UNREASONABLE BY-LAW.

Wairarapa Daily Times, Volume 46, Issue 14200, 27 August 1920, Page 5

UNREASONABLE BY-LAW.

ATTACKED BY SOLICITORS. ARGUMENT IN MAGISTRATE’S COURT. SEVERAL CHARGES DISMISSED. John B. Joints, Hugh Hunt, George Hood and Archie Daniel 1 were charged at the Magistrate’s Court this morning with having driven their motor cars at a greater speed than six miles an Lour across street intersections in contravention of the Borough by-laws. Mr. Noble appeared for Johns, Hunt and Hood, and Mr Pragnell for Daniell. Counsel said they would admit the fact that their clients had travelled at more than six miles an hour, but they would plead not guilty and try to show that the by-law could not stand. Air. Noble said that a by-law which restricted the speed" at. which, a nijan could cross anv intersection in the borough of Masterton to six miles an Hour was harassing,'oppressive ■ and ridiculous. There were' 47 miles of streets in Masterton,- and to make the by-law apply to all intersections indiscriminately was absurd. Mr. Noble quoted law to show that any by-law to be valid must be reasonable, and the by-law in question was not reasonable. Air. Pragnell said that he relied upon previous court decisions that a bylaw which restricted speed to ;m unreasonable degree in every part of a Borough indiscriminately, was unreasonable, and therefore could not be valid.

His Worship said tlup in his opinion, if the by-law referred to Queen street, the road to the station, and oilier main streets, it would be reasonable, but there wove certain intersections in the outskirts of the town which were as safe to cross as country roads. There were intersections in back streets where a motorist could see there was no traffic, and no prudent man could, be expected to reduce his speed at these interesections to six miles an hour. ■Tlie by-law was too wide and sweeping and was unreasonable. All of the cases would be dismissed.