The Evening Star SATURDAY, FEBRUARY 13, 1875.

Evening Star, Issue 3737, 13 February 1875, Page 2

The Evening Star SATURDAY, FEBRUARY 13, 1875.

\\ E are not prepared to dispute the correctness of the decision arrived at by the MMMM MegiMralo in his d; lir.l tiD-i cl a footpath, ait-huthe ihet of the continuity of the asphalte or flagging and the kerhing being broken by a crossing specially adapted to wheeled vehicles, to our thinking refutes his theory and supports Mr Stout’s view of the case. But whether or not the opinion of the Resident Magistrate is critically correct so far as the meaning of the word “ footpath ” is concerned, there are other aspects much more important in which the question must ho regarded. The Magistrate considers the loading of a waggon drawn across a footpath u detrimental to foot passengers” and an /‘inconvenience to the public.” With all respect to our worthy Magistrate wo should be glad to be informed which would be the greatest inconvenience to the public ; the loading of waggons, involving the necessity for stepping a pace or two on one sale, or such an. increase of labor in consequence of waggons having to stand apart from warehouses as would amount to a Imavy tax upon the trade Oi the City I More narrowly examined, we hold the decision to amount to a virtual breach of contract between the inhabitants of the. City and the merchants who have built warehouses with crossings conveniently arranged for loading and unloading waggons. Had that convenience been refused them, in all probability they would have chosen another site— probably Tort Chalmers—or at any rate some street not likely to be traversed by exquisites who prefer polished boots to healthy indnstiy, anil who are, thcretoie, the only persons likely to complain of obstructions to the footpath ”

through arrangements for economically conducting trade. In all trading cities these annoyances to sensitive footpassengers must occur. It is a pity they cannot traverse the streets in pony carriages or donkey gigu They arc evidently not lit ted for the ordinary mode of pedeslrianising; and if they were transi'enod to thy horse and carriage trade 1 lies - would suffer no inconvenience themselves, hut only claim the right to inconvenience others occasionally, when they wished to disembark to do their shopping, or gathered a crowd round them while discoursing with their conveyances drawn up with one wheel in the gutter. The case of Mr Mackerras seems to us one of that class in which the decision of the Magistrate must act as a restraint on trade. His premises are situated in a street devoted to wholesale transactions. It is not, like Princes street, a public highway. It may be fairly conceded that tiio main road through a City is exceptional. That is a public highway, not suitable for wholesale trade, and consequently the class of merchandise sold in the shops on the line of street is light and easily handled. Small parcels are passed from hand to hand without annoyance to passers-by : and ■ dthough no express agreement was entered into on the subject between the ■ aty population and the owners of -hops, the sites are too valuable for wholesale traders to invest in them, uul the few breaks in the line of footpaths intimate that the shops are built on the understanding that what■ver trade is clone, those footpaths ■-'ball be kept clear. The character of :!m street fixes the style of business, uul, moreover, it was formed for a ; -peoial purpose before the buildings w; re (‘reeled. How, although the limits ff the street in which Mr Mackerras's warehouse is si in a ter] were, marked out oefore he built it, the purpose to which it was to be devoted was also fixed ; the allotments were sold with the express understanding that they were to be used for warehouse construction suitiblc to wholesale trade, and to facilitate this such breaks in the footpath were allowed as were necessary to facilitate loading and unloading heavy packages in the most economical manner. It is impossible that trade can be conducted without this classification of streets. It takes place in every commercial town, and what would be rightly considered an unwarrantable interference with the privileges of foot-passengers in one class of streets is only a necessary convenience to merchants in another. To apply the same iron rule to all is a clear absurdity. There are crossings in Princes street, but they were not intended for teams to stand on during the process of loading; they are merely to afford access to the rear of business premises. For a wheeled vehicle to stand on one of thorn would be clearly obstructing the footpath ; but the crossings at Mr Mackerras’s and o'ulu.r wareiiouscs are as clearly permitted to allow of the economical transaction of business and the purpose for which they were to be used was known when leave to make them was granted. They are not mere rights-of-way to the rear of thebuildings, but crossings up to the warehouse doors. No American waggon drawn by six or eight horses could possibly be dragged in and out of a mere right-of-way ; and if every heavy package has to lie transferred across the footpath in its passage between the warehouse and the waggon, not only would the cost of labor be (uadrnpk'd, but the danger to footp issengers would be increased, the inerruption would not be lessened, and the duration of it would be extended. I f crossings for loading arc disallowed, the implied agreement between tho merchant and tho community is broken. Ho will be robbed to the extent of the extra labor involved in carrying oti his business, and trade will bo fettered by a j.surd regulations known in no great commercial city. Tho decision would suit the West End of London, but would be as ridiculous as impracticable in regard to tho West India Docks. It is a decision that dearly cannot be acted upon. Our every effort as a community is toward multiplying facilities for commerce at immense outlay of money ; but Mr Bathgate’s decision throws difficulties in our way that in. the end would prove far more annoying to tho public than dirtying the boots of some well dressed dandy.