WHAT IS A COW ?
LEARNED JUDGE’S QUERY. “When is a cow not a cow?” and “What is a cow?” were questions ,asked by Mr Justice Blair, and argued in the Supreme Court, Auckland. The question cropped up during a case in which the carrying capacity of a farm near Clevcdon was in dispute. “We know that the Government cow is an animal that produces milk and creates and produces a calf within twelve months,” said his Honour. “ But even if a cow is not giving milk I suppose it is still a cow. Of course a farmer would refer to a cow not giving milk as ‘dry stock’. Of course I don’t know very much about cows.
Air West, counsel for plaintiff, said his Honour should not he too modest on that point.
The judge asked what would he the consequence if his own private view that a cow not giving milk was not a cow.
Mr West pointed out that a witness had said a cow was meant to mean a cow giving milk. His Honour said it would be agreed that a calf would not be considered a cow in point of feeding. The related question of carrying capacity was next discussed. W bat was “carrying”? asked his Honour. Did it include feeding cows in stalls? Jn the Wairarapa, for instance, farmers talked of carrying capacity as meaning the ability to eke out the supply of food. There would be a certain amount for hay, but no attempt was made at top-dressing. On the other hand, Waikato farmers all top-dressed Therefore it seemed that carrying eapicity had a different meaning in various districts. Hid not' the advertisement claim that by the use 'of fertiliser a farmer could double the capacity of his property. Mr West argued that “ carrying ” capacity must mean the capacity of a farm under reasonable farming conditions. Of course, if a mftn went in for intensive farming his place might carry more. High-class farming meant that a tremendous amount ol money must be spent on manures, ft would be false by implication if a man held out that a place could carry a certain number of cows in ordinary circumstances when be bad worn the place out before offering it for sale, and knew that without much top-dressing it could not carry that number. It was what the place could carry while a man was paying off his mortgages that should be the true capacity. Mr Haigli, counsel for the defence agreed that the question of a farmer’s skill entered into any question of a farm’s capacity. Later bis Honour raised a laugh by dismissing the manner in which a question concerning tlie fl<x>cling of a 'farm had been answered. “The question may have been, ‘Hoes the place flood? and the answer is, ‘Oh, no,’ ” continued his Honour. “Not a flood you would call a Hood—l mean not a llood dial, Noah would call a Hood.”
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Hokitika Guardian, 22 April 1929, Page 2
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491WHAT IS A COW ? Hokitika Guardian, 22 April 1929, Page 2
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