DOMINION ITEMS. REV. HOWARD ELLIOTT

Hokitika Guardian, 21 March 1927, Page 4

DOMINION ITEMS.

REV. HOWARD ELLIOTT

[nr TELEGRAPH—PER PRESS ASSOCIATION.] WIRELESS LICENSE. AUCKLAND, March 18. A case of importance to owners of wireless receiving sets, the first prosecution of its kind in Auckland, was heard in the Police Court before Air W. R. McKean, S.M., when Norman W. Smith (Mr Liixford!. was charged with establishing a set. in a place other than that prescribed by the terms of his license, and with offering a set for sale without possessing a license, for the purpose. It was stated hv a radio inspector ((hat the (lefeiuhml had a license to erect a receiving set at his home at Onehunga, hut he had gone to lluawai on holiday, taken it with him. and re-erected it there. \\ bile at Rauwai lie had demonstrated the apparatus to some people, and told them that the same linn which had supplied his set would provide (hem with an outfit. However, lie did not possess a saloman's license. When interviewed, lie admitted that the manager of the firm had offered him some remuneration if he could place any sets, and that he was told that if any trouble arose the firm's license would cover him. Air Luxford said the sales question affected the whole business of the distribution of wireless sets throughout the Dominion. The strict letter of the law apparently held any one guilty of an offence, who influenced a person to buy a set. Defendant had merely told people at Ruawai that the- agency was a good one, and could provide such a set as lie possessed. A technical offence, was therefore being committed by every radio dealer in the Dominion who made a point of telling purchasers to show their sets to their I fiends. E\en newspaper advertising, which found its wav into towns where the dealer was not licensed. would create an offence if the Act were interpreted strictly. Hut this was merely reducing it to a complete absurdity. The Magistrate said the section of the Act applied to people carrying on the business ol dealers without si license. 11. could hardly he suggested that every person employed behind a radio dealer's counter should he licensed. That was not the intention of the legislature. Defendant was not a dealer, and had merely demonstrated .his set.

“It is just a.s well for users of sets to know the provisions of the Act,” the .Magistrate added, in referring to the erection of sets in unauthorised places. “If sets are moved from one place to another without the sanction of the Department, the owners are liable to penalty. As this is the first prosecution 1 will not impose a penalty, hut it is essential for many reason's that the authorities should know the location of ail sets, and this drawing of attention to the provisions of the Act will. 1 hope, serve some useful purpose.” Defendant was convicted and ordered to pay costs on the first charge, the second charge being dismissed.

RIG PROPERTY DEAL. WELLINGTON. March 18. A business and property transaction in Lanibton Quay, involving approximately £IOO,OOO. in which the D EC., the Bristol Piano Company and \A • «■ • Liittlejoli nan cl Son are concerned, has lust been completed. The price paid bv the D.T.C. for the Bristol 1 lano Company's property is £45,000. and, based on the Lanibton Quay 1 outage, works out at about £IOOO a loot, the highest price vet paid for a Lanibton Qmiv frontage. The transaction gives the D I.C. an unbroken frontage t Lamb toil Quay betwen Johnson and Panama Streets. The price paid hy the Bristol Piano Company to Littlejohn is in the vicinity of £6*-.1-00. dairy control. HAMILTON, March 19. In a statement with retcreiiee to yesterday’s conference of dairy factory representatives at Hamilton, Mr Dynes Fulton, the Chairman of Directors of the New Zealand Dairy Coy., which was not invited to he represented at the meeting, said it was evident that the farmers would he able to assess the meeting at its true value The gathering was one dominated by personal consideration and by the proprietary interests, iu whose policy the producers had 110 direct voice. After eliminating the personal feeling, there was untiling left.

P LUMBER’S SUICIDE. CHRISTCHURCH, March 20. An inquest was held on Saturday morning, into the death of "William Badass, aged 58, a married man, who was found lying dead on the floor of the kitchen at ibis home, with a rubber tube from a gas jet in his mouth. The gas was turned on. The evidence was that Barlass had been depressed owing .to ill-health, which had necessitated his giving up his employment as a plumber. The Coroner (Mr Lawry S.M.) found that Barlass had committed suicide by gas poisoning while in a state of mental depression. CAR 'SOMERSAULTS. DUNEDIN 1 , March 20. A three-seater car, with three passengers wont over a steep bank on Mount Cargill yesterday afternoon. The car turned right side up, at tile "Hot of the bank. No one was seriously hurt. Mrs Martha Hunt, 47 years of age, was sent to the hospital suffering from severe bruises, hut the others escaped unhurt. HEAVY RAIN IN NORTH. AUCKLAND, March 19.

