A “ROTTEN”BY-LAW.

Star (Christchurch), Issue 19847, 16 January 1920, Page 5

A “ROTTEN”BY-LAW.

INFORMATION ALTERED. :

hen William Hardin was «.-harge>.t at the .Magistrate’s Court this morning n itli having cro-sod. a railway line when the hue was not clear, _A.fr I l '. W’. Johnston, who was appearing for him. pointed.out that by-law ?,S of-the Now Railway by-laws, under which defendant- was charged, had been held to ho ultra tuts. ■ , ■ ;

“This by-law has been hold to be illtra vires by the highest court in the land. ' said Mr Johnston. .And yet the Railway Department has had the audacity to re-insert it amongst its bylaws. ’■

The Magistrate (.Mr Y. G. Dry) said he could alter the information to bring the charge under the Railway .Act. Mr Johnston said,he would not object to hia client being'convicted under'the Act, but he aid object In him beinw convicted under a‘‘ rotten by-law/ ” The evidence for the police showed that defendant had crossed the lino within ten yards of a shunting engine. Had the engine ' been travelling fast, or had ;t been an »;rdinnrv train, a senous accident would probably have oecuiTod. Defendant eovdd not- seo the?, engine approaching because of a signal box, hut the crossing keener was out with ns flag. Further, the, keeper signalled to defendant to stop. ■- The information was altered to bring Uic charge under the Act and deleijc.ant was fined 10s and costs.