THE Southland Times PUBLISHED EVERY MORNING. Luceo Non Uro. TUESDAY, 18th DECEMBER, 1900. Topical Notes

Southland Times, Issue 14816, 18 December 1900, Page 2

THE Southland Times PUBLISHED EVERY MORNING. Luceo Non Uro. TUESDAY, 18th DECEMBER, 1900. Topical Notes

One of the ditlieukies that Xew Zealand mutton has had to contend N.Z. mutton with in the London marl.v ket.s lias been the practice London. of dishonest tradesmen of selling mutton from other countries under the description "New Zealand mul ton." A case was recently before the Knglish courts, which is of interest to exporters of frozen mutton, both as giving an instance of attempted imposition and as showing how far a mcai-sciler may mislead hip customers without bringing himself into conllict with the laws of F.ngland. We have gathered the facts from papers sent from the Agent-lk'neral's otlice in London. The parties to the case were Henry Chas. Cameron and Albert K. Wiggins, a vendor of meat, carrying on business in Blackpool. On Ib'th March last Cameron went to Wiggins's shop at Blackpool and produced a printed handbill, headed Cantoibury Meat Stores. It stated, " Wiggins and Co. beg to inform the inhabitantsof the North Shore district that they are selling the very beat = chilled beef and pork, and Canterbury (New Zealand) lamb of the very best qualities at the following low prices." Tlio only one material to the case was " legn of mutton, .)d and oid per lb.' ; Several exactly similar handbills were in the .shop. Cameron, showing him the handbill, said, "I understand you are selling New Zealand mutton. 1 am desirous of procuring a leg of mutton. My wife objects to River Plate meat, and I want New Zealand mutton. Do you supply it?' Wiggins said, "1 do : Cameron said, " Have you a fresh leg you can supply me with, and one that will keep over the end of the week '! " Wiggins replied, " I had one in this morning. It is perfectly fresh, and produced one weighing 7U>. Cameron said, " Please give me an invoice for it." WijrginshaiHl-d liiman invoice with the words "71b lug of mutton, r^d."' Cameron said, "Yon have charged me 5Ad. I see you have two charges, «">d and sid."' Wiggins replied, " .Sometimes at the end of the week I have River Plate meat in and 1 charge fid for that and «">^d for New Zealand legs.' Cameron said, " Then I understand this is New Zealand mutton :" to which Wiggins replied " Yea. ' Cameron then .said, "Mo you mind marking ou the invoice that this is New Zealand meat so that I can show my wife I have bought New Zealand mutton at f).\d, and have not been supplied with the ."id moat at a higher price." The butcher then wrote upon the invoice the letters "N. M." This "was the case that was brought before the justices. It was contended forCameron that the letters "N.M," constituted a trade description of the mutton sold, declaring it be New Zealand mutton : and that as the mutton was not New Zealand mutton a falso trade- description had been given within the mean ing of the Merchandise Marks Act. For Wiggins il was contended that the oral statements made did not constitute a false trade description within the meaning of the Act, and that the letters " N.M." being put upon the invoice at Cameron's request, no fraud was intended or committed, and therefore no offence was committed. The said letters did not constitute a trade description within the meaning of the Act by reason that it was not established that, according to the custom of the trade, they were commonly taken to be an indication of the place or country m which the mutton was produced. The .Justices found (I) that llie mutton was not New Zealand mutton ; and (2) that the letters "N.M.' 1 were written by Wiggins with intent to indicate to Cameron that the mutton sold to him was New Zealand mutton. But they were of opinion that the letters " N.M." did not constitute a trade description since it had not been established that such letters were commonly taken to be an indication of the placß or country in which the mutton was produced. The Justices therefore dismissed the case. Cameron appealed against their decision before a Divisional Court of Queen's Bench and his lawyer referred in the course of his argument to the decision of the Justices that the letters " N.M." did not constitute a trade description. Counsel thought the Magistrates had been misled by supposing that a portion of the definition in the Act of a false trade description was the whole definition instead of an additional definition. The definition was : " The expression ' trade description 1 means any description, statement, or other indication direct or indirect as to the number, quantity, measure, gauge, or weight of any goods, or as to the place or country in which the goods were made or produced." The additional definition was : " And the use of any figure, word or mark, which according to the custom of the trade, is commonly taken to be an indication of any of the" above matters, shall be deemed to be a trade, description." That last part was an addition— an alternative—to the earlier part of the section. ' The Justices had read it as if these latter words governed the whole definition, and in fact tho Justices had said the thing could not be a trade description unless, according to the custom of