DROVING OF CATTLE.

New Zealand Herald, Volume LXV, Issue 19929, 24 April 1928, Page 13

DROVING OF CATTLE.

OTAHUHU PROSECUTION. TEST CASE UNDER BY-LAW. LIMIT ON SIZE OF MOBS. A test case of considerable importance to stock agents and drovers, involving the question of reasonableness of a borough by-law prohibiting a drover from taking charge of more than 30 head of loose cattle, was heard in the Otahuhu Magistrate's Court yesterday.

Six drovers were proceeded against by the Borough Council for driving mobs of more than 30 head of cattle in Great South Road, contrary to the council's by-laws. The defendants, employees of W. and R. Fletcher, Limited, were Henry Flay, Robert Saunders, Harold Saunders, Norman Pilkington, Harry Perry and Alfred R. Johnson, the case against Robert Saunders being taken first. Mr. R. W. F. Wood appeared for the council and Mr. Ziman for defendants.

Mr. Wood said'the Otahuhu borough was unfortunately situated in that on one side of the borough were saleyards and on the other meat works. All cattle passing between the two had to be driven along the Great South Road, Walmsley Road or Mangere Road. These roads were all closely-settled, and large mobs of cattle surged through on different occasions. People were forced to make way for the stock. Danger to Pedestrians. Daniel Fletcher, borough traffic inspector, said Saunders was driving a herd of 90 to 100 cattle through the borough on April 2. From his own observations, he considered such large herds could not be controlled by one man, and, were a danger to pedestrians. In reply to Mr. Ziman, witness said he would not prosecute unless the mobs were obviously over 30 head. There was a bylaw prohibiting cattle from trespassing on the footpaths, but he did not consider that was sufficient protection. To control a mob of about 100 cattle, men were needed on the flanks. Since the passing of the by-law it had been the practice of the meat companies to split up the mobs outside the borough and drive them through in herds of 100 in charge of one man. R. B. Todd, Mayor of Otahuhu, said the problem was difficult and the council realised stockmen had their difficulties. The council was forced to act, as large mobs were passing through and many complaint# had been received. Mr. Ziman said the case was one ot national importance, and the finding would have a far-reaching effect. !He enforcing of the by-law would enormously increase the cost of getting stock to the works. It was the first time in this part of the country that any restriction had been placed on droving along the roads. In a somewhat similar case at Riccarton the magistrate had held it was unreasonable to restrict the number of cattle in a mob to 25. The Otahuhu borough had invented a new idea of stipulating how the mobs should be driven. If the bylaw were observed, it would mean the engaging of casual drovers for a few hours merely to take the cattle through Otahuhu—a totally unreasonable expense. Mr. E. C. Cutten, S.M.: The difficulty is that the borough has grown and the works are probably not in the most suitable place. Would it not be possible to keep a staff of men at the works to help the cattle through the borough ? Mr. Ziman: It would mean considerable extra expense. The Magistrate: Could a mob not be retained on the highway and driven through in small lots?— There is no place to retain them, while they are also required to be kept on the move. The defendant, Saunders, described the progress of the mob of cattle which was the subject of the prosecution. He had been in charge of the mob, which had come from the Waikato, with two drovers under him. They had been met by two drovers from the works outside the borough. The Question of Control. Henry Flay, whose prosecution arose through driving a mob of 97 cattle along borough roads on March 7, said he had no difficulty fin controlling them. Twelve witnesses, including farmers and representatives of stock firms, gave corroborative evidence. Opinions as to the number of cattle any one drover could take care of ranged from 60 to 100. Any extra men were considered by witnesses to be unnecessary. It was stated it was neither feasible nor desirable to separate small herds of 30 from a large mob. If the by-law were enforced witnesses said the extra cost for droving would have to be borne by the owners of the cattle. Representatives of several firms said they had received no complaints of damage done by cattle in Otahuhu. It was also stated that although more cattle passed over the Hamilton traffic bridge no restrictions were imposed by the Hamilton Borough Council. After hearing legal argument regarding the validity of the by-law, the magistrate reserved his decision.