Orchardist Who Carted on Sunday

Manawatu Times, Volume 62, Issue 55, 6 March 1937, Page 2

Orchardist Who Carted on Sunday

FINED BY MAGISTRATE A case of some importance to Hastings orchardists came before the Palmerston North Magistrate’s Court when Simon Edilson, orchardist, of Twyford, was charged with working at his calling on a Sunday in that he drove a motor truck loaded with pumpkins. Senior-Sergeant Mclntyre stated that .hat the offence took place in Palmerston North on Sunday, January 24. Edilson stopped in King street where he dropped a portion of his load at an auction mart. Pumpkins were not perishable and so their conveyance to market to Sundays was not a necessity. Constable O'Boyle, who spoke to Edilson about the matter, stated in evidence that defendant, in reply to a sugI gestion that he could have driven down j at night, had stated that he did not like night driving. Defendant had said it was necessary to get tho pumpkins to ‘ the Wellington market before they lost their freshness and bloom. Mr. J. A. Grant, who apjjeared fur Edilson, submitted that the work was one of necessity. Further, defendant, when carrying his produce, was not working at his trade or calling. Stili further, public and private motor-cars, carriages and vehicles were exempt from the Sunday trading clauses of the Act, and he submitted that a motorlorry came under the definition of carriage. Counsel explained that in order to assist Hastings growers to get their produce to Wellington, the Government had provided a special train that left Hastings every Sunday evening during the season. To make use of that train growers were loading all Sunday afternoons and carting from orchard to station. The only difference from the present case was that of distance. It was impossible for Edilson to leave Hastings by lorry at night and be in Wellington in time for the opening of the markets on Monday morning. Edilson loaded, his truck on Saturday afternoon. Tho truck belonged to defendant and would come under the definition of carriage in the exemption clause. It had been held that a bicycle and even an aeroplane is a carriage. The pumpkins were perishable and had to be taken to the market in time. Last year Edilson had lost upwards of a thousand sacks of pumpkins through perishing. The case was an important one for fruit growers because many had had to switch over to produce as a result of the frost spoiling the fruit crop. Edilson gave evidence along the lines of counsel’s opening remarks and in answer to Senior-Sergeant MclnMre, said he had delivered a portion of his load in Palmerston North. He did not use tho train because ho had his own truck and, further, he had a daughter in Wellington and while there went to see her. All summer pumpkins were very perishable. He admitted that last May he had been advised by the police not to continue Sunday carting. Mr. Grant pointed out that even if defendant sent his produce by the Sunday train, he would be doing exactly the same thing as he was charged with because all the loading of the train was done on the Sunday. The Magistrate, Mr. J. L. Stout, could not agree with counsel that a lorry came under the definition of carriage in the exemptions. Rather must it refer to horse-drawn vehicles otherwise the clause would not be worded as it was.

Mr. Grant again submitted that defendant had not been engaged in hia calling. The Magistrate: But it must include the getting of his produce to market. There might be something in the contention if the Government had not provided the special train which now rendered it unnecessary for Edilson to drive to Wellington.

Counsel: The train makes for Sunday work.

The Magistrate: But he is charged with carrying on his calling in Palmerston North and that was not necessary His Worship enteied a conviction, fining defendant £2 with 12s costs.