MUNICIPAL PICTURES.

Manawatu Herald, Volume XXXV, Issue 1138, 26 August 1913, Page 3

MUNICIPAL PICTURES.

WRIT OF INJUNCTION.

AQAINST MUNICIPAL CONTROL.

BY MARIE HAMER.

HIsIHONOUR RESERVES JUDGMENT.

[By Telegraph—Own Reporter.]

At the Palmerston N., sitting of the Supreme Court this morning, before His Honour, Sir Robert Stout,. Chief Justice, Marie. Harper, for, whom Mr Oram appeared, moved an injunction against the Foxton Corporation to prohibit the corporation froin showing moving- pictures. Mr C. B. Morrison, K.C,,- with him M r R- Moore, borpugh solicitor, appeared for the Foxton Borough Council. STATEMENT OFCLAIM. ( la the statement of claim the plaintiff saVs (x) she is a ratepayer in the Borough of Foxton, and liable for rates in respect of property owned by her in the said borough. (2) That plaintiff is interested with her husband, William Hamer, in carrying on the business of showing moving pictures in .the said Borough of Foxton. (3} That defendant has for spme time past and still ts carrying on business of showing moving pictures in the Coronation . Hall in the Borough of Foxton. (4) That the business so carried on by defendant is detrimental to , the business of plaintiff and her husband. (5) That defendant has no right or power to jcarry on manage or conduct such business or to use the funds of the corporation for the , purpose of carrying on or managing or conducting such business wherefore plaintiff claims an injunction restoring the defendant, servants and agents, from carry on business of showing moving pictures in the Borough of Foxton or from shoeing or moving pictures or - from using the funds of the corporation in connection with l such business. The injunction is being asked lor on grounds that defendant has not any authority at law nor any right or power to carry on, manage or conduct such business or use the funds of the corporation for the purpose of carrying on,-managing or conducting such business and upon further, grounds set out in the plaintiff’s statement of claiin and in several affidavits of plaintiff and Willigm Hamer sworn , and filed. MARIE HAMER’S AFFIDAVIT. In the affidavit of Marie Hamer, Wife Qf:;William Hamer, plaintiff says that she is a ratepayer resident in; the Borough of Foxton, and is liable in respect of rates to the Foxton Borough Council. (2) That she is interested with her husband, William Hamer, in conducting the business of showing moving pictures in. premises erected upon laud owned by her in the ;oßorough of Foxton. (3) That the Foxton Borough Council has for some time past and is now carrying on the business of showing moving pictures in the Coronation Hall in the Borough of Foxton. (4) That in the audited of the district fund > of the Foxton Borough Council for the year ended March 31st, 1913, published in compliance . with the Municipal Corporations Act, 1908, and regulations thereunder, there appears a tag, “examined and found correct, except that the running of picture shows and skating rink by the borough is without authority at law. R. J. Collins, Controller and Auditor General.” (5) That she regards the carrying on of such business by the Borough Council as being detrimental - tbir - the business oi plaintiff and her husband’., WIIUAM HAMER’S AFFIDAVIT William 1 Hamer, merchant, in bis affidavit says: (1) That he has, for some time past, been carrying on in premises erected on land in the Borough of Foxton, owned by his wife, the business of showing moving pictures, and that his wife is interested with him in carrying on such business. (2) That the Foxton Borough Council has for some time pagt and is now carrying oh the business of showing moving pictures in the Coroj. nation Hall in the Borough of * Foxton. (3) That he regards the carrying on of sqch business by Council as detrimental to the business of showing moving pictures carried on by himself and wife; further, the affidavit by William Hamer states that he has inspected the books of account of the Foxton Borough Council relating 'to the carrying on and conducting, the business of showing moving pictures by the Foxton Council in .the Coronation 4 Hall in the Borough of Foxton ; (2) that the attached is a copy taken by him from Such books of expenditure incurred by the Foxton Borough Council 'in carrying on such business from 31st March, 1912, to'23rd August, 1913; (3) attached also is a copy of receipts from such business and a copy of advertisement appearing in the Manawatu Herald newspaper circulating in the Borough of Foxton; (4) that prior to his .wife and self engaging in business of showing moving pictures in the Borough of Foxton, the Foxton L Borough Council was conducting | the business of moving pictures 1 on Wednesday and Saturday 1 nights of each week; (5) that ■ upon the wife and plaintiff enter- ■ inz into such business they on Monday, Wednesday ■md Saturday of each week ; (6) subsequent to the wife and Bplaintiff entering into such busiKess, the Foxton Borough Council

