PATENT SCALES.

Press, Volume LV, Issue 16432, 28 January 1919, Page 3

PATENT SCALES.

INTEXTIOX3 AS TO LEGISLATION

MINISTER GIVES EVIDENCE IX

CIVIL CASE

A c;is* in w'licli the Hon. G. W. Russell hail been subpoenaed to gi r e ■ evidence was heard before Mr S. EMcCarthy, S.Ji. Tho parties were Georg? "William Bousehe, of V.'eiliugton, merchant, trading under the stylo of the •'Micrometer"Scales Co.,"' and J. H._ Blncltwell of Kaiapoi. storekeeper, defendant. The claim was for £o9 Ss for goods alleged to have lx>?n bargained for and eold. Mr Alpers appeared for plaintiff, and Mr Flesher for doi'endant. On entering the witness box. Mr Russoll said_ he had meant, no discourtesy to the Court, when not responding to Ins sul>po?na previously. liis failure to respond had bnen unavoidablo. u itnesn stated that as Minister of Its-. Affairs the administration of the >\ eights and Mer.snres Act came under his control. Shortly after he re 1 -timed ! oflice in 1915, the Department brought under his notico the very defective con. dition of the law regarding weights nnd measures, the Act being "of practically nil obsolete character. It was dotermined that at tho first opportunity legislation should b<< brought down to l>nng cur Act intc line with tho English Act. Owing to war conditions it hfid been impossible to get the legislation through. In 1917 the Micrometer Scales were brought before him by the Department. A sample was brought for bis inspection; ho cnrefully examined it, and came to the conclusion that it had ono fatal weakness, namely, that the linger of tho goods could not see tho register of tho weight. The matter was discussed between himself, the Department, and iho law advisers of tho Crown. It was then found that as tho latv- stood tho Government could not vefuso to register any machine which weighed .accurately. Quostions arising, out of its construction, the possibility li' its varying, and other matters wero not provided, for in the Ihtr, although, they were provided for under the English Act, he believed by regulation. Tlio Department reported to him that they desired a decision in coniiexion with tho Micrometer Scales, and wuit thero was no power to prcvont its being sold in New Zealand, and if it 'tvas intended to jDrevenfc tne machine being sold in Now Zealand, legislation was required. He therefore gave instructions to the Department to have legislation prepared under wtiicli machines of this class, or any otbor class, could be prevented from being used ia New Zealsind, and that the. owners of the Micrometer Scales wero to bo iniomed accordingly. That was in August, 1917.

To M»* Aipers: Tho legislation ho contemplated was largely on the lines of the English. Act. Ho denied that his action had been prompted by tho British Trado Commissioner. Ho was not prepared to make any statement regarding the action of New South. Wales, in tho matter. He refused to (lJscuas tho report of a committee ol : origlneers', as hp claimed it was confidential. For this reason he declined to produce the roport, and also for the reason that the aspects upon vhich the report was based did not affect the position taken by tho Department in Connexion with the matter.

Mr Alpor.s said his client was prepared to stand or fall on the roport. Witness said that though one gentleman might be an authority on bridges, and another on hydro-electrio power, it did not necessarily mean that they wore-authorities on a delicate class of machinery. x On the advice of t!ie Crown Law officers ho was un>blo 14 produce, tho report; No doubt if Mr 4lpors.put Mr E. Parry; Government, lydroreloctric engineer, in the'box, ho .would give cyidenco nv to, whether ho •had- inade ,a' statement to Bousche or ■not. ;,v : ''' :• ''1 .■" -\ : -.v

v' To Mif * Ffoeh'®'V Tfio' Oovern m orit wore legally obliged to stamp the machine, • but-they, refused to issuo a certificate 1 or to encourago in any way the use .of tho machine. Mr Bousche applied to the Under-Secretary for a certificate,' and an application'came'to witness from, tho American Consul-general.

.Arising: out of an application for costs on Mr Russell's behalf for his attendance, the Minister informed Mr Aipers that he was. prepared, if granted costs, to hand them ovor to the Red Cross.

Mr Aipers said lie proposed, when tho case came on on Thursday, to apply for a fuithfer adjournment, m order to call Mr Parry as a witness.