MAGISTRATE STOUT AND MANAWATU COUNTY COUNCIL

Manawatu Herald, Volume XLVIII, Issue 3695, 24 September 1927, Page 3

MAGISTRATE STOUT AND MANAWATU COUNTY COUNCIL

■STINGING REBUKE AND CAUSTIC' COMMENT.

BAR UPHOLDS MAGISTRATE. DURING CHARGES FOR EXCESSIVE SPEED.

INSPECTOR WITHDRAWS CHARGES.

At a sitting of the Magistrate’s Court at Bulls yesterday, Mr. J. L. Stout, S.M., and Mr. L. M. Travel'rier presided. Cyril George Hardie, of Wanganui, a mojnr service driver, employed by Nicholson’s Motors, was charged as being the driver of a motor lorry of the class B (i.e., a motor service ’bus) he did operate such lorry at a speed exceeding the maximum speed for a lorry of that class, i.e. 22 miles per hour contrary to the gazetted regulations made this year in pursuance of the Motor Vehicles Act, 1924. Mr. Berry, traffic inspector, prosecuted, and Mr. R. Mackay, of Bulls, appeared for defendant, who entered a plea of not guilty. George Canty, an S.O.S. motor service .driver, of Wanganui, was similarly charged, exceeding a speed of 22 miles per hour. Mr. Louis Cohen, of Wanganui, who appeared for defendant, entered a plea of not guilty. MAGISTRATE’S (STATEMENT. Before evidence was called, His Worship, Mr. J. L. Stout, made the following statement: — “I am taking an unusual step to-day,” said His Worship. /‘I am, commenting upon a resolution passed by the Manawatu County Council at the last meeting stating that I dealt ‘flippantly’ with the last ease heard at Foxton. The resolutiin is unfair. It is an attempt to coerce this Court to inflict penalties in cases in which the Court considers penalties should not be inflicted. The report shows that Mr. Berry cheeked the speed of motor service ’buses passing through the County with the result that he had laid several informatious. One of the cases was that dealt with at Foxton. Two more of these cases are set down for hearing here to-day. Therefore, when the resolution was passed these two cases ’were sub judice. This is the resolution: ‘That seeing the local bodies had recently been requested by the Main Highways Department to co-operate in administering the provisions of the Motor Regulation, 1927, this expresses its disapproval of the flippant manner in which the case\ recently taken to Court by our inspector was dealt with by the Magistrate.” ‘‘PRESUMABLY RESPONSIBLE BODY.” As I pointed out it is unusual to reply .to these attacks on the Court, but when a presumably responsible body like the Manawatu County Council passes a resolution without justification I feel it my duty to. answer its criticisms. I am rather surprised that thi£ resolution was moved by Mr. Perrett, who has claims to be considered a sportsman. In this case he was not a sportsman, 'it shows he cannot take a licking. In Foxton I pointed out the absurdity of suggesting that the ’buses should run 16 miles per hour. That would put them off the ,road. It would mean they would take two hours to come from Foxton to Palmerston. If to point out such an absurdity is flippant and to refuse to perpetrate a rank injustice by imposing a penalty is flippant then I plead guilty to the charge. Although my action had been characterised as flippant there was not one councillor present to hear it and on top of this Mr. Berry’s report, as it appears in the Manawatu newspaper, seems a fair one. Local bodies should recognise that these regulations are not machinery for collecting revenue, but are a means of regulating traffic. As in the Foxton ease an application was in to increase the speed I think the information should have been withdrawn. This is my reply to the County’s resolution: It is the first time I have been- accused of being flippant in the administration of justice.” SUPPORTED BY THE BAR. Mr. Louis Cohen, who appeared in one of the cases above referred to, said: — “Your Worship, I was not aware until now that the regulations made by Order-in-Council under the Act had been previously considered by your Worship, nor was I aware that any comment had been made on your decision in the Foxton case. If it is not presumptuous of me, may I, as one of the senior members of the Bar in Wanganui, congratulate your Worship on your public resentment against the resolution which you have read, passed by the Manawatu County Council. If such resolution does, and it appears to do so, molest the independence of the Bench, then you Worship has the support of the Bar in upholding that independence against intrusion from any outside opinion.- In the lowest and the highest Courts in the land there is the public confidence in their integrity and independence. I am confident that I am representing the whole of the Bar, your Worship, in approving of your having taken this earliest public opportunity of expressing your resentment. If a Magistrate is wrong in his decisions there are recognised ways ,of correcting him. Any attempt by other ways than these to exert pressure on the Magistrate is much to be deprecated. Occasions demanding such resentment are, fortunately, very rare. I congratulate you, your Worship, on

behalf of the Bar that you should have expressed yourself in terms which are justified by the occasion and are inspired by the just claims of the Bench to be immune from such criticism as you have referred to. The Bar will always be found vigilant to uphold the independence of the Bench and its freedom from outside pressure of any kind.” CASES BEFORE COURT. The hearing of the cases was then proceeded with, the charge against Canty being the first. Mr. Cohen: I wish to point out to the Court some glaring anomalies in the gazetted regulations. In this case the car with seven passengers does not weigh two tons, but because it runs on a defined route it is regarded as a motor lorry and is therefore within the regulations and must not exceed a speed of 24 miles per hous. An ordinary taxicab not travelling on a defined route can go 50 miles per hour. His Worship: Do you think it would go 50 miles per hour on these Manawatu roads? Mr. Cohen: The attitude taken up by the Waitotara County Council towards service drivers is that it takes no notice of the regulations if the motor drivers proceed through villages and intersections at a reasondble rate. Anything less than 30 miles per hour will destroy the utility of the service car as otherwise the journey would be toolong and arduous and passengers would not travel. His Worship: I would like to see any of the Manawatu County Councillors try a long motor journey at 22 miles per hour. Mr. Berry asked that I should give a considered opinion on the regulation as to the limits that could be fixed by a local body under the regulations. This I did and’Mr. Berry will bear me out. •Mr. Berry: That is so Your Worship. His Worship: I suggested that in considering these applications for an increase of speed a local body should consider the travelling public. Mr. Berry: The trouble is not so much the speed as the damage done to the road. His Worship:- Is it possible to damage the roads in the Manawatu County? I refuse to take my own car to Foxton. Mi-. Cohen: If these regulations were in the form of by-laws they would not stand for one minute. His Worship pointed out that there was no comfort or conveniences on the Foxton train referred ■to in the press as the “whitebait express.” Mr. Cohen: I understand no one travels on the train now. His Worship: Of course, if the motors can travel 38 miles per hour with safety to the public on a road that is not congested there is no harm done. The damage to the roads is caused by the heavy lorries and the milk lorries for the farmers, some of whom are members of the Manawatu County Council. The service cars are doing what the railways ought to do. I consider that on some parts of the road a speed of 30 to 40 miles an hour is quite safe. Mr. Berry admitted that defendant’s firm had made application to the Manawatu County for permission to increase the speed of the service cars to 30 miles an hour, and this permission had; been granted. Mr., Cohen: I then suggest to Mr. Berry that he withdraw the information. Mr. Berry: I agree to withdraw the information, but I must point out that the safety of the public cannot be overlooked. Mr. Mackay also applied to have the information against Hardie withdrawn, the Nicholson Motors having made application to the County and having received as late as Wednesday permission to increase the speed of the service ’buses to 30 miles per hour.

Both informations were withdrawn by the leave of the Court without costs.