FLOOR CONTROL APPEAL CASE

Evening Star, Issue 19003, 27 July 1925, Page 3

FLOOR CONTROL APPEAL CASE

SIXTH DAY OF HEARING [Per United Press Association.] WELLINGTON, Jjily 25. To-day was the sixth day of tho Appeal’Court’s hearing of the case in which the Crown appeals against Mr Justice Sim’s decision in the case of tho prosecution of certain flour-millers and Disti ibutors’, Ltd., for alleged breaches of tho legislation against trusts. i\]r Myers, continuing his argument for the respondents, said that the legal argument by the Attorney-General was entirely without validity. He had argued that the Distributors, Ltd., was a purchaser, hut that firm did not even obtain possession of the goods. It was simply the agent lor the flour-miller, and if a breach of contract occurred tho persons receiving the goods would have to sue tho flour-millers, not Distiibulors, Ltd. Section 3 of tho Commercial Trusts Act, 1910, was not applicable. What the combine tried to do was to insure production. Mr Justice MacGregor: Jt seems to limit production. Do you say that tho flour-millers would have to go out ol business if the combine ceased? Mr Myers: I say definitely that under the present conditions this state ot affairs would come about in a very short time.

Mr Justice MacGregor; Do you expect people in this country to pay £lB for wheat when they can get it for £l9 in this country? Is that in tho interest of the public? Mr Myers: The court is not to lay down the policy of the country. Tt cannot - assume the functions of Parliament. The carefully reasoned judgment of Mr Justice Sira is entitled to every consideration. Sir Robert Stout (Chief Justice) : You must remember that we are here to consider an appeal from his decision. Mr Justice Reed: Upsetting other judges’ decisions is practically oiir only form of amusement. The court adjourned till Monday.