PLATED SALT CELLARS

Dominion, Volume 10, Issue 3009, 21 February 1917, Page 9

PLATED SALT CELLARS

ALLEGED FALSE DESCRIPTION

CASE AGAINST A DEALER

Bcforo Mr. L. G. Reid, S.M., in th< Magistrate's Court yesterday, Victoi Edgar Segal was charged with applying a. falso trade description of goods, ix wit, "sterling silver plato salts," anc selling thorn. There wero other similaj charges. Tlio case was partly heard 01 February 2. Mr. Meredith, of the Crown La\i Office, 'appeared for tho prosecution and Mr. 0. C. Mazongarb representee tho defendant. _ Continuing evidence for tho prosecu, ■' tion, Mr. Meredith called Willian Crawford Young, a member of tho firtr of 6. and T. Young, jewellers, d: Lambton Quay. Witness stated tha' the description "sterling silver plate' attached to tho salt cellar was not cor rect. Tho article was electro-plate. Thi term "sterling silver plate" referrec only to articles of solid silver. Solic silver goods contained 92} per cent, o: silver and 1\ per cent, of copper. Th< correct description of the salt cellai would be "E.P.N.S." electroplate oi nickel silver. _ Nickel silver was a com ' position of zinc," nickel, and copper No one with any experience of tho trad< could mistake the article for what ii was. Ij; was marked "E.P.N.5.," anc furthermoro the cut on tho edgo disclosed the fact that it is not made oi pure silver. Tho term "sterling silvei plate" was never applied to electro plated goods. In cross-examination witness statec that ho was a member of tho Wellington Jewellers' Association, and thf matter now before the Court was discussed by tho association, and it wai resolved to take action. Tho defendant was not a member of the association If a retailer asked a wholesaler for sail cellars in plate, the latter would knou that sterling silver was not wanted', Silver-plate with the hyphen would b< a correct description of electroplate but tho words separately wore not a true description. The public do no! judge entirely by tho, price, but_ relict to somo extent on the description, Electroplate was a base metal such a; nickel or Britannia metal placed in ar electric. bath and gilded with silvei or gold or other metal. The world-wide acceptance of tho term electroplate wa« silver-plate. The word "sterling" ir tho description qualified the_ nieta. silver and not the whole article. _ -A solid silver brooch woudi bo of sterling silver and solid throughout. M. G. Carr, of Mandel and Carr. Ltd., and Percy Denton, manager foi . Littlejohn and Son, also gavo evidence. For tho defence, Mr. Mazcngarb said the prosecution was ostensibly in the public interest, but tho only section oi the public that had complained was the Wellington Jewellers' Association, which made the purchases (the. subject of tho charges) in order that they might complain. Why this solicitude on the part of tho association for an uncomplaining public? Whatever the motive might be, the association was to be congratulated on having enlisted the services of the Crown, thus imparting dignity into what was really an ebullition of trade jealousy. Tho onus was on A the Crown to prove that the, words on tho ticket were a false description within the moaning of Section 83. The market prico of an article was very often relied on to determine tho 'material of which it was composed. There was no evidenco that tho words charged wero exclusively referable to the material of which the goods were composed. It was incumbent on the Crown to show that a trade description which referred to tho material of which tho article was composed and not to the mode of .manufacture. Victor Edgar Segal, the defendant, gave evidenco that owing to his want of knowledge of the English language he was not conversant with tho difference between "plated," "electroplated," and similar trade expressions. He was a Russian. He could Tead English a iittle, and could only write Ins name. . , ~ In reply to the Magistrate, he said he understood that "E.P." meant electro-silver plate. ... Witness, continuing, said that he had no intention of deceiving the public by the descripiions of the articles sold in his shop. His business had been seriously affected by tho present proceedings. .Had no been warned; by anyone that his descriptions of his goods were incorrect and misleading, he would havo been delighted to alter them and mako them correct. . In cross-examination witness stated that he left Russia 27' years a£o, and' resided it Newcastle-on-Tyno until about five years ago, when ho came to New Zealand. Ho couldonly account for tho inaccurate description on the goods to.his indifferent knowledge of English. ii l Several other witnesses wero called, and the case did not conclude until 0.00 p.m., when tho Magistrate stated that tho case had been interrupted and ho would therefore go through the evidence and give judgment on Friday, when ho would hear the remaining cases if necessary.