The Municipal Abattoirs

Southland Times, Issue 19228, 15 December 1903, Page 4

The Municipal Abattoirs

THE COUNCIL, v. THE MEAT 00. At the Magistrate's Court yesterday, before Mr S. E. McCarthy, S.M., the cases arising out of tho recent controversy between the Town Council, tho Southland Frozen Meat and Produce Export Co, and Southland Meat Co. won, called on. Tho information took tho form of charges laid by W. Young (town clerk) against B. G-. Thompson (managei of the Don street shop) charging' Rim writh-(l) Unlawfully selling . to . ™ n "JI? llennio certain meat which had been slaughtered elsewhere than in a registered abattoir, there being a registered nbattoir then available ; (2) and unlawfully exposing for sale certain moat which had been slaughtered elsewhero than at a registered abattoir, contrary to tho Slaughtering and Inspection Act Of 1900. Mr T. M. M.\cdonaW appeared for tho plaintifT (Mr Young), and Mr Stout for the defendant. Mr Macdonald gave a short statement of the facts, which were that Mr Kennie, borough inspector, aud Mr H. S. S. Kyle, abattoir inspector, went to tho chop in Don street, which was kopt by Mr Thompson, and bore tho name of tho Southland Meat Supply Co., purchased a Joint of mutton and inspected tho moat In the shop. The meat did not lx:ar tho «tamp of the Invercargill municipal 'AhtiU toirs according to law, but bore tho utuinp of tho Southland Frozen Meat Co. Tho absence of the municipal stamp was priina facie evidence that tho moat was tiot killed at the municipal abattoirs. Mr Stout remarked that tno stomp was that of tho Government inspector, Mr Kerrigan, who was stationed at tho works. Mr Macdonald said tUat it was enough to satisfy the Courc that tho meat was not slaughtered at the municipal abattoir. He argued that there was only ono registered abattoir available, which is now in charge of Mr Kyle, and at which all the meat sold in Invercargill should be slaughtered. Unless Mr Stout could Bring his client within section 27 of the Act. U. S. S. Kyle, inspector of the municipal abattoir, produced the certiflcato ;■ of its registration. It was tho only rogistered abattoir for tho Borough of luvercargill. On the 25th November, in company with Mr Ronnie, he witnessed tho purchase of meat nt the Don street phop ; tho ment bore the stamp oi tho Government inspector, nnd had been Slaughtered at the Southland Vrozen Meat Co.'s works.— To Mr Stout :' Tho brand whs not similar to tho ono which witness used, but was in accordance with tho regulations. Apart from tho fact that the meat was not killed at tho abattoir, it wap in accordance with regu? lations. Had interviewed Mr Cochrano, the company's secretary, with a view of receiving fees and returns for stock slaughtered. Saw Mr McQueen, the manager, about this, some time in April, at tho request of tho then Mayor, Mi 0. S. Longuet. Witness asked for a weekly return instead of a monthly one. Did not think he asked for a written letter from the company ; did not remember showing it to the. Mayor or the Abattoir Committee. Tho returns (which showed tho quantity of meat supplied by the Southland Frozen Meat Co. to the Moat Co., from) 2nd May to 81st October) were sent direct to witne*a every week.— To Mr Macdonald : Had not forwarded any returns to the town clerk since 81st October. Witness had received returns since then, up to tho 28th November, but witness had not entered them. William Ronnie, borough inspoctor, ulso gave evidence of tho purchase of meat uot bearing the municipal stamp. Mr Macdonald then closed his case, subject to calling rebutting evidence if necessary. For tho defence, Mr Stout drew the Magistrate's attention to the Act, viewed from what its objects and purposes were stated to be in the title. It was an Act to regulate the slaughtering and inspection of stock for home consumption and export, and the first and main object was to protect the community. As one of the moans for attaining this end, municipal Abattoirs aro compulsorily started in all towns with a population of over 2000. But it was also found that the Act, recognising the existence at that date of rights of meat export companies' slaughterhouses, these rights were reserved by the Act. Among these companies was the Southland Frozen Meat Co., and he intended to rely on section '27 of tho Act in defence of their position. The Act recognised tho necessity for tho companies to maintain their abattoirs, nnd the provisions of the Act naving regard to the prevention of the consumption of diseased moat, applied equally to their abattoir and to registered abattoirs. He read section 27 of the Act, and contended that tho priviso attached was for the purposes ol securing revenue to the local authority in respect of meat slaughtered for consumption in the colony. The Act required that tho fees were to he the ordinary abattoir fees as a minimum, and if the local authority was not satisfied with this they could come to another arrangement with the controlling body o! the meat export company for a higher Bcale ; in the event of a disagreement, an appeal could be made to the Minister. The agreement referred only to fees; and was not a condition precedent to tho exerciso of the rights granted by section 27 of the Act. The Act never ton tempi at ed that the vested rights of companies which were in existence before the passing of tho Act should bo discontinued by tho obstinacy or caprice of a town council because they would not come -to an agreement — it would be absurd to put that