MAGISTERIAL

Timaru Herald, Volume XIIIC, Issue 13738, 31 October 1908, Page 7

MAGISTERIAL

TlilAilU —FRIDAY, OCTOBER 30. 1908. Before Mr C. A. Wray, b'.M. DRINK.EXXESS. A first offender for drunkenness was THE SALE OF .NEWSPAPERS George Oboni. a local news vendor, was charged with having sold d««-s|». pets on the Timaru Railway Station platform contrary to the • railway by-laws. Defendant pleaded not guilty and was defended by -Mr S. U. Ravmond. Sergeant Bowman said ibe .cat* brought - under the railwav by-law* framvd under the Act of 1882, ilw defendant had been cautioned, but he still persisted in selling papers on the station platform. The matter was now brought b-fore the Court, to determine whether the defendant had a. right, to kII papers there while- P. » - Mutton and Co. were supposed to have the note- right to do to- The Sergeant called, . „ ... James Sjimth. &h«j|» a»«tsint i'-»r 1- yHutton and Co.. who .-aid that on fha 20th of this month he had t*eu tii--lendant_xelling papers on tlw railway pfatfofor. , , . T<»Mr Raymond: Could not say who defendant sold tlw; paper to. Tlie trar*action took place on the platform ww-' to the railway bookstall. IJ»: fondant v*|ftfned op tke papei* retctvetl by rail, on the platform : other m-w* vendors did not do feo. Defendant bad been »pokeii to about it repeatedly. Sergeant Bowman *aul the defendant told him that on the day in question lie had supplied a pa|«r to a customer ou th- station, but bad not taken any money for it. Witnc:*- told defendant that that vat wltin)?. in tlie Mine if t** •" delivering goods of any other desctipiion' wus selling. Mr Raymond said that would not be s«llinsf. Sergeant Bowman «aid defendant had right to open up hi-, papers and give th*ni to hi* eustotu-t> on the ptation platform. A. Graham, otationmaster. said he had cautioned defendant aga : nst disposing of papers on the- railway platform. He had repeatedly done this. Defendant had no richt to dispose of papers on the plat form, and none of the other newsvendoir,|ill it. He had wen defendant supply a. paper to i man thereby spoiling a rale to Hutton and C«., who had th*- sole right to dtsp«»e of papers on tin; platform. To his Worship: Witness had ordered defendant off the platform with hi- pa- |" T*. but htr still persisted in go ng on. This was lilt case for the prosecution. Mr Raymond said that the by-In* tinder which this ca*e wa-s brought. wamade as far back as 1882. and iie *ul> nutted that tlftr wa»> no power umiet thv.- Ait to make it. Another bylaw nnd'r the same Act had been sUaf>«-' trrlly attacked by the Supreme Court. Hi* by-law utuUr notice had l>em <.iie l-**ly drafted. in the case of Bti-eoe against the Minister of Public Work- o N.Z- Law Reports. 190 . Mi Justice Wd lunis when ilea lug at Dunedin with an other pari of the by law ■x'-imn 6. sub ■Miction 25 declar*«l it ultra ritt« "Hie learned judge held that ihi. By-lan w.iplainly luconsi-stent with the Ac.. whi.h indicated that :n the tiaming of the bylaws suftiei. Nt ei«te bad not l>«en t.ik»-n. 'J In? Act under which ihe by-law now be f«m- the four'- put ported to tie made. ga*e not a vcntig<e of jmwer ft> uiaUe it. th ic being jKinpr lit any of the oauee.. He .ti<> mined tuith-r. that distributing pajieis ••n the platform would not. be >i> i.rfen. e Hi. Wot.hip *aid tii.it it tii*- by law war, to I.- attacked it would only K* lair to give tlie Depai .m»u; n: •>]■ j-oituni'y "t defending; it. Mr ISaymoud -ai.l h- <i:<*!ir .i i n*>t <;• »:te to £o into .i lot of litigation. Me n.i. pteparvd to u**; .< j: i > iip*fril>ut«* piprrr. on pl.itfonn. .ml ilut wou'i piolMb'.v lore: di.- »i*m< f ?j— it^pnttueiit >«i teant Ifc.w uiiin '•>; i t*». . i». y '!>- prjwi. -t. H.> Wor-hip heii ■ .':-e Ire » i'lidr •» n *'ii lii.- tin • £ ■ : •'u.; :ha! th« Ini.inl *» sii t.o! n Open up »r d|.p"-e of .my ■•! in- ( •j-"- • ■:i fh» :ni. .u;>i ;ii. i • • sj; «• iui jdopt'-d lh- «iti!«--> Sini:!i j-k- i >i . n r p n«es. jn.f hj:« Woi.!,;p jilowcd lum 2t*i • inch -urn '-i.e :!• I' ti-i tii' d r• ■ i I" p.iv A llt»r>K ' MNDKMNI 1> W .1. Metier A S ain . .died o„ t,. -!.«» .at:..- why l.r .ho-,I i i--•icivl to pull down .i lioU'f i>him in H ink. r :i-ei. win- h f i«■ i »• u -i d- ntied by (N- H..-!th AuiW:' e- .-n-t t-rdeit-.i to 1..- it i._i ;:i- I'-.r M. ./onl.iii I ;:«:d Mr M..--. It,- .<• fen-im' Mr -u ti 1..- -h~ •- w .. 4,i)-iun>-1 he «1-f-11 i •!.- is 1.1 !:- ' • -m

