AIR RACE PILOTS

New Zealand Herald, Volume LXXI, Issue 21878, 14 August 1934, Page 11

AIR RACE PILOTS

MANAWATU DEADLOCK ACTION AGAINST CLUB DIFFICULTY OVER FINANCE CHIEF JUSTICE'S COMMENTS [BY TELEGRAPH —PRESS ASSOCIATION*"] ' WELLINGTON, Monday Proceedings were taken in the Supreme Court before the Chief Justice. Sir Michael Myers, to-day by Major G. A. C. Cowper, air pilot, of Palmerston North, for an injunction restraining the* Manawatu Aero Club from employing, in. addition to its one nominee, any person other than plaintiff to act as pilot, of the club's aeroplano in the Melbourne centenary air race. ]n the alternative, it was asked that the club be restrained from making use of the entry made in its name by plaintiff without fulfilling a condition of the entry, namely, by allowing plaintiff to act as pilot. The statement of claim set out that on June 1 a verbal agreement was made between plaintiff and the club in pursuance of which plaintiff mado an entry for the race in the club's name with himself as pilot and paid an entrance fee of £lO. The club now did not intend to 'allow him to act as pilot and had repeatedly stated it proposed engaging two other pilots. It was alleged further that the entry was made upon the express condition "that plaintiff should act as pilot of the aeroplane which was to be purchased by the club. Tho club since then had threatened, and was continuing to threaten, to make use of the entry without allowing plaintiff to act as pilot. Denial ot Agreement In its statement of defence, the club denied that it entered into any such agreement with Cowper. It alleged tho entry for the race was not mad© by plaintiff, but'by Matthew Henry Oram on behalf and in the name of the club. The club denied that £he entry was made upon condition that plaintiff should act as pilot of the aeroplane, but admitted that in a cablegram making the provisional entry, forwarded by Oram on its behalf, plaintiff was nominated as one of the pilots. It was also admitted by the club that it was endeavouring to arrange to fly the aeroplane in the raco with pilots other than plaintiff. Counsel for plaintiff, 'Mr. Ongley. said that plaintiff was a pilot with 20 years' experience. The entry was for the handicap race, for which the first prize was £2OOO. The agreement relied on was not in writing. His Honor said there must have been some kind of understanding, otherwise the cablegram would not have been sent entering the club. Counsel for the club, Mr. Cooper, said the difficulty was in regard to finance. With Major Cowper as pilot there was not the chance of getting the guarantees required as there was with Squadron-Leader McGregor as pilot. Making Entry lor Eace

Herbert Ernest Edmunds, president of the club, said that in the early stages the whole thing had been in the air. There were two hours in which to -make the entry. No member of the club had power to enter into an agreement binding on the club and there was never any agreement of that kind. In reply to the Chief Justice, Mr. Edmunds admitted it to be a fact that if it had been said in the first instance to Mr. Oram that the club would not have Major Cowpr that would have been the end of the project as far as Mr. Oram was concerned. Mr. Oram would not have made the entry in the name of the club. "If Mr, Oram had been able to arrange,the finance, or if ho would assure me now that he could arrange it, as far as I am concerned T would withdraw and let him go on with the flight in order to secure Manawatu's representation," Mr. Edmunds stated. The Chief Justice: What is the trouble? Do members of the club or the committee want someone other than Major CowperP Mr. Edmunds said the club could not get anyone interested in the flight or get guarantees with Major Cowper as pilot-.

Condition of Guarantee It was correct that but for the inter- . vention of Mr. Oram, whether for him- ' self or Major Cowper, the entry by the club would not have been made, said witness. He recognised it would be unfair to Major Cowper not to have him as pilot if the finance could be arranged on the assumption that he would be pilot. It was necessary if the club was to be represented in the race for the two pilots to leave for England in not less than a week from now. "We could not start with the art union before September 28," Mr. Edmunds continued, "and it would be n few weeks after that before we knew how far it was successful. We could only nrrange to get the pilots away within a week by obtaining guarantees of the finance, the guarantors taking the risk of a refund from the proceeds of the' art union and the aeroplane itself if it came back here. The bank will only accept a joint and several guarantee for the amount required, £IBOO. There is a guarantee available subject to the condition that the pilot is Squad-ron-Leader McGregor." "Whether 1 think Major Cowper was shabbily treated by the club, I am not indicating at the moment, hut iit occurs to ine that the district's participation in the flight is merely or largely a question of sportsmanship," said His Honor. "The matter ought to be capable of an arrangement without any absurdity or anything of that kind." Mr. Ongley replied that that proposition had been put. Chief Justice States Position

"Well, I have nothing more to say to that," His Honor remarked. "If my hint is taken, well and good, and all the better for those concerned. If it is not taken, I must do justice to the parties according to the law, whatever the results may be. "The position is this," he continued., " If-Mr. Oram can finance Major Cowper in the flight, then the club says, ' Very well, we will not stand in his way; lie can make use of the entry,' but that is not practicable because Mr. Oram cannot do it. Is the district to be represented or not? Jf Major Cowper succeeds in this action it cannot be represented." Mr. Ongley. It can be, but will not, /probably. It was submitted that the evidence established that there was an agreement between plaintiff and the aero club, said Mr. Ongley in his address. The agreement entered 'nto had been on a basis similar to a partnership. Lengthy legal submissions were made |f for the defence by Mr. Cooper. He said undoubtedly there had been someSit: thing in the nature of an arrangeH went. The proposal was that if finance could be arranged a definite agreement would be entered into, but there had been no definite contract Before the Court rose His Honor asked Mr. Ongley to state who would •m pay Major Cowper's steamer fare if ■sf the injunction were granted. "That would be paid by the aero m c l«b." said Mr. Ongley, "but we f|; Wight waive it." *, \' Decision will be ghten either toj tuorrow or on Wednesday.