UNUSUAL CASE

New Zealand Herald, Volume 81, Issue 25054, 18 November 1944, Page 8

UNUSUAL CASE

I'EEIOD OF SENTENCE HABEAS CORPUS APPEAL The question whether the sentence of a prisoner now confined in the Auckland gaol dated from the commencement of the May sessions or the July sessions of the Supremo Court was argued on a habeas corpus application brought before Mr Justice Fair yesterday. The application was made by Mr E. 0. Williams on behalf of Clement Robert Lawson, who was convicted Inst August of being in possession of an unlicensed still that was found on Motuora Island. Mr Williams claimed the release of Lawson on the ground that, his sentence had actually expired on November 2. For the Crown, Mr G. S. R. Meredith opposed the appeal. TI is Honor recalled that when this man and others were committed for trial at the May sessions legal questions" arose which were not disposed of by the Court of Appeal until June. The "trial took place at the July sessions, and when Lawson was sentenced on August 15, the Court took into consideration that he had been awaiting trial since the end of March. A sentence of nine months' imprisonment was imposed, but this was subsequently reduced by the Court of Appeal to six months. The question was whether, as Mr Williams contended, the sentence began from May 2, the beginning of the May sessions, and had therefore now expired, or whether it dated from the commencement of the July sessions at which he was convicted, and therefore had more than two months still to run. His Honor said the application did not seem to have any real merit, because the Court of Appeal took into consideration the fact that Lawson had been in confinement from March until his trial. Mr Williams said the Court of Appeal might have taken the view tiiat the sentence began on May 2. Mr Meredith submitted that a sentence of imprisonment dated from the time at which the offender was convicted. His Honor reserved his decision, which he said he would give as early as possible. At the moment his feeling was that the prisoner was rightly held. HOLIDAYS INCREASED AUCKLAND TRAM WORKERS DECISION OF COMMITTEE Increased holidays are granted Auckland tramway workers who are required to work on public and statutory holidays without extra payments by the finding of a disputes committee set up to consider matters in dispute between the Auckland Transport Board and the Tramway Employees' Union, according to a statement by the secretary of the Auckland union, Mr E, A. Whitlow. The committee was presided over by the industrial magistrate, Mr J. A. Gilmour, and completed its sitting on November 8. A holiday of three weeks, or 15 working days, every nine months has been awarded to the workers affected. This represents an increase of five days' holiday for traffic men and eight days for depot and over-head workers every 12 months, said Mr Whitlow. In effect, the union's holiday claims were granted, although ft former privilege of three days' good conduct leave for motormen and conductors was cancelled. Similar claims for increased holidays were awaiting ratification by the Arbitration Court for both the Wellington and Christchurch branches of the New Zealand Tramway Employees' Union, but Auckland would be the first branch to enioy the benefits. The finding, which operates from yesterday, allows employees not required to work on holidavs an annual leave of two weeks, in addition to nine public holidays. In view of the increased stress and strain of tramway work, tho committee's decision had been received with considerable satisfaction by the workers, said Mr Whitlow, ns it provided an increased measure of relief in a service which operated on 365 days a year. PRODUCE TRADE CHARGE FOR CONTAINERS The ( case on behalf of commercial gardeners for a cha. on vegetable containers which was put by their society in a letter to the Hf.uald on Wednesday has been replied to by the secretary of the Auckland Fruit and Vegetable Retailers' Association, Mr C. C. King. In a letter to ,the Hkhali; he stated that with ceiling prices the Price Tribunal had taken into consideration the growers' costs, which included containers, and these applied only from January 7 to April 30. Before that date the growers had the open market. Under the price orders the margin of profit on tomatoes for the retailer was 40 per cent, and pot 60 per cent, the letter stated. The retailer's profit on a 201b case in the glut period would be 9sd and not Is 7d. It was stated that the growers had to pay their costs out of what they received, but retailers had to pay rent, wages and other expenses fr- their profit. FEELING IN WELLINGTON GROWERS' REPLY TO RETAILERS (P.A.) WELLINGTON, Friday The president of the Now Zealand Council of Commercial Gardeners, Mr B. V. Cookslo.v, said tonight that an ultimatum had been delivered by some retailers in Wellington that unless the proposal to extend the charge for containers was dropped theije would bo a boycott of produce sales, commencing on Monday. The growers had rejected the ultimatum and had prepared plans to ensure that if there was a boycott the public would not be penalised. In the event of a hold-up householders would ho notified of places where fruit and vegetables could bo obtained. OLD SPANISH CORTES MEETING IN MEXICO (Herd. B.la p in.) M F.XICO CITY. Nov 1(1 Hip last President of the Spanish liepublicnn Cortes, ' Martinez Barrio, has announced that ho will convene the ''orics in Mexico City on January 10. 19-15. He expects at least 130 of the original 170 deputies to attend. He added that the order of the day will be —firstly, the reading of the minutes of the last meeting, held in Piguerns, Spain, on February I, 1939; secondly, tho election of new officers; thirdly, deliberation for the restoration of constitutional order in Spain.