APPLICATION FOR CHANGE OF VENUE.

Dominion, Volume 1, Issue 207, 26 May 1908, Page 8

APPLICATION FOR CHANGE OF VENUE.

' AUCKLAND * CITY* . COUNCIL ~v. TR-AM- ;; ( . WAYS COMPANY. : . ' ' (BY, C9EEESPONDENT.) ~ Auckland, May 25. r •At the: Supreme Court on Saturday, before Mr. Justice Edwards, an application was made for a change of venue in-the case in which,the Auckland City Council is seek : *ing l to-recover 7 from*--the Tramways Company penalties iamouritirig to £700 for failure to prbVide'.a sufficient.niimber of cars to comply, with the';torms of: tho deed of delegation. Mr. J. 11. Hoed appsared for, the applicants, and Mr. T. Cotter-for the respondent Council:. ;•■» * Mr.; Reed said: that in the.present state' of 1 public feeling it 1 was not possible' to get a fair; trial; in; .Auckland, and that, therefore, it" was expedient in • the interests of justice that the' v case, should be heard at soma other centre,» j,The matter", he said, ■ was one of vital importance to the public, and it had already/ lieen 'discussed by the whole of the public) and any: body -of men; approaching ' the ' 'Question would unconsciously perhaps do, with a feeling of bias against . the-..Company. ; Thus,- whilst the Company considered: that it had a perfectly good* 'dofence.'io the .action, it did not think it. could* secjire . an/ impartial jury in Auckland,'. ''.. Hi's Honour observed' that there would .be a considerable ' iricbiiveriience in requiring witnesses,,td.',go..,t6,sWellingtqn. ' : Mr. ;E,ecd. said: that the question of justice' botw;eon'the parties'was the paramount- consideration, .The, matter had been-keenly discussed, through the newspapers,'as His, Honour probably aware... On the. occasion of the ■bctginnin'g .of ; . : tho present strike large crowds, of people .had assembled in the street and' men., ■ ~' - His'-,Hoiionr: .You don't suggest becauso a crowd- at-the-ibottoin, of, Queen Street cheered, the,men ion strike,that an Auckland jury is: not,, going to como ,to a just conclusion in respect'te. .the.; number'.of cars.?' t ;i,\ , .', Mr. Reed, repeated-,that the subject; malx action-had: formed "the subject of numerous newspaper; comments and, controversies, whilst ©very,'local body surrounding the city, and, the/rations branches of tho Liberal Labour.'Federation, had passed .resohitions:.condomning*.the: Company for not com-, plying with-tho deed of delegation. The members. of: these: bodies: represented the people from whom \thY. jury - would be drawn.! . His Honour said'that he was being'asked to do- something .tremendous, which 'would perhaps ..entail an.,additional oost in excess of.tho amount of.:the.claim..-.'He thought it would be*'simpler-to.-take the evidence at Auckland, * and** then ■ to, romove the case to "the Court of Appeal for. a decision. Mr. Reed said that this suggestion appealed to him-as a proper mothod of dealing with tho mattor.-but it came as a surpriso, and he would have to consult , his clients before he coiild 'acoept it. Mr. Gotitor said that His Honour's was ono of the points that ho had intended to submit. Ho had thought that, the, mere fact of ihsufficieint cars would have been admitted, but that possibly it would havo been- argued by Mr. Reed that if the total number of passengers travelling were'distributed over the whole of tho cars and . over the whole period of the day there would -be sufficient, and that tho Company: was-not bound to .'provide cars at special hours of .the day .to accommodate all tho peoplo then * waiting. That would havo b'een a fair'question for argument. Mr; Reed, -he added)' had:riot.applied;for a special jury. • '-** ■'■:*, ! - Mr. -Reed: Tho, fooling amongst persons forming, a'special .jury would be. precisely the same a-s that amongst people forming a common: jury. V / .His Honour .said that if Mr. Reed was not content' with such an unbiased Tribunal as tlio Court of Appeal it might happen that he would have to take what he could get' from; an Auckland jury. . The application was allowed to stand over till to-morrow morning. , , Judge Edwards had a tilt at the limited comfort' of" the' cars during the hearing. "I do not," .said His Honour, "do much travelling in the cars myself, as apart from tho question of sufficiency they are not very entiomg. -The..seats are so cramped, 'and, you come into closer -contact with,your, neighbours "thaii is comfortable, and then the conductor knocks off your hat as he passes." ..-' *- -'■ ■ : - " Your Honour ismot a footballer," facetiously observed-"Mr. Cotter amidst the laughter'that was occasioned'by the Judge's 'romarks.- 1 v