G.O.C. Buses v. Council Trams.

Sun (Auckland), Volume 1, Issue 89, 6 July 1927, Page 13

G.O.C. Buses v. Council Trams.

ruRCHASE OF PLANT SUPREME COURT ACTION | That the company was carrying or , a bus service in substantial competition with the tramways was j the contention expressed yesterday by counsel for the Mount Eden ' Motor Omnibus Company, Ltd., which is seeking to enforce the taking over of its vehicles and j plant engaged in the Avondale, New Lynn, and Glen Eden runs (known as the G.O.C. buses), by the Auckland City Council. His Honour Mr. Justice Herdman j presided, and with him were associated ! the Hon. E. W. Alison, assessor for the company, and Mr. G. »R. Hutchinson, assessor for the City Council. Mr. V. R< Meredith and Mr. J. Armstead appeared for the plaintiff company, and Mr. A. H. Johnstone and Mr. J- Stanton for the City Council. Evidence to show that there was substantial competition between buses and trams until the introduction of the motor-bus regulations was called by Mr. Meredith. PRACTICALLY EMPTY “Prior to the introduction of the penal fare there was keen competition,” said Earldon Hook, a driver in the employ of the company since 1926 He said that since then the buses had been running practically empty. Similar evidence was also given by other drivers, one estimating that he now carried only 30 per cent of his previous loads. Mr. Johnstone contended that a great deal of the evidence given was quite irrelevant. Pie considered that the company should have to prove conclusively that it was carrying on a bus service in substantial competition with the trams. His Honour: What is substantial competition? How are we to make up our minds what it means? Mr Johnstone: To be in substantial competition, it is necessary for the bus company to interfere seriously with the workin of the tramway system. The clear object of the statute, he contended, was to prevent undue competition, which tended to prevent the economic working of the tramways. That was the case on the Onehunga, Dominion Road, and Mount Eden routes, where the buses were a j menace to the tram services. His Honour: Surely not a menace to the system? There are buses all over the country which have not come into conflict with the trams. Counsel contended that the legislation was directed to put an end to a most undesirable state of affairs, namely, the pirating of passengers. His Honour: There are two opinions about it being undesirable. It is not relevant to this question, in any case. That is a matter of.politics rather than law. When the hearing was resumed this morning evidence for the defence was called by the corporation. Charles Edward Fowke, assistant traffic manager in the employ of the Kailway Department, submitted figures taken out regarding the sale of tickets at suburban stations since 1921. He said that as far back at 1925 the returns had dropped as a result of the motor-bus competition. GREY LYNN COMPETITION To Mr. Meredith : The advent of concrete roads would result in the increased use of private motor-cars. That would affect the returns slightly. Alfred Edwin Ford, manager of the corporation tramways, said that he had had 25 years’ experience of tramways. He said that when the bus competition commenced the buses ran practically only on the tram routes. In most cases, he said, the bus operators eventually went out of business or merged into other concerns. There were also a number of bus services running to the outlying areas. In‘most cases they were still running. Those services did not pick up passengers on the tram routes. That was a wise arrangement of their own, it being found that frequent stoppages and acceleration considerably increased running expenses. -On the Grey Lynn route the operations of the buses did not cause them the same anxiety as on other routes. There the competition was not so keen. “AN UNDISCIPLINED LOT” To Mr. Meredith: There was by no means the same competition on the Giey Lynn routes as there was on other routes. There was very little, racing between stops indulged in. As a matter of fact he issued definite instructions to his men not to race. Mr. Meredith: Well, what about those bus witnesses who swore that there was racing on that route? Witness: I would say that they were an undisciplined lot of men who were prepared to support their contention. I consider that they were exaggerating the position. (Proceeding.)