TRAMWAY BY-LAWS.

Auckland Star, Volume XXXVIII, Issue 197, 19 August 1907, Page 5

TRAMWAY BY-LAWS.

WHAT MAKES A SEAT? A number of well-known citizens were proceeded against at the Police Court this morning (before Mr. C. C. Kettle, S.M), for committing offences against by-law No. 16 of the Auckland Tramways Company, prohibiting the carriage of more than the number of passengers for which any car is licensed, by refusing to leave certain fully occupied cara when, requested to do so by the conductors. The proceedings were instituted by the Auckland Electric Tramways Union of Workers, Mr. A. Rosser, the secretary, appearing as prosecutor. Mr. S. Mays conducted for the prosecution. The first case was against James Jamieson, Mr. Prendergast appearing for the defendant.

Mr. Mays said that the facts, he believed, were not disputed, the defendants disputing the power of the Company to impose fines. In the case of Mr. Jamieson, it appeared that he boarded the 5.25 p.m. Kingsland car at the end of the penny section, the car being full at the time, and he refused to leave it

The conductor of car No. 57 said that the defendant Jamieson boarded the car, which was full, at the top of Khyber Pass, and being unable to find a seat, took up his position on the edge of a -seat,--with his legs across the 'passage.Witness heard the motorman ask all the surplus passengers to leave the car, and everyone save defendant obeyed. Witness also asked him to leave the car, and upon a refusal requested his name.

Mr. Prendergast: How did you ask him? Can you give mc the precise words?— Yes, I saiw "This car is full, sir, will you kindly leave? " He refused to do so, and when I demanded his name, he gave mc his card. The incident delayed 'the car between 3 and 4 minutes. But that was nothing. Five minutes is often occupied in inducing people to leave the cars.

How long have you been in the company's service?— About four years.

And how long have these by-laws been enforced?— Three or four weeks.

Mi. Kettle: So you say that all the by-laws have been allowed to go by the board previously ? —Yes.

Mt. Prendergast: The fact is, sir, these by-laws, which are practically unknown to the public at large, are merely being enforced for certain purposes.

Mr. Kettle: I have nothing to do with that. By-laws, we know, very often are allowed to lapse; but that is not to say they may not be enforced. The charge, however, comes under the Police Offences Act, which says distinctly that no vehicle shall carry more than its licensed number of passengers. This is apart from-any by-law of the Company. And in any case, so long as these bylaws exist, whether they be good or bad, which is not here for consideration, they must be enforced. The very fact that the motormen and conductors have not been enforcing them in the past made the men themselves liable to penalties.

Charles Henry Stitchbury, motorman of car No. 57, substantially corroborated the evidence of his conductor. Evidence was also given by two passengers that defendant remained in the car after the motorman and conductor had warned all standing passengers to leave the car.

James Jamieson, ex-City Councillor, and a justice of the peace, stated that after boarding the car in question and sitting on the rail of a seat occupied by two little girls, the motorman called out, " No standing on these cars," witness replied jocularly, " Very well, sit down." And then the conductor came along and said, "No standing on these cars," to which he returned, " I am sitting." The conductor said no more, but went along to the driver and said, " I have got a test case at last." A dozen words did not pass between witness and the conductor altogether. He appeared to be so excited and pleased at getting a test case that he forgot what to say altogether. Had he told witness to get off he would have done so at once.

Mr. Kettle: Will you swear that?— I will.

Did you know that they were clearing the cars? —Of course, I had read about it, but I understood that so long as I was not obstructing the alley way I was right. I only had one foot in the alley way, and that was not obstructing the passage.

Mr. Mays: Do you mean to say that after being a City Councillor, justice of the peace, and so on, you do not know the by-laws?—l do. How many people trouble to acquaint themselves with the by-laws?

Do you know any by-laws at all?—I might know one, perhaps.

At this stage an adjournment was made till to-morrow morning to convenience counsel engaged in the case.

Mr. C. MacMahon, the well-known theatrical manager, was a passenger by the Rarawa yesterday en route to Christchurch,