SOLDIERS' BEDS

Dominion, Volume 10, Issue 2913, 27 October 1916, Page 6

SOLDIERS' BEDS

ALLEGED BREACH OF CONTRACT

CASE IN COURT

SHORT-WEIGHT MATTRESSES

Another very interesting case under the War Regulations Act was heard in Wellington yesterday, when the Scoullar Company, Ltd., was chargod with a breach of its contract to supply mattresses for. troopships. Tho case occupied the whole day, and at tho conclusion of the hearing judgment was reserved. Mr. L. G. Reid, S.M., was on the Bench. Mr. P. S. Macassey, of the Crown Law Office, prosecutcd, and Mr. T. S. Weston defended. The Case for the Crown. Opening the case for the Crown, Mr. Macassey said that tho information was laid under Regulation 12 of the War Regulations, dated November 15, 1915, mauo pursuant to the War Regulations Act, 1914'. ■ The regulation provided:— "No person shall wilfully break any contract made with the Crown in respect or for the purposos of the present war."

Section 4 of tho War Regulations Act provided for a penalty of £100 for breach of the regulations. Tho facts of the case, Mr. Macassey declared, were: —"On December 22, 1915, the defendant company entered into a contract with the Minister of Munitions on behalf of the Crown for the supply of matresses and pillows for tho troops at ss. per pair—that is, mattress andjiillow. Delivery was to bo taken at tiio Defence Stores,' Wellington, at the rate of 1500 per month. The specifications and conditions o£ contract provided that the mattresses wero to be hessian covcrs, weighing 18oz. flaxfilled, 6 feet 6 inches by 2 feet 2 inches, weight 181b.; pillows, hessian covers, 180/.., flax filled, 2 feet 2 inches by 1 foot 4 inches, weight 31b. Deliveries wero niado under tho contract from time to time, a.nd on August 24, 1916, Dr. Purely and two otlier members of tho Inquiry Board examined some of, tho matresses in tho No. 3 shed at tho wharf, and found tho average weight to be about 1411b., aud that more than half of those examined wero filled in a disgraceful manner with sour flax, rope-onds, and dust-sweepings ot£ tho floor, which rendered them insanitary and unfit for tho purposes of tho troops. Mr. Weston: Are you calling Dr. Purdy?

Mr. Macassey: I will if you waut mo to.

Mr. Weston: 1 don't think this is fair unless you are calling liim. Mr. Macassey: I will call it in the cvideiico of other witnesses.

Mr. Macasscy-continued: "Further oxtonslvo examinations were made of the mattresses from August 30 to September 7, with the following results: — A. total of 2220 mattresses wero examined. Only 162 wero passed as being up to tlie standard prescribed by the specifications. One .thousand eight hundred and thirty-nino wero under weight, and averaged just over 151b. Two hundred ami nineteen wero retained and labelled as containing rope-ends and and other foreign substances. Calculated on tho basis of 181b. per mattress, the equivalent number of mattresses delivered is 1899, that is to say, a shortago of no [ewor than 321* mattresses. lam speaking, of course, only of the mattresses that wero left., in tho wharf shed. What tho weight or condition of tho mattresses wore which havo been dolivorcd and used I cannot say, but tho total number delivered under this contract was 10,500. 1 understand that the cost of Has is from ljd. to 2(1. per lb., and a 151b. mattress would save Scoullar and Company 4Jd. to 6d. per- mattress, or a saving of, roughly, £50 on tho 6-hort-wcight If tlw mattresses previously supplied under this contract are similarly shortwoighted, then 'a fairly substantial sum has been saved to tho company.

"Now, I desiro to make a comparison between tho mattresses supplied by tho Dunedin people, whoso price was the same as that of tho Scoullar Company." Mr. Weston: Is that fair? Wo don't disput'o that a number of the mattresses wero undor-weight, but wo say tho management was not responsible. We, unfortunately, have to admit that a considerable number of mattresses undor-weight havo boon delivered. But tho thing is: Was it dono wilfully, and did tho management know?

No imputation Against the Directors.

3fr. Macassey: The question the Court is asked to decide is whether this aroso through carelessness or through fraud. 1 propose to show tho way other people supplied_ them. The mattresses supplied by Bing, Harris, and Company averaged |18ilbs., the lightest being 18£lbs., while ono or tivo weighed 191bs. Tho stuffing was of bright, clean, awl of even quality. Each mattress had sixteen buttons or tabs to hold the contents in position. The buttons wero made of strong, durable material. Of the pillows, only one weighed 31bs., others being overweight. On the other hand, Scoullar's mattresses averaged a little over 151b5., liad only 11 buttons, and in some, cases contained rubbish and sweepings. In regard to Scoullar Company's pillows supplied, 139 were examined. The contents generally wero good, and, with some exceptions, tho pillows were correct in weight and dimensions.

"I desire to point out tliat there can bo 110 suggestion that tlii directors of the Scoullar Company, who are leading' men in this town, had any knowledge or suspicion that fclio contract was not being strictly performed. I desire to say, also, that the directors of the company and Mr. "Weston, counsel for the company, have been _ remarkably frank and open in connection with the obtaining of statements of the facts, but the Minister decided'that the ments of facts raised a very suspicion of fraud, as to justify the institutions of these proceedings, so that tile witnesses could be examined on oath before a Court, ■ and so that the company could satisfy the Court, if it <:ould, that the breach of contract was due merely to detective supervision, and was not wilful. Legal Aspcct and a Difficult Position. "I now desire to address a few words to the Court in regard to the legal aspect of the case. In this case a company is being prosecuted for an offence. It is-undoubted law that a company can be convicted of an offence and lined. Where directors havo exprossly authorised tTfe doing of an act which amounts to an offence, the company is undoubtedly liable, but where the acts relied upon have been committed 'ay a servant, then it is sufficient to show that they were done under the instructions or ivith the knowledge of the representative of the company, that is, the manager who exercises supervision and carries out tlio various matters relating to this contract. Then the company must be convicted.