SHARP WARNING

New Zealand Herald, Volume LXXV, Issue 22971, 24 February 1938, Page 18

SHARP WARNING

MILKMAN FINED £4O BOUGHT BELOW FIXED PRICE COUNCIL BRINGS ACTION Four charges of buying milk below the Milk Council's fixed price were brought against James H. Bothwcll. a milk vendor, in the Magistrate's Court, beforo Mr C. R. Orr Walker. S.M., yesterday. • Mr. Johnson, who appeared for the Auckland Metropolitan Milk Council, said defendant had been underpaying his dairyman almost since he began business, at the end of 1936. Accord ing to figures supplied to the Milk Council after ho appeared before it in November, defendant had underpaid to the extent of £99. The offence was regarded as serious by the council, as it resulted in unfair competition, and was liable to d sorganiso the trade. It was because of price cutting that the Metropolitan M.lk Act had been passed. Prosecution's Submission Mr. Johnson suggested that the offences were deliberate, because defendant showed his knowledge of the true position by obtaining receipts for amounts calculated at tho correct price fixed by the council, whereas the amounts puid were less than those shown. Mr. Coates, who entered pleas of guilty for defendant, said his client was not solely responsible, as the dairyman had been a willing party. No advantage had been taken of tho producer bv defendant. Defendant was a young man bearing on his own account the arduous duties of his business, and he had not regarded the price cutting offences as particularly serious until he had consulted his solicitor, who had told him how serious they were. Since the matter had been brought to light he had assisted the council by supplying it with information and statements. Mr. Coates said defendant was not experienced in the business, and asked for a light penalty. Magistrate's Comment " Offences of tho kind now admitted are very difficult to detect, principally because both the parties wish to keep them quiet," said the magistrate. " When a case is proved this calls for a substantial penalty to prevent others from committing a similar offence. In the present case the offences are of a serious nature, deliberately committed, and those interested in such matters must be shown that they cannot commit those offences with impunity." A fine of £lO and co3ts was imposed on all four charges.