commenced showing pictures on Monday nights also but have since discontinued showing on Monday nights; (7) that prior to plaintiff and wife commencing this business the Council were charging Is 6d, Is, 9d for admission ; (8) that the prices charged by the plaintiff and his wife is Is ond sixpence ; (9) that the Foxton ■ Borough Council sometime since reduced its prices and now charges the same rates as plaintiff and his wife ; (10) that upon the Foxton Borough Council so reducing its prices charged by it the income derived by wife and self from moving picture business was much reduced and has continued so since the borough made such reductions; (11) that in carrying on such business as aforesaid, the. Foxton Borough Council pays for the hire of films, advertising and wages for an operator, doorkeepers, ticketsellers and musicians; (1,2) that in connection with the carrying on of such business by the Foxton Borough Council it has recently paid to one Ballinger the sum of j£2oo for erecting an advertisement over the said Coronation Hall relating to the business so carried on by the Foxton Borough Council; (13) that the Hall wherein his wife and plaintiff carry bn the business of showing pictures is erected upon land belonging to his wife and all profits derived from the showing of pictures are paid to his wife and used by her in paying for the cost of erecting such hall.

Attached to the affidavits are particulars of receipts and expenditure in connection with picture entertainments and copy of advertisement from Manawatu Herald. STATEMENT OF DEFENCE. Defendant denies that plaintiff is interested with her husband in carrying on the business of moving pictures in Foxton Borough and denies that plaintiff has such interest or has suffered any damage, or injury as entitles her to commence and prosecute this action ; (2) denies it is carrying on business of moving pictures and says that in-exercise and pursuance of the powers conferred by section 299 of the Municipal Corof the Municipal Corporation’s Act, 1908 and in order provide for healthy amusement and instruction of the public, it has provided a building within the borough to be used inter alia as a music hall and lor kindred purposes of public enjoyment and recreation and for such purposes as aforesaid, defendant exhibits moving pictures in said hall known as the Coronation hall; (3) that it defendant is carrying on such business as alleged then the said statute justifies the action of defendant in relation to the matter complained of; (4) everything done by defendant corporation in relation to matters complained of by the plaintiff has been done pursuant of and in accordance with the power conferred upon defendant corporation by statute ; (5) exhibitions of , moving pictures provided by the corporation is more than self supporting and is not a charge or burden on the funds of the defendadt corporation ; (6) the corporation commenced the exhibition of moving pictures in October 1911 and such exhibition has continued since that time, and the business of the plaintiff’s husband has only been opened recently; (7) plaintiff has given no notice to defendant of alleged cause of action or otherwise howsoever in relation to this proceeding. THE MAYOR’S AFFIDAVIT. In bis affidavit, George Henry Stiles, of Foxton, draper, says: (1) That he' is Mayor of the Borough of Foxton ; (2) that in the year 1911 a loan of ,£2,800 was raised by the defendant Corporation under authority of the Municipal Corporations Act, 1908, for the purpose ot erecting a municipal hall, and such hall was erected accordingly for purposes inter alia of providing amusement and recreation for the public ; (3) that under provisions of section 299 ot the said Act, the defendant corporation has, since October, 1911, exhibited moving pictures in the said hall for the purposes of public enjoyment and recreation ; (4) the defendant corporation furnished the said hall with requisite appliances for exhibiting moving pictures, and the cost of such furnishing was partly paid out of the funds of the corporation and partly by a subscription of ,£250 subscribed by the public and by Councillors personally for this purpose ; (5) the profits from the said exhibition are more than sufficient to cover working expenses, and have enabled the corporation to pay ,£3OO off the loan raised for the erection of the hall, and to pay interest and sinking fund bn such loan.

No evidence was called, the case being purely one of legal argument.

After hearing counsels’ arguments, his Honour reserved his decision>

[Counsel’s argument will appear in our next issue.]