence, Mr. Sinclair said Duke and Sons were the oldest established butchery firijj in Dunedin, and in 57 years no conviction had been recorded against them. Counsel submitted that in the absence of a proper subsidy not only the. defendants, but every 'butcher in the community, was compelled to charge in excess of the price fixed by the tribunal or go out of business, 'The price order did not give the butchers a fair price. They had been compelled* to shoulder all overhead expenses, wages, and ancillary charges, and now went into this fight with the authorities boots -and all. Cross-examined by Mr. Adams, William James Duke, managing director of the defendant firm, admitted that for the whole of the present year and for portion of last year he had mot been keeping to the price order. He knew nothing about other butchers in the city. Asked if he was prepared to swear that he was carrying on at a loss, witness said he was on the right side, but was not making a big profit. He said he was prepared to produce the company's balance-sheet in order to convince the stabilisation committee that if they operated under the existing order shops would have no recourse but to shut down. "If we get a subsidy we will go right down to the pegged price and stay there," witness affirmed. Asked by the prosecution why the shops had closed that day. witness admitted it was to attend the proceedings. The Magistrate said that in the eyes of the Court defendant had broken the law. and there was no option but to convict. It would be wrong to treat the matter as trivial, and a nominal penalty only was not.sufficient. The price regulations were designed to protect the public from exploitation by traders, and were not meant to penalise honest traders. Defendant obviously had a grievance in that the difference between the buying and selling prices did not allow of a reasonable profit. It would appear that an increased subsidy was indicated, but it would be presumptuous on the part of the Court, which was not a court of appeal, to tell the Government what to do. The butchers had a definite grievance, but it was only his duty to interpret the law. A TIMARU GRIEVANCE P.A. TIMARU, This Day. Under instructions from the Government, the Timaru Borough Council recently installed a weighing machine at the abbatoir. at a cost of £470, and the council wishes to recover that sum from the master butchers and impose a weighing charge of 4d for cattle and 3d for sheep. The master butchers object to being saddled with these costs without any possibility of a return and lodged a protest to the council. The butchers met the council, and later passed a resolution that a letter should be sent to the stabilisation committee, protesting against the proposed increased charges, and asking if they were legal and that the borough council be asked to withhold the charges pending a reply from the Stabilisation Committee. UNIVERSITY RUGBY P.A. DUNEDIN, June 25. The following So«-th Island University Rugby team has been selected to play the northern universities at Dunedin on July 11:—Kane (Otago), Drummond (Canterbury), Wood (Otago), Kelly (Canterbury), Connon (Otago), Elvidge (Otago), Hay (Canterbury); forwards, Bond (Canterbury), Gordon (Otago), Macalister (Otago), Veale (Canterbury), Buckley (Otago), Molliken (Otago), Foreman (Otago), McKenzie (Canterbury). Emergencies, Harding, Ongley, and Fraser (all of Otago), with a fourth to be selected. RELIEF FOR BRONCHITIS SUFFERERS Recent weather conditions have proved a trial to bronchitis sufferers, j and many elderly folk who suffer from 1 night coughing. Thousands find welcome relief in Baxters Lung Preserver. Keep "Baxters" by your bedside and have immediately at hand the best means of relief from coughing. "Baxters" should be in every home as it is a perfectly safe and reliable remedy for all members of , the family. i "Baxters" should be diluted with , water as directed for young children who will love the flavour. You. can feel each dose of "Baxters" doing ; you good.- "Baxters" is New Zealand's proved most popular remedy j for coughs, colds, sore throats, etc. i Insist upon "Baxters" from chemists < and stores. Prepared by Baxters, Ltd., ; 602 Colombo Street, Christchurch.— 1 Aclvt. |.i