HEARING ENDS

Poverty Bay Herald, Volume LXIII, Issue 19134, 1 October 1936, Page 5

HEARING ENDS

CLAIM BY ORGANISER DEMOCRAT PARTY ECHO ADDRESSES BY COUNSEL DECISION RESERVED (Per Press Association.) AUCKLAND, ibis day. In the Magistrate’s Court yesterday afternoon, Mr. Wyvern Wilson reserved decision in the ease in which Harry Charles Baulf is suing several wellknown personalities of what was the Democrat Party, claiming to recover £195 as the balance of salary and expenses allegedly owing for work as the Auckland organiser of the party. On behalf of T. C. A. llislop, Mr. B. Elliot said that: the only possible persons liable were cither A. E. Davy, \y, Goodfcllow or certain persons who were members of the Democrat organisation, or tho executive. llislop was definitely not included. Actually, it was it point that lie was neither a member of the executive nor of tho organisation. There was u distinction between members of the organisation') ■ which. was a permanent party structure, and candidates, whose function was the enunciation of the policy. It was possible, he added, that a candidate might -be a member of the organisation, butlsuch a candidate had to be elected to the executive. Had there been a Democrat Party in the House, tho leader would have become a member of the executive. The plaintiff had to show clear proof that llislop was actually a “member” of the organisation, and no real evidence of that, had been given. llislop was not a contracting party. *

QI J ESTION OF R LSI'OX SI HII. IT V Addressing the magistrate on ‘behalf of the plaintiff, Mr. J. W. F. Dickson said that llislop could not. deny being a .member of the Democrat organisation. Alternatively, llislop was a trustee controlling the trust funds of the organisation. He attended meetings, paid out funds for furthering the objects, and identified himself with the organisation, both publicly and from the point of view of inner finance. He had accepted all the Traits of membership and had hoped to become Prime Minister of tlie Dominion had the party been returned to office- Now that membership of the party was likely to be it liability, it was to be hoped that he would not be allowed to evade his responsibilities. Davy, counsel added, had made, the original contract of employment with tho plaintiff, while Goodfcllow was it party to it and should share the responsibility for debts incurred. The latter was liable up to the time of his resignation. “One hesitates to say what one thinks of Donald,” said Air, Dickson. “Ilis conduct in the witness box was unsatisfactory in that he refused to answer straight-out questions by a plain ‘yes’ or ‘no.’ ” Donald was chairman of the committee which controlled the funds in Auckland, and his liability could not be denied. “LEGAL RESEARCH”

The plaintiff, said counsel, would not have joined the organisation if there had not been an express guarantee for payment, especially in view of his bitter experience with other political parties. Actually, a Democrat organisation did not exist in law, and it was an elementary point in law that the plaintiff could sue only through its officers. Thai was the legal position.

Mr. 11. Butler submitted that Davy’s position in relation to Baulf was always substantially different from that of the others. From first to last Davy was only a paid servant, first of Goodfcllow and secondly of the Democrat organisation when it was formed. He received a salary for his activities, and was not interested in the policy' the party had to propound. His relation to tlie party was very similar to that of Baulf, except that by virtue of Iris position lie had a seat on the executive.

The magistrate thanked counsel for the legal research they had contributed to the case, and said he would make Iris decision known later.