SUNDAY PETROL

Evening Star, Issue 19663, 16 September 1927, Page 6

SUNDAY PETROL

BOWSES PROPRIETORS IN COURT IMPORTANT TEST ACTION John Morrison M'Langhlin, James Crawford, and Harold Jolm Crawford were charged at the City Police Court this morning with having sold petrol in full view of the public on Sunday, August 28 last. Mr J. B. Collar appeared for defendants, who pleaded nob guilty. The case was in the nature of a test action as to whether a petrol-filling station came , within tho definition of a garage. The defendants are proprietors of the petrol station iu Princes street, opposite tho Oval, known as the Everedi Service Station. According to Sub-inspector Fahey, who prosecuted, Constable Taylor, accompanied by another constable, purchased 4gal of petrol from defendants. The police remained near the station for half an hour, and during that time forty-one motor cars and nine motor cycles drew alongside the station, mostly for petrol, but two of them required repairs. He submitted that the station was not a garage, as no provision was made for bowsers under the Act. Ho also contended that they were not providing an absolute necessity In any case, there were plenty of garages where petrol could be purchased on Sundays. A good number of complaints bad been received about Sunday trading. The Magistrate (Mr H. W. Bundle, S.M.): From an ethical point of view, what is tho difference between a petrol station and a garage selling petrol on Sundays ? Mr Callan: We say it is a garage, and that it supplies a necessity. For the defence a lengthy written statement was put in by one of the defendants, James Crawford, who pointed out that, besides selling petrol and oil, repairs of various descriptions were carried out. Alfred Edward Ansell (president of the South Island Motor Union and of tho Otago Motor Club)_ submitted the following statement, which was rend to the court:—“Both tho South Island Union and the Otago Motor Club have deputed mo to give evidence m this prosecution. I. am familiar with the Everedi Service Station, Princes street south, and the union and I personally consider it essential that such premises as those of the Everedi Service Station be kept open on Sunday for the supply of petrol and other emergency jobs. If they are compelled to dose it would put serious difficulties in the way of Sunday motoring. A great deal ot motoring is done on Sunday throughout New Zealand. A large percentage ol the Dunedin motor cars are used on Sunday. Petrol pumps have now; become the recognised way of distributing petrol throughout New Zealand, and most motorists now fill from such pumps, and do not buy their petrol by the case. Such pumps are scattered all over the country, and in sparselypopulated districts are in charge of storekeepers or, in some cases, private householders. The petrol is sold from the pumps at a cheaper rate. It is a method that avoids waste and leakage. The Government regulations put obstacles in the way ot keeping supplies. Moreover, filling from the pumps enables motorists to buy in smaller quantities, which suits many motorists. According to tho habits that most motorists have now formed, facilities to fill from pumps require to be available on every day of the week. “Moreover, there are many circumstances that may make it _ impossible to avoid being caught in urgent need of petrol. I instance persons travelling long distances whose cars consume in one day more petrol than it is possible or convenient to carry, persons arriving late on Saturday from a long distance and proposing to use their cars on the Sunday, doctors, and others suddenly and unexpectedly called upon to travel by motor car on Sunday, and not having sufficient petrol, motor cyclists who can never carry sufficient petrol for a full day’s run, persons who have mot with some accident that has led to the loss or uselessness of their petrol. The Everedi service station makes provision also for dealing with the innumerable small emergency troubles which can arise and must be dealt with if a car is to bo used. There is no doubt whatever in my mind that if business of tho class carried on at the Everedi service station is not permitted on Sunday serious difficulty and inconvenience will be caused to motorists, who will not bo able to use their cars freely and confidently on Sundays. People are going to be diffident about going out in their cars if they know that there will be no place open to supply petrol, oil, air, or any small attention they may need. This is particularly true of tyre attention.” Mr Callan said that it was not until 1924 that motor garages were granted specific exemption. Livery stable proprietors had been exempt lor a great many years, but the Legislature, recognising the changing habits of the people, had included motor garages as well. It was difficult to got a satisfactory definition of a motor garage or the dictionaries in the Supremo Court law library did not even include tho word, but he had “tracked down ” its meaning, and found that it was a French word meaning a dock in a canal. The 1927 Webster defined it as a place lor leaving motor cars and, Funk, Wagnail’s dictionary stated that it was *’ a place for stabling or .sheltering motor cars.” He contended that tho word had gradually acquired a wider meaning than tho one on the definition lie had quoted, and should include any place where work was done on a motor car. According to the prosecution, it would seem that if tho defendants did more work on their premises on a Sunday they would not have rendered themselves liable for prosecution, counsel instancing the fact that several big garages were open on Sundays. He believed that the common sense view of the matter did. not conflict with the law.

After Mr Callan bad quoted lengthily from authorities, His Worship intimater that his present view was that there was no offence.

The Sub-inspector asked whether it would bo possible to describe a bowser on the highway that was worked by a storekeeper a garage? The Magistrate said ho was hardly called upon to deal with that matter, but after the sub-inspector had stressed the fact that tho police were anxious for a ruling, His Worship said lie would also consider that matter.

Mr Callan said ho recognised tho difficulty, but ho submitted that even a single bowser was a necessity.

The Magistrate reserved his deer sion.