PICKING PEAS ON SUNDAY

Hokitika Guardian, 1 March 1932, Page 2

PICKING PEAS ON SUNDAY

DE-biSION UPSET BY JUDGE. , CHINESE WINS APPEAL. AUCKLAND, February 29. The picking of peas, on Sunday for the markets early on 'Monday is legal. This point was deckled by Mr Justice Herdman. in the Supreme Court yesterday, when he .reversed the decision of Mr F. H. Levin, S.M., who. fined a Chinese,.lAh Low, for picking peas at ,'Pnnmure on a Sunday, in view of a public place. The appellant 'had been convicted under section 18 of the Police Offences Act, 1927. Counsel for the Crown said the weak point of the case was that some of the peas might go bad if. kept over Sunday, buf d'd that warrant the extensive carrying on of the business on ,a Sunday ? Any question of convenience or expense must be ruled out, and the only question was whether irreparable loss was being avoided by doing the work Oil Sunday. Counsel pointed out that the public went without fresh peas for the greater part of fhe yeaT. ‘‘lt Would appear that the case is purely a question of -fact/’ said his Honor, “fact to be determined upon the evidence whether it has been proved that the picking of peas on a Sunday is a necessity. I have come to the conclusion that it is a necessity, and that for that reason a man is exempt from prosecution. If the appellant had picked the peas yin ISAturday, they would have been useless for the market on Monday. .If a market gardener is prevented from picking peas on a Sunday, he can only carry on his business under very grave disabilities.’’ The appeal was alloVved and the conviction was quashed-