MARKETING MEAT

New Zealand Times, Volume XLVII, Issue 10897, 11 May 1921, Page 4

MARKETING MEAT

AH* IMPORTANT POINT IS AUTHORITY CONTAINED IN AUCTIONEERS’ LICENSE P ACTION BY CITY COUNCIL Emanating from their action in sell* in S fresh ly-k i lied meat unthnut having a meat vendor’s license issued hv the City Council, action was taken by the City Council against Townsend and Paul, produce merchants, etc., Allen street, before" Air F. K. Hunt S.AI., in the Magistrate’s Court yesi terday. Mr J. O'Shea appeared for the City Council and Mr H. F. O’Leary for the defendant company. Mr J. O’Shea said'the defendants had decided to sell whole lengths of meat by auction since the fall in prices of mutton. _ Under by-law 12, clause 34, the action of selling meat without a license was forbidden. The council had power to license persons or property and to charge license fees. The object of the by-law was to prevent any meat .being sold that was not in - accordance with sanitary requirements. The sales in question were conducted by auction at 9.30 a.m. daily. The meat was sold whole aTu l was hung up amongst the othe»r goods at the establishment. If application had been made for a license, and proper conditions had prevailed, including ventilation, etc., fie saw no reason why the council should not grant a license. DIRECT FROM THE FARMERS. Frederick Townsend, managing director of the firm of Townsend and Paul, said the meat had come direct from the farmers of the Wairarapa* formerly, it had been slaughtered at the city abattoirs. Lately the meat had come from Masterton to Wellington in proper trucks. From the tram it was conveyed to the establishment in proper wagons. The meat was hung up clear from the ground. The sales were held daily at 10 a.m_, and usually finished at about 11. The meat was practically anttfofched by hand until taken delivery of by purchasers. Abe room in which the sales were conducted had previously been paaiwl by the council. Fish was sold in a different part of the bunding, and never came in contact with the meat. The building was kept scrupulously dean. The advantage about selling by auction was that there was no refuse. He had been associated with the firm for nearly 40 years. His firm vice liiwised auctioneers. NOT “MEAT VENDORS.” For the (Tefendants Mr O’Leary stated that if the by-law was valid, it did not apply to the defendant company, being an auctioneer, ‘because th. defendant company was not a “meat vendor.” The defendants had acted in every way bona fide, thinking that they were performing a benefit to the public. It was carried out on strict lines. In the license of 1908 the defendants would be permitted to sell by auction. “The question which arises,” said Mt O’Leary, “is this: Can a by-law prevent a man from selling by auction when a license has been given to him?” QUESTION OF AUTHORITY. . Mr O’Leary quoted authorities iu support of his contention that no bylaw could .be framed which would prev_mt an auctioneer selling the meat by auction. It was a statutory right and could not he overridden by a Bylaw-. Die license granted to the defendants gave authority" to the holder to sell any property anywhere in New Zealand, ana in spite’of this fact the council had said that an additional “meat vendor’s” license vodd be required before the safes could be valid. Fish was allowed to he sold by nonlioensed people because, being a perishable commodity j it was desirous of selling it as quickly as possible. This, surely, was an argument in favour of the selling of meat by auction. The defendant company had simply sold the meat for another party in accordance with the auctioneer’s license. LIMITATIONS. Mr O’Shea said that the holder at an auctioneer’s license was not empowered to sell any goods. For instance, any man could take out an auctioneer’s license and then go and sell meat, on the street. Under the Auctioneers Act the question was of the involved “method of selling” more than the “property that was sold.” There was a different by-law dealing with batchers’ shops, which, provided that even a butcher’s shop must comply with conditions. There was n« other way of regulating the conditionf than by having all meat under control and under license.

Air O’Leary said that the position had really arisen through the desire of growers of stock to sell their goods fay auction. The magistrate reserved faw decision.