THE "STAR" AGAIN.

Greymouth Evening Star, 1 February 1916, Page 5

THE "STAR" AGAIN.

ANOTHER COURT CASB.

THE MOTORIST WHO CAUGHT A

TRAIN,

ENTERPRISE ALLEGEDLY BREAKS

THE BY-LAWS

Recently the Star missed tho Reefton train, but, determined that our clients in that locality should not be without their budget iof news, we despatched a motor car to overtake tho train. It was caught, the people read tho Star as usual; here is the sequel enacted at tho S.M. Court to-day:—

Against A. B. Spiers it was alleged by the police that he did, on December 10th last, drive a motor car across the interesection of Tainui Street and Mackay Street "at other than a walking pace." A second and similar information was laid in respect of the intersection of Mackay, Customs and Alexander Streets.

Mr F. A. Kitchingham, for defendant, pleaded not guilty. Constable Bruton stated that the defendant, at 4.50 p.m. on December 10th, was in front of the Star office taking a load of Stars. He started off the car as fast as it could pick up speed and raced up Mackay Street, dodging traffic, until he disappeared round the railway corner. Mr Spiers was racing to catch the Reefton train. The train left Greymouth at 4.25 and tho defendant caught the train at Ngahere r.t 5.21, which worked out it 30 miles an hour for the car. He went over tho Tainui Street crossing at eight miles an hour, and, gathering way, crossed near the railway station at about 18 miles an hour.

To Mr Kitchingham.—He would say a "walking pace" for a man was about four miles an hour. Horses would walk r,bout six miles an hour. If defendant had travelled at a reasonable pace over the cross, ings he would not have been the subject of comment by cabdriverr,, motorists and others. Witness was at the Tainui Street crossing when defendant crossed Customs Street. There were no notices, so far as witness knew, posted about the town dealing with the sneed of traffic. At the Bank of New Zealand corner in Christchurch six miles an hour was looked upon as a reasonable speed for vehicles. Mr Kitchingham stated a recent calculation had shown that 10.000 vehicles passed the Bank of New Zealand comer in Christchurch in the course of twelve hours, the calculation having been made whilst the traffic was normal. Continuing, he pointed out that the Motor Regulation Act of 1905 was the first to deal with motor traffic, and submitted that the borough by-laws to regulate motor traffic should be made under that Act, whereas the present information was laid under the amending by-laws of 1910, to include motor traffic, but which, counsel contended, should have been advertised under the Motor Regulation Act instead of the Municipal Corporations Act. He also eontended that tlie by-law under which tho information was laid was unintelligible and unreasonable, there being no interpretation of what was a "walking pace" when applied to motor car traffic. In Canterbury districts sign-posts were put up limiting speed in particular parts of motor traffic, in accordance with the provisions of the Act, but these provisions had not been carried out locally. He submitted that the pace of four miles an hour, estimated as a fair walking pace by Constable Bruton, was too slow for reasonable observance bv motor cars.

F. IT. Denton, Town Clerk, said so far as he knew the Borourrh Council had not passed resolutions or posted signs to the effect that any street crossings in tho borough were dangerous. There were no notices about the town concerning the speed of motor cars. He produced a resolution of by-laws passed in 1910. Scrgfc. Egau applied for an adjournment in order that the borough might be represented by counsel, which was granted for Mondav next.