WHAT’S NEXT

Wanganui Chronicle, Volume LXXXIII, Issue 20110, 31 March 1928, Page 8

WHAT’S NEXT

AN AUCTIONEER’S RIGHTS SALE OF RADIO.GOODS WITHOUT LICENSE. £ Per Press Association. ] AUCKLAND, March 30. Can a licensed auctioneer sell radio goods without a radio dealer’s license. This question was asked at the Police Court, when the Post and Telegraph Department prosecuted John Herd Amsel 1, an auctioneer, on a charge of selling radio sets without a radio dealer's license. The formal evidence was given that defendant had sold sets, which had been placed in his auction mart by an assignee on behalf of a radio dealer, who had assigned his estate. Air Hubble, for P- & T. Department, said an auctioneer could not sell even one radio set, if it was in the way of his business, unless he held a radio dealer ’s license. If an auctioneer trespasser! upon the preserves of a radio dealer, who paid for his license, then he must be prepared to pay for one also.” Ninety per cent, of the radio dealer’s license fee, which was £lO per annum, went to the Radio Broadcasting Coy. of New Zealand said Air Hubble.

“It is a great surprise to me to learn that.” said the Magistrate. Air R. W. McCann.

Air Findlay submitted the sale of radio sets by the defendant was isolated and could not in any sense be construed as in his way of business.

Air Hubble: The radio dealer had no license. The assignee had none and neither did Air Ansell.

Afr Findlay: That does not matter. The sale was merely an accidental result of the dealer handing over his estate to the auctioneer. A man < mid sell his set to another man without re-

striction. The real test of sale vas whether it was in the way of his business. As defined by P. and T. regulations under which the present charge was made that was not so in this e-.se.

Air Hubble then pointed out that an auctioneer could not sell poison unless he had a license to do so. In much the same way an auctioneer could not. sell radio sets without a radio dealer’s license.

“That leads to a ridiculous position,” said the Alagistrate. “Suppose L want an auctioneer to sell my household furniture. 1 cannot give him my radio set to sell as well? I suppose there are few things that an auctioneer can still sell.

Air Hubble: I thought the object of the Act was to get at those who made a business of selling radio rets ami not an auctioneer, who might sell only one.

Air Hubble quoted several decisions in support of his contentions. So did Mr Finlay.

Air AlcKeen: Well, it seems to me a ridiculous state of affairs. To my mind this is a trivial matter and I would not give it any consideration, if it was not one for decision concerning the Wellington case that has been quoted to me. The Alagistrate reserved his decis ion.