ORDER DISOBEYED

Timaru Herald, Volume CXLI, Issue 20335, 6 February 1936, Page 8

ORDER DISOBEYED

COURT UPHOLDS OFFICER By Telegraph—Press Association WANGANUI, February 5. An interesting point was raised at the Magistrate’s Court this morning when, as a sequel to the meeting addressed by the Rt. Hon. G. W. Forbes in the Regent Theatre on Novemoer 12, two business men were charged with falling to comply with a direction ol the officer authorised by the superintendent of the fire brigade and refusing to leave a passage way. The building was overcrowded and when requested by a constable the defendants refused to do so, and those who had already been removed crowded back again. Mr N. R. Brain, for the defence, contended that under Section 72 of the Fire Brigades Act, the constable was not an officer authorised by the superintendent and it was doubtful whether the word “officer” could even Include ordinary members of the fire brigade The Act was badly drawn and on tbs present case, which was a test, would rest whether an amendment would le necessary. In giving his decision in favour of the Fire Board, the Magistrate said it would create an anomaly if the fire s-’perlntendent had authority over a police constable in time of fire, yet no authority in anticipation of a fire in order to prevent possible loss of life. Accordingly he would adopt the popular meaning of the world. The defendants were fined 10/- each with costs.