OBSTRUCTING THE HIGHWAY.

Otago Witness, Issue 2927, 20 April 1910, Page 69

OBSTRUCTING THE HIGHWAY.

NEWSPAPER COMPANY PROSECUTED. :' WELLINGTON, April 18. - Judgment was delivered by Mr Riddell, S.M., to-day in the cases brought by Inspector Doyle against the New Zealand Times Co. (Ltd.). There were two informations—one for encroaching on Lambton quay for the purpose of exhibiting pictures on a screen, and secondly that the defendant company caused s j crowd to congregate, in Lambton quay st 1 as to impede traffic. Defendants hac pleaded " Not guilty" on each count Regarding the first reformation, nis Worship said that he was satisfied from th« evidence submitted that what had been done by defendants was not sufficient te constitute an offence. This information must be dismissed. On the other information defendants must be convicted. This information was laid under by-law 54 of the Wellington City Corporation by-laws. The pictures began at 9 o'clock in the evening, and the natural inference was that the large crowd that subsequently gathered and stayed was attracted by the exhibition. In his Worship's opinion this was sufficient to amount to an offence against, the corporation by-laws. In regard to the reference made by Mr O'Shea to the loss of receipts sustained by the stoppage of the trams on the Quay line, the magistrate said that that did not come within the scope of the by-law. It could be dealt with civilly by a claim for damages. In the second information a nominal penalty would be inflicted. Inasmuch as it was the first prosecution of its kind, it would act as a warning to others. Defendants were fined 40s, with costs (7s), and solicitors' fee £1 Is. Costa were not allowed in the first case, his Worship considering that the matter was one of public concern. Mr O'Shea represented the corporation and Mr Dalziel appeared for the Times Company.