Heavy rain, to-day caused the postponement of all athletic sports. Rain also fell heavily at Paeron, and the second day’s racing of the Ohinemuri Jockey Club was postponed. Rain also delayed operations on the waterfront. FISHING STRIKE. .THAMES, Martffi 19. The latest developments in the Thames fishing strike are as follows: The three companies concerned have now offered the men twopence per lb for sdhnapper. In a letter the Companies stated that,- as the season was now advanced a month since the question arose, they were of the opinion that as the schnapper were getting scarcer, the price should lie raised in accordance with the Auckland prices. The companies expected a reply from the men before noon to-day, hut the men remained silent. The men’s silence is taken as an indication that the companies’ terms have been rejected. One company is advertising that it is now prepared to take fish at current rates on a system of profit-shar-ing. CABINET-MAKERS AWARD. WELLINGTON. March 19. The new award in port hern Wellington, Canterbury, Otago and Southland Industrial districts, fixing a 44 hour week with a minimum wage at 2s 3d an hour for journeymen, cabinet workers, casket" makers, upholsterers, .chair and frame makers, machinists, wood carvers. turners and polishers, and certain other workers, was filed to-day. Picture frame makers and wire mattress makers’ minimum is 2s Id and Is 2d, timber stackers Is lOd and Is 2d. female workers £2 2s to £2 7s a week.

SECRETARY RESIGNS. NAPIER. March 19. Following on an outspoken meeting of the Education Board yesterday, when a member said that the Board was a one-man affair, Mr W. L. Dunns, the Board’s Secretary, to-day handed his resignation to the Chairman. During the meeting the Mayor of Hastings, who is a member of the Board, said—“ This is the best exposition of a human gannet that I have seen.

LIBEL ACTION FAILS. WELLINGTON. March 18. “Your hip pocket, in which it is believed you carry on automatic revolver. No man is allowed to take the law into his own hands, and 110 man is justified in carrying ail automatic pistol on his persons. It is against the law. AYe ask in turn, sir, what sectarian influence, if any. is brought to hear enabling you to carry a pistol, which we refuse to believe.” The above passages appeared in an “Open Letter to the Rev Howard Elliott” in the issue of the “New Zealand Critic'" of November 9, 10-6. and were the grounds on which Air Elliott sought to recover £IOO damages from the Critic Newspaper Proprietary, Ltd. Reserved judgment in the case was by Mr Page, S.AI.. in the Court to-dav.

“Plaintiff' says the words and statements above-mentioned and the imputations contained therein are false and malicious, and were published without lawful justification or excuse,.” said the .Magistrate. “Counsel for the plaintiff, in opening, conceded that it was his client’s practice to carry a revolver, and counsel produced the weapon in Court-, a five-flmmhered thirty-two-boi'e revolver. Counsel also produced the certificate of registration and license to carry a firearm issued uiulei the Arms Act in 1921, and renewed from year to year to February IG. 1921Tile only evidence called oh behall of plaintiff was that of a gun expert. This witness deposed that the weapon produced was known in the trade, not as an automatic pistol, but as a revolver. At the close of plaintiff's case, counsel applied for a nonsuit. “The question is whether there is a case to answer. Counsel contends the newspaper article contains a statement of innuendo that plan till is guilty of a crime punishable by imprisonment, iu that he carries a firearm without being licensed so- to do, or that he entries a firearm of a type the carrying of which is absolutely prohibited by law.

“With regard to- the first, I do not think the article can fairly be interpreted as alleging that plaintiff carries a firearm without being the holder of a license. No part of the article in words makes such an allegation, and in respect of one ol the passages complained of. namely, that regarding sectarian influence, the only reasonable interpretation is that plaintiff lias obtained some permission or license enabling him to carry a firearm. “With regard to the second contention. counsel for plaintiff' conceded that if the article had alleged merely that he carried a revolver, then, as such siaLement is in fact true, it would not he actionable. I do not think that article real I v alleges or suggests anything more than this. It is true that under the Arms Act, 1920, it, is made an offence to he in possession ol an automatic pistol as defined in the Act. No power is given by the Act. for granting a license to carry such a pistol, though licenses or permits for the carrying ol other sorts of pistols may be granted. Counsel contends that the article states or implies that the type o! pistol carried by plaintiff is one absolute .v prohibited bv the Amis Act, but 1 do not think this contention of counsel is a reasonable interpretation of the article, nor do I think that it would be so understood by renders. Ibo inearm carried by plaintiff is a pistol or revolver, and is automatic 111 its action. T think the language used m describing the firearm which plaintiff admittedly carries is fair. “I find, therefore, that the statements or implications set out by plaintiff in his statement of claim arc in substance and in fact true, and that, therefore, plaintiff’s chum must lad. Judgment accordingly was gi'cn foi the defendant company with costs to scale. £5 12s.