the trade, it was commonly taken to be an indication of any of the above matters. Whereas what the section said was any indication direct or indirect, as to the place in which tho goods were produced. Counsel further argued that trade descriptions, were .surely covered by the use ol initials. Suppose lie had written " New Z. mutton," could it be doubted that that was a description or an indication that it was New Zealand mutton ? The giving of an invoice with the goods constituted an application of a false " trade description. It was not necessary that there should be a physical application of the mark to the goods. The question \vtin whether the letters meant in this particular case New Zealand mutton. The Justices found thai the man who wrote the letters meant New Zealand mutton, and that he meant to warrant to the puix-haser that it was New Zealand mutton. Surely that was sufficient to constitute at least an indication if not a description of the place or country in which they were produced. If in fact the letters were intended to mean and conveyed the meaning New Zealand mutton, he submitted it was equally ;u description as. if they had been written in full, and it must be clear that the Justices had looked at this latter part of the section as if il governed the whole, whereas he submitted that these latter won Is in the section were clearly intended to cover the ease, not of an abbreviation of the actual words, but to cover 1 Incase of some symbol or figure or word which without explanation would not mean anything of ihe kind. In giving judgment Mr Justice Lawrence baid : The question arose and was discussed before the magistrates as to whether putting " N.M." on the; invoice came under the Act, or whether having put a " figure, word or mark ' it was necessary to show it was a mark according to the custom of the trade or country which afforded an indication of «,ny uf the above matters. He (Mr Justice Lawrence) came to the conclusion that there was no doubt tt fraud had been practised upon tho purchaser, as the mutton was nol New Zealand mutton as tho letters indicated ' that it was. The mistake the magistrates ! 3wm to have made— rwferriug wive wore to

section 3of the Merchandise Marks Act — j was that the}' seem to have thought that ■ all matters contained in the section must be subject to its being a "figure, word or mark " according to the ciiKtom of the trade. The magistrates also, according to their own showing, made another mistake in hearing and determining the case without requiring the respondent to give evidence. They could not nay that the magistrates ought to have convicted the respondent without hearing the easo that he was prepared to put forward, but if the facts remained as they were put before the magistrates, they were of opinion that there ought to have been a conviction. The appeal would therefore be allowed, a, id the case would go back to the magistrates. Mr .Justice Lawrence is further reported to have said : "If there had only been a verbal representation that it was Xew Zealand mutton when it was not, there would have been no oHoiu-e under the Act. 1 ' When the ease again ramo before the magistrates Wiggins was ennvietrd and lined, but the cabfe"— which appeared in our issue of •27th ult.— did not Lave the amount. The facts of this case ' ra d to tho conclusion that it will not be easy to devise and enforce a method l>v which dishonest traffic will be prevented. ' If the judge has been correctly reported the meat seller is able to go any length in verbal misrepresentations with impunity, find, with but little cunning, he evidently might »-v;-..U- tl><: ln.w of •• f^l HO trade descriptions." Th'-to can be little doubt but that mutton from oilier places is being sold under the guise of "best New Zealand." The motive for the deception is not far to seek. The vendor can buy the frozen mutton from other oov.ntrie9 cheaper than that from New Zealand, and by selling il as New Zealand mutton he can get a higher price than if lie dcscribi-fl it truthfully. By this practice, therefore, the sellers' profits arc increased and in the great majority of eases, no doubt, the customer is none the wi.or. But this kind of imposition must 1" slopi'ed, not only if the reputation of New Zealand mutton is to liv preserved but also for the sake of the exporters in this country, The case of Cameron v. Wiggins will make tlic Uindon salesmen who will descend to unscrupulous dealings more careful ill the Use of written assertions, but it may also make him bolder in the use of verbal statements. What is wanted seems to be a vigorous course of instruction for the London public. They should be informed as widely as possible that they may be, and often are, deceived, and they should be persuaded to insist upon seeing a New Zealand stamp upon every pieceof meat which is sold to them a.n " Xew Zealand.' 