RAGWORT OASES.

Putaruru Press, Volume VII, Issue 285, 24 April 1929, Page 4

RAGWORT OASES.

MAGISTRATE’S STRICTURES Departmental Cases FaiL. “ The sole object in bringing the. cases,” stated Inspector John Leyland Morris, in local charge of stock, and noxious weeds, to Mr. S. L.. Paterson* S.M., in the Matamata Court, “ was to give farmers a warning for the coming season. There has. been, a good deal of controversy by farmers. in the press in regard to inspects ors not being strict enough in controlling ragwort, so these cases, are brought. The Department has., issued. instructions to take proceedings against those with ragwort in clean country, so we’ll see how we get'on,”' concluded the inspector. The Bench, however, remained very much unimpressed either ,in regard to the animadversions made, or to the Department’s sudden access of zeal, for if the inspector “got 1 on” then fanners concerned “ got off,” the only ones convicted being two unfortunate ones who failed to put in an appearance.

Gordon Pilldngton, the first defendant the inspector dealt with, was stated to be a sheep farmer who had neglected the ragwort in the gullies on his farm. “Where is ragwort mentioned' in the Act ?” was the first 1 question from the Bench. On the first schedule. But where in section 11 ?~ It mentions sweet briar and blackberry. But that’s not ragwort: I think you had better get the Crown solicitor to appear on this. It may be that sub-section 5 covers all noxious weeds, but it should be-argued.' Departmental officers are not lawyers and cannot be expected to argue these facts. I will adjourn all the cases.

A few seconds afterwards Mr. Paterson remarked that the word “ clear ” might cover the issue, so the cases were proceeded with. “ How many® notices have yousent?” was the next question put to 1 the inspector. Mr. Moms replied' that he had too much work, and only one notice was needed now. He had' been- instructed' to lay information where- there- were a few plants in a clean area; Most" of his notices were treated' like trade circulars and thrown away. He did not expect a farmer' to get off' his stack during hay time to clear ragwort, but they were expected' to take reasonable precautions:

The Magistrate: The form provides for clearing within so many days and is not filled' in. You- are prosecuting for a penalty under a penßl Act and the only power- T haveis that he had not complied' with a section. Unless a time is specified it» the notice it is useless. A man onseeing this form might say he hatT unlimited time to- dear the- weed'. The inspector: It may Be a technical error. They were written out in the field.

The Magistrate: Weir, I cannot convict.

The next case was that of Charles Leslie Wilson* who stated" that for the last four years he had" made a good job of clearihg- ragwort. He pleaded not guilty. The inspector: I am not interested fh the previous history; i The Magistrate: How long would fit take Mm to clear his ragwort? The inspector: It is hard to say; about a month.

The Magistrate; Well, you only give him a week. I cannot convict. If the Department likes to appeal I will state a case.

The inspector; It is hard to estimate how long it would take to dear ragwort. In the open a man might do 20 acres a day with a mower.

Defendant: I have only three acres I can put the mower over. The Magistrate: I’ll reserve my decision till I hear the others. The next farmer to face the Bench was John Dewer Simpson, of Te Poi, in whose case the notice had been wrongly addressed. The inspector stated he had taken the address from the county roll. On oath Simpson stated he had not received the notice.

“ Dismissed,” was the Magistrate’s terse comment, to be followed, as Simpson left the court, with: “ Understand that if you come before this court again you won’t be dealt with lightly.” In the case of John Dawson, the Inspector had had a personal interview, and this fact resulted in his first success. The defendant answering to this world-famous name, was then mulct/the sum of 10s and 12s costs.

John Joseph Ryan, the next to be called, stated be did not know he had ragwort on his farm.

- The insneetor. however, was equally confident it was in his front

paddocks. It was not a serious, ease* though two hours’ work would, according to the inspector, have saved Ryan much. Labour next year. * The Magistrate: Probably this case will be a sufficient warning, to fcihu. I’ll give him the benefit off the. doubt—dismissed.

Lawyer Buchanan looked after the case of: the next defendant,. Jfahn. Mbir; of Whitehall, and immediatelyraised: a host of difficulties for the harassed inspector. Counsel: wanted to know what the inspector knew of rurax deliveries*, backblocks, as well as an odd legal point or two; and then demanded to know- why Messrs. Wilson, of Auckland; and' the Auckland Harbour Board had not been summoned.’

To the last question the inspector was a’-le to reply that the properties named lay outside his district and would' be handled from Cambridge. Mb. BUcbanan; This is rather a sudden burst on the Department’s part, isn’t it? - The- Magistrate: Can you suggest any answer the' inspector could' give which would' bear on the point at issue:. Counsel' next' proceeded to remark on the- weed being on certain roads, when the- Bench interjected by stating that an owner was responsible right up to the middle of tire road. Proceeding, Mr. Buchanan stated' that 14 or 15" years ago the settlers; near Whitehall petitioned the Government' to do something to check - the ragwort evil. Nothing was done, and' now they were being heavily punished' for the Government’s' inactivity ih that out of six settlers five - were being forced to sell'their cows; and' go in for sheep. Oh oath Moir flatly contradicted' the inspector in regard ' to the amount which was cut and uncut. The inspector: I am placed in anawkward'corner here. I" will have to- arrange to call witnesses. The Magistrate: I have wasted' enough time—dismissed.' Mr. G: <S. Bell stood'up with' an srray of' open statutes, when Hilton [Briscoe, manager for- Nathan’s Ltd., at Waottr, the next defendant, wasIcalledi ; The inspector immediately ran in—'to trouble, for on the Bench' asking!fdr the usual notice- it was- not tohand! I “ You- had better get the Department' to employ the-Crown solicitor,’*' remarked Mr. Paterson. “ There i».too much time wasted. I can’t con—[duct these cases for you.”' Briscoe stated" he had tried 'everything- possible to- check the- weed acting- under instructions from his employers. He had' cut the weed' con—titmonsly. end crammed' sheep on the plants, and did" not know of any bigarea left neglected. | The inspector: I am prepared” to .pwr theTe IS a patch of" ten- acrea Jnot half a mile from the homestead. 1 The Magistrate: Dismissed', i The same judgment was then writtmn opposite the case which had ‘been reserved, white Pilkihgton was fineY 10s, plus 12s costs.