TAXI TEST CASE

New Zealand Herald, Volume LXXV, Issue 22995, 24 March 1938, Page 12

TAXI TEST CASE

TELEPHONE CHAKGE PROSECUTION WITHDRAWN CITY COUNCIL APPLICATION NEW BY-LAW MENTIONED Tlio prosecution brought against William John Buckley, managing director of Atta Taxis, by the City Council, as a test case to determine the legality of the charge of 6d made by taxi drivers for cars hired by telephone, was withdrawn in the Magistrate's Court yesterday by permission of Mr. C. R. Orr Walker, S.M. Defendant, for whom Mr. Goldstine appeared, was charged that being the driver of a licensed cab, fitted with a taximeter and hired by distance, ho did demand and accept a greater fare than shown on the meter at the termination of hiring. The information was laid by the traffic superintendent, Mr. C. Bland, and the city solicitor, Mr. Stanton, conducted tho case for the council when it was heard on January 26 and February 2.

Increase in the Fare Defendant pleaded not guilty, and Mr. Goldstine attacked the by-law under which the information was laid, contending that it was unreasonable and uncertain. After evidence had been heard th£ Court reserved decision. Mr. Stanton said in Court yesterday that since the case had been heard the City Council had considered tho subject, and had decided to pass a new by-law, providing for the fare for tho initial mile to be increased from Is to Is Gd. Therefore ho asked for leave to withdraw the prosecution. Wrong Impression Given Mr. Goldstine said he had no objection to the case being withdrawn. It was uufortunate, howovcr, that a newspaper report had appeared after the hearing, stating that a councillor, at a meeting of the council, said it had been held that tho charge of 6d was illegal. He pointed out that that was not in the case at all, the magistrate had said only that it was illegal as a telephone charge, but he reserved his decision on the question as to whether tho by-law was reasonable.

"Probably the City Council has more or less anticipated what the decision would be," said the magistrate. He understood that the council was to pass another by-law increasing the fare from Is to Is 6d for the first mile.

Mr. Stanton was given permission to withdraw the prosecution.