1 This has been the aim of private companies and of the Government for many years past and some ground must have been gained, but that impudent deception is still common is proved by the case which we have summarised. That steps arc being taken to defeat this deception will be seen when it is mentioned that Mr H. C. Cameron is the Government Produce Commissioner in London. Mr Cameron is evidently engaged in running to earth those who are misusing the good name of New Zealand mutton. In tho present case ho has pushed his prosecution to a conviction and, probably by next mail, we shall hear with interest the punishment imposed by the Magistrates. The case has been widely reported in London, and Mr Cameron's vigorous action loading to the wide publication of the facts revealed should be of great assistance in fighting one of the most elusive dilliculties which the New Zealand frozen mutton trade has to overcome. At il liiwtillg of tlic I'Mucution Hoard o f Wellington the other day TllK HATIoNAI.K a subject was discussed ok which, while it may or school Hot.i- may not have special hays application in Southland, is yet of sufficient importance and general interest to warrant a note. We refer to unauthorised school holidays. Tho Wellington telegram reported that while some teachers in that district worked conscientiously and kept their schools open up to the day on which the holidays properly began, others closed them a week before the proper time. Mr Hogg, M.H.R., .said " it was time the Board put its foot down ontho dosing of schools on the most frivolous! pretexts, which was demoralising to the scholars and repugnant to the teachers/ With this opinion wx> heartily agree. We do Hot know what instances Mr Hogg hud before his mind when speaking, but wo have seen schools dosed for half a day for reasons, which, in our opinion, were quite inadequate. We have no sympathy with those who deprecate holidays and who would cut the children's vacation down a few weeks. On theV'ontrai'V we would advocate regular and long holidays if it should ever be necessary to do so. In this colony, however, the system of education does not lay a burden upon the children that they are unable to bear without injury. The father and mother of a child none" too robust may safely entrust him to the New Zealand public school, and he will get both learning and health, if the teachers arc wise in school and the parents out of it. The schools have just closed for six or seven weeks all over the land. Those six or seven weeks of midsummer are given for a specific purpose. They are intended to give the young scholars an opportunity for rest and recuperation, and the condition of tho pupil mental and physical during the next year of school depends largely upon the use to which the opportunity is put. Parents, in fact, have to determine, just now whether their sons and daughters shall gain tho strength and vitality which are indispensable to success ill tho battle of life, or whether they Bhall be pushed down among the ineffectual weaklings. We beg leave to put in a plea for the children. Send them away to the country, to the hills, to the sea, anywhere away from the city and the town. Health, strength, dignity, wisdom— all the graces of body and mind are found in the wide spaces of the earth and the sea ; and when the mind is young and impressionable the ivHucnces of hills and lakes and sea and sky stamp themselves upon it inedaceably, although the process may be unconscious. No! we would never shorten the children's holidays. But we do object to tho interruption of the school year by holidays cut out of it promiscuously on trivial grounds. Tho visit of a Minister, or the happening of some local event, should never be raised to a position of importance, higher than that which the continuity of school work holds. Nothing should be allowed to interfere with the lesson that work to he of any worth must be persistent and strenuous ; must be as certain and regular as the stroke of a steam -engine's piston rod. It is no exaggeration to say that the whole future of the average child will depend upon the degreem which this lesson has possessed his mind. And when tho child observes that the order of school work is broken frequently and needlessly, he must lose sight of the iron rigour of discipline. The precision of school hours should lie relentless, and the length of school weeks invariable. When school is over then let the child with an equal completeness turn to sport and amusement. It is the in terforencc with Bchool hours that is mischievous, and we are heat lily in agreement with Mr Hogg when he says that the closing of schools ou frivoloui pretexts is demoralising to the scholars. There are, of course, events of such magnitude, which confer such blessings, that half-holidays, or whole holidays, are with propriety given in order that the schools may hold festival with the rest of the people. Some such events have occurred within the past few months, and svith the holidays granted to mark them we find no fault. Censure is deserved only when tho magnitude aud the blessing are wanting. It ia when the event is of such a kind that the giving of a holiday is an inexcusable breach of school discipline that fault lies, and where there is fault there should be reprimand and punishment. The resolution of the Wellington Board might very well be taken notice of by other Boards who find similar cause. The telegram informed us that "itwa* decided to send a circular to committees and teachers informing them that the schools must not be closed so frequently, and drawing attention to the rule with regard to reductions in salaries for unauthorised holidays*.. ! '