COMMERCIAL TRAVELLERS AND HAWKERS.

Otago Witness, Issue 1906, 21 August 1890, Page 13

COMMERCIAL TRAVELLERS AND HAWKERS.

(Tbom Or/R Own Cobbbspondent.) Chobiwell, August 18. A case of considerable importance to upcountry storekeepers was decided in the Resident Magistrate's Court to-day, when Messrs Brown, Ewing, and Co.'s traveller (Mr Nicholson) was fined under the new bye-law of the Cromwell Borough Council for hawking goods by sample* Defendant was fined 5s and costs of court, and solicitor's fee (£1 13s). The case being a test one accounts for the small fine. The maximum penalty is £5, and the magistrate was understood to say that future cases would be dealt with to the fullest extent. Mr Gilkison, defendant's solicitor, made an able defence, quoting British law and precedent, tending to show that both of these always respected the freedom of trade. He contended that the bye-law made by the Oromwell borough was prohibitive, and therefore ultra vires. Mr Turton, for plaintiffs, cited the Municipal Corporations Act of 1886, wherein the definition of hawker embraces an extensive application, and averred that the bye-law was uofc prohibitive, and thafc ifc only provided for a license fee equivalent to the rates paid to the local authority by resident shopkeepers. His Worship (Mr J. N. Wood) took the latter view of the case, and gave judgment for plaintiffs. It is understood thafc notice of appeal will be given. ___^ Sir William Fitzherbert, Speaker of the Legislative Council, received many congratulations on Saturday, the occasion being the celebration of his 80th birthday. A criminal libel action is about to be instituted by Mr H. D. Bell, Crown prosecutor in this city, against the Otago Workman, a newspaper published and circulated in Dunedin, in respect of some strictures op himself in an article of the 26fch July relating to Judge Edwards' appointment.