construction upon it. For instance': it was well known that the Frozen Meat Co. dealt in "rejects"— a name which did not imply meat of inferior quality. The rejects might be too light or too heavy for export, or might have been bruised in the yard, and thus put out .of the Homo market. How could the company deal with these, if they were at tno iacrcy of tho Corporation in tho matter of an agreement. It was OjUite clear that the Act did not, restrict the sales of meat by tho license, and ho submitted that there was power to sell wholesale to someone in a position to retail it. The facts showed a liberal and complete compliance with the provisions of tho Act. On tho completion ol tho arrangement between the Frozen Meat. Co. and tho Borough Council, arrangements wore made by the Frozen Meat Co. and tho Meat Co. for the supply of meat, and several hundreds of pounds were spent by the latter company in machinery and appliances. Mr Macdonald objected to Mr Stout froing into matters which took placo beoro 31sti October, but the Magistrate held that, it was relevant ut this time, as it mjght bo contended that tho agreement was irrevocable. Mr Stout, continuing, read the corr6spond*ao6 which paysed botvvuan tho Town Council and Mr McQueen as chaii--lnan of the Southland Frozen Meat Co. VVliile he contended that no agreement was necessary to enable the company to sell as described in section 27, if an agreement was necessary there was the agreement made in April. He did not rely on tho verbal agreement, but on the acceptance by the Council of the fees and returns. In consequence of the agreement, considerable expenditure was necessary, and as this was don* practically with the knowledge of the Council, it would bo inequitable to allow tho Corporation to turn round against the company after accopting fees and. returns. The agreement was irrevocable, and the Council, by acquiescence in tho payment of fees, had confirmed it. John McQueen, chairman of the Southland Frozen Meat Co., gave evidence in support of counsel's statement, detailing the interviews with tho ex-Mayor, Town Clerk. and Mr Kyle, and the ultimato establishment of the shop in Don street. Ho had objected to statements made in the Council, and reported in tho papere, that the Inspector, Mr Kerrigan, was frequently away at Mat aura, and that in his absence the company's otticials put through any animals they liked. Mr Kerrigan did not go to Mataura; he visited Winton, but in his absence a substitute acted.— To Mr Macdonald : When Kerrigan was away there was si legally appointed substitute in his place, approved by the Government. Tho company had not employed a canvasser for orders, the Council yavo them a cheap m^ ertisement by discussing tho question in the Council, with tho result that the Co. was embarrassed with orders. The Southland Meat Co. had two partners, Messrs Thompson and Harris, who wero the sole owners of tho shop. Witness had no connection with it, except there was an agreement to supply tho meat,. He had publicly repudiated the statement that it was connected with the Frozen Meat Co., but finding that people looked on the denial with incredulity, he had discontinued denying it. Looked upon tho agreement as made with the Mayor, not the Town Clerk.— Mr Macdouald reserved further cross-ex-amination until the ugreement could be produced. J ohn Kerrigan, Inspector at the J unction Works, gave- evidence that he had two assistants, who acted in his abisence by, inspecting and stamping carcases; they referred air doubtful carcases to witness. Mr Carswell was assistant at present. No meat could go out without being approved by witness or his deputy. Tho brand put on tho meat for local consumption waa supplied from Wellington. in tho busy season witness was never away from tho works but after that tho assistant was there' with instructions to appeal to Mr Kvle \i required for advice. Further evidence was givon by Messrs Oochrane, Longuet, Thompson and Young. Mr. Macdonald, addressing tho Court on the law, said that whether or not the Southland Frozen Meat Co. had the legal right to sell meat in Invercargill, it did not avail the defendant, as the proviso of section 27 applied only to licensees of export slaughterhouses. It was thus perfectly immaterial and irrelevant that the Frozen Meat Co. should prove thiit thoy had a. right to Sell to Thompson, lho Frozen Meat Co., in stipulat- +«£« W N th Th «nPson that sales should toko place at Wallacetown, were obviously protecting themselves against tho determination of the agreement with the Council, and the stipulation was framed with the possibility of the time arriving when the Frozen Meat Co. would not have tho right to sell in luvercar-rill He submitted that bofore the company could sell in Invercargiii tho fees must be paid; that payment was a condition precedent to the sale of tho meat. Under the proviso of see. 27 there mus* bo nrst an agreement with the local ou.toorlty, an d next tlwo must be pay-

ment of tho fees. Ho also submitted that if a contract was entered into it was revocable ; that it was absurd that it should last for ever. The contract, if it existed, had been terminated by resolution of the Council, and if there had been a breach of contract, lot the company sue for damages. He submitted ttiat there was n,o contract except the one Implied by tho acceptance of the foes from tho company, which placed tho company on tho same terms as the town butchers. Mr Stout having replied, the Magistrate reserved his decision.