plied with the rcquiieuicnts of the Council. and ha called. J. R. Smith, lnjpector of Niiis-iiiccs, who taid that he had in>pected the defendant'!! premises that morning. A good deal still required to be done, and he wuii not satktied with the condition of the place. To Mr Shaw : Th? yaid was cleared to a ccrta'n extent. He had not given notic-.- in writing 'specifically ttating what he required. Ho had told the defendant's counsel verbally, what he- wanted doing. What work was done had been done in a verv reluctant manner. It appeared to hiu. that it was a cave of a " try on " to see how little could be done. To hU Woiship: Witness thought, the whole hour*? should be pulled down. His Worsh'p said that in ;i manner he had been placed in lather a foolish position. First the Council asked for an order diiecting that the place chouid lie pulled down : tlien this, ««> Waived, and he had been biought into the ca>e against hit- will, by being asked to inspect the pteuiise*. Ceitain suggest ons for im provement were then made, the defendant, being given to understand that if he put these into effect there would be no fuiiher trouble-. He had, it ap[H-attd. carlied out these suggestions, bu: ihe in sjiector. wanted somi«»hing muie--how much more he could not tell. becaii-e nothing de-tinite had been given in wiit ing. and now an order war, asked foi. directing that the place should be pulled down. Mr Jordan sa d that the original le<jne«t for an order had never lie. ii waiv. by him. nor had he axked His Woislnp to inspect the place. It \va. Mr bhawwho *uggit,ted that. JSut he iMr Joi dan' had not objected to i:. becauv.- the Council was billing to meet the defendant in < veiy leasoiiable way ; it «•»> a ea»e of telujieting ihe wind to Uie shoin lamb. arnl the lenirncy which had Ikcii extclioed • o defendant iun now demanded by him a» a right. It was a piiy ilut hj, li,k| ever ii-.en given anv lat lmii. Mr Sh aw .übmilted that the t'oiui hid di.er-tionaiy poiter :u on!, r th- build ing to l»e "seeuied or pulled down. Mr -loi.i.m said that only appli-d to i ninon. buildings, and he ii.i;ct in.i.t on a-king for an older coinjellinj; ijetcinlaiii to pu'l down these pieiin—« within a reasonable time. 'I hey had a i i;ht to ark for such an older .<ud ;o get n. Hi. Worship .aid he could not si. li « way to grant the order. The tiotue to pull down, had sinee been sulmtanti.iliy waiveil. and considering that som- thing had been done and was still being iton.. he would not be justitied in making an older to pull the buildng down. 1 lit defendant should have done all in hi-" jmner to sat»-fy th>- iiis|hetoi and put the place in older, but alter "lint had passed, the Court would not Ih- ju.Utie.l in making ail oi<i*-r to pull ilmni/ ;tie building. Mr -lonian jnked 1.-av* t () ad.itti--. til--Couit. but Hi-, W'oi.hip said tii-ie m.i. n*i necessity to hear any luoie on ;ne suli •"V 1 - - : ln<*. viiut \\ or-h:p. 1 i.e ii'it ca~- w.i.s th* li .-ailed. \S- titidcistaiiil that in view of the tm |M>it.uiie of cairyiiiii out ilie dne'tious tlie Health D-partuienb in such car» •> as this, and al-o I,: la.Hilt.lining th-- ailtliotity of the Sanitniy Insjiectoi. 111 - Itoimigh -oJ|. !;■>;. >\ :11 adv (h.i; the • iliove ilei is ion lie ipp-aled again-!. ' TBI AXt V w. «... .1..-!--d «i-ii I ir: o -eii-i one ..f in- . ini.jieii n- .. iio.jl !• 1 olle »e-L (ti 'i.l.e. Tile tiitalit :li-(» ..'i'*: 'Mi I'. I t'ti.-t 1 Hi.til rv-il-i til'ts i.oy li », -' o! i. -.n i had only |.a.-e 1 . II 11.-I. ml ,nt sai l tii-- tio\ -e:ii t" I ii..o! i.- ly. and he ».'s ii..t that he did Inil. Hi- Woishtp ; oi! defeiidai!; tint f ».-» tint- !i>- to* ■ n 11101 r Ill'eie-t :n iit. .fill • hen. H- h-.-l been ti.i-d 1. f-r thi-otf-lK.'. and til-.-" I.llle ii ' would !> UT.-d K". IV'T ri. k 1 * * Oilll. >1 < - i."Mi. - -i! * i i^T ..t «. h t. Hiu ••• -I' i !' s 1...V to .1: K- Itvtowi. 'll- Wi«k en .n.j 11. tot..-;- i»" The itii.nit o[:i- ,-t -..id '.l l>--» •• <• ''i . all " il.l-l o|;il j. . j -■• ■ |||. , t!i„. -lh- boy-, T...he: i,,.| 1. -- ::ia' d< f" li.iaiit » I. !« to '■>: -lllin. . tlo: i ■1 n '1 i: II • i,-,. • ..- ' - - •: •! .11.1.11- II She -a IV ot* i.: • 1 : :- ! ■ 1.4 He w'....;.t m- -i •-

dreo live! on'y half a mile from the Kvrrrtown school, and tile teacher had a-l»ed him to take action. Tlie mother of ths children appeared, and sa : d Jhe had kept them away becau-c .-lie had been unwell lately. H's Worship impceed 3 tine of 2? ir> re-peet of each child, the mother promis in? that she Trotild send her children U' tihool regularly in future. IV Xdan tras charged with failing to -end to.jhe Kerrytown school lejrularlr. her girl aged 12j years, "lio had only pa-sed St. 11. Mrs Nolan said she had io keep the jrirl at home to help her as she could not rio all the 'work herself. Hi- Wois-hip said ihis was nonsense: and he warnrd defendant, but he would let her off with a fine of tlii- time, as it wa< a. tiryt offence. The punshinent in all the*- cuncs would be heavier for second offi-ntcs.