AKAROA BY-LAWS.

Star (Christchurch), Issue 12194, 18 December 1917, Page 5

AKAROA BY-LAWS.

SUNSET LIMIT FOR MOTOR DRIVING. APPEAL BY COUNTY COUNCIL. St the Supreme Court to-day. an appeal was heard by his Honor Mr Justice Dennision, in the case of tho Akaroa County Council v. Alt rod Read, in. which the defendant had been fharged with driving one of his motor cars between Hill Top and Akaroa after sunset, on March 3. At the hearing on July 9, Mr Wyveru Wilson, S.M., had dismissed the information, holding that the by-law was invalid in 1 hat it unduly hindered the public in tho use of the highway. Against this decision the County Council appealed to-day, Mr Raymond. K.C., with him Mr J. H. "Williams, appearing for the appellant, and Mr Hunt for the respondent. Mr Raymond said that the prohibition of motoring between sunset and sunrise had been in force since May, J9lO. The council had power to regulate the use of vehicles of any description where there was danger to the public but the Minister had vetoing power at any moment, on representations by the public. Petitions for and against the by-law had been submitted to the council. His Honor n-skod whether there had been any accidents. "No," said Mr Raymond, " because there were no cars travelling at night." Mr Hunt replied, that for the last s x months the oars had been using the roads continuously at night, and no accidents had happened. Mr Raymond was proceeding to quote certain petitions in favour of the by-law. when Mr Hunt remarked that several persons who had signed did not wish their feignatares to he there. His Honor remarked that nothing was easier than to obtain signatures •from persons wtose tastes or pockets were not affected.. Had any motor-car proprietors signed the petition? "Not one, said Mr Hunt, who added that the by-law was killing Akaroa. , . . " What effect does it have on visitors," asked Ha Honor. "When does it allow them to get away. Would they have to stav overnight?" Mr Hunt said that neither doctor nor nurse conk? leave Akaroa at night. Mr Raynond replied that, assuming there war a right to prohibit traffic on any Dad, that road was closed to doctors afld nurses. In tin course of further discussion Mr Raymond said that driving was permitted on Wednesday nights because it was the Addington market day. His Honor remarked that in olden days narket night was tho very night fin' vhich it would have been risky to dive. He hoped and trusted, however thai Akaroa folk -were above rejirojch. j\V Raymond replied that a man who badto drive his own car would have to keo a clear head. ' I- liunt added that Wednesday was ih» very night when thero might be dnn;er. Ar Raymond, in describing the hilly 7in ; ire of the road, said that it was o''' .since 1910 that public motor vdcle-s were used on the roads. A fc\< private owners had cars, but they dnre in the day time. i ' Then who does the by-law proRaid his Honor. 'lnhabitants of the country, wayfi'ers on the road, drivers and horseren," said Mr Ravmond, wh,o added fmt- the question of reasonableness was iki of fact. His Honor said that on the same argument the main road might he closed between Thinedin and Tiutaru. As for the opening ,of the road on Wednesday night, it seemed to be assumed V tho council that somebody was goivr t 0 ,|)o killed or injured, and on whole it seemed to be agreed that Wednesday was' the night when it HK'iild be done. Mr Raymond said that tho public were warned not to travel on Wednesday night. •' Then Wednesday night is an open ••eison for wayfarers," said his Honor. " Tt amounts to this, that human life nob sacred on Wednesdav nights. Tii" nuhlie meeting decided ' to risk it' ; £ " Wednesday nights." j 111- Raymond proceeded to discuss j -ho Magistrate's judgment, laying j -e-s on" the fact that there was a | d-< rigor of glaring headlights. He j Mioted authorities regarding the power j te make by-laws. i Mr ' Hunt; in ren>lv. that that tlv> ' r-iM'-.tion of unreasonableness, was one of fact., and could be iuseertainod only by yvi'i + ion to .the surrounding facts, indudiog tho nature and condition of the, l-'oalitv: the evil, danger or inconvenience to b 0 remedied; and •whether or not miblic or private rights vore unnecessarily and unjustly invaded. In tho present case the public rights were invaded, and it -was not. o~lv the res-dents of Akaroa that were I affected. The' restriction, in winter j • ime, opened tho road for only eight, : to motor-ears and motor-cycles. ( His Honor remarked that it was pos- | i to drive a coach and four horses- j Mr Hunt said that all the roads were j closed, even in broad daylight, before I Minr'so. and after sunset. Some of the i roads had absolutely no traffic arid no residents. Wh-rn 'the by-law was fir t mrnln there were horse coaches on the road, hut they had been run off by motors. Wednesday had bo?n thrown -is a sop to motor drivers, although Wednesday was the night of the heaviest traffic. Th*>' public ears ran rHit through to Christchurch, hut thev al'o met the trains, and one train leaving Christchurch at 5.45 p.m. got. to Little River at 7 p.m., and t-'jcre the pa sengers had to slop. TJ IC County Cmv'oiJ hud disregarded the legislation of Akaroa Borough and Waire\~a (xntutv Council, which had made no restriot;on on night driving. Tho by-law had been in abeyance for six mouths, and no accidents had occurred'. Mr Hunt added that in finding that there was no commensurate Rendu from the. by-law the magistrate had found that there was no danger, and this was a question of fact, beyond which the Court could not go. - Judgment was reserved.