ATTACK ON CITY BY-LAWS

Press, Volume LXXI, Issue 21409, 27 February 1935, Page 12

ATTACK ON CITY BY-LAWS

LICENSING OF MOTORCABS MR C. S. TRILLO TO APPEAL Notice of appeal against the judgment of Mr Justice Johnston, who heard a motion in the Supreme Court on December 7 for the quashing of certain portions of By-law No. 19 of the Christchurch City Council dealing with the regulation and licensing of motor-cabs plying for hire or otherwise available for hire in the city has been given by the plaintiff, Charles Seymour Trillo, manager of the Gold Band Taxis. His Honour's finding was favourable to the plaintiff in only one respect and no order for the quashing of the by-law was made. Security for the appeal will be lodged this week, Mr Trillo told a reporter of "The Press" last evening. His action was taken on the legal advice of his counsel, Mr F. D. Sargent. The latter explained last evening that in the Supreme Court case the by-law was attacked on several grounds. One of these grounds was upheld, the Court holding that the council had no right to charge license fees on vehicles ''otherwise available for hire," and because he had succeeded in part of his claim the plaintiff was granted costs against the council. The appeal would be made on the grounds on which the plaintiff failed in the Supreme Court as well as on the ground on which he succeeded. One of these was based on the proposition that power to fix maximum and minimum fares for tlie use of motor-cabs was left to resolution of the council instead of being fixed by by-law. and that such delegation of power was ultra vires. Another was that the limitation of licenses to 150 was unreasonable and further that machinery for selection of grantees and elimination of licenses held in excess of that number was not set up, nor principles stated upon which grant or elimination would be made. The Judgment In giving his reserved judgment on December 18 Mr Justice Johnston said that the term "plying for hire" had lately been interpreted by the Court of Appeal, and it was not suggested that the distinction between cars plying for hire and those otherwise available for hire was not real and that the one included the other. "Appropriate amendments, therefore, to the by-law, so as to exclude motor-cabs otherwise available for hire from the provisions as to licence fees they are now subject to, will have to be made," his Honour continued. "Such amendment con be made under section 12 of the Bylaws Act, 1910, and counsel are at liberty to submit a memorandum as to whether this procedure is more convenient than an order quashing the substituted definition of motorcab.

"The second ground, that the council cannot substitute for provision by by-law fixing the maximum and minimum fares regulation by resolution of the council, depends upon the construction placed on subsection b of section 36V of the Municipal Corporations Act. It is said that such substitution amounts to an alteration or revocation of the bylaw and must be made with the same formality as a by-law itself. Proper Exercise of Power "In my view, the power taken by the council to substitute or alter (he schedule of maximurri and minimum fares from time tolime by resolution is good. Plaintiffs application on this grounnd is therefore dismissed. "The plaintiff's third ground, which in effect amounts to an allegation that paragraph 11 of by-law No. 19 is bad because machinery is not set up to determine by what means and for what reasons holders of licenses are to be granted or refused renewal, when the time comes for such renewal, is, I think, answered by defendant's counsel when he points out that time for the determination of these questions has not arrived, and that before it does do so appropriate machinery regulations will be adopted."