CURIOUS COUNSEL

Sun (Auckland), Volume 1, Issue 8, 31 March 1927, Page 9

CURIOUS COUNSEL

WANTS MR SMITH’S BOOKS TAKAPUNA TRANSPORT FIGHT BOARD REFUSES REQUEST “Neither necessary nor advis- ‘ able,” was Mr. Justice Frazer’s ruling at the Transport Appeal Board's sitting to-day when keen interest was evinced by the Takapuna Tramways and Ferry Company in the books of Mr. Alfred Hendry Smith, whose license to run motor-buses, they opposed. The company, through Mr. L. P. Leary, sought to examine Mr. Smith’s books. The board did not uphold the application at this morning’s sitting. Mr. Leary indicated that if exhaustive evidence was to be called on the question of electrification the hearing might occupy ten days. “We are not a body of experts,” replied the judge, who said all that was desired was evidence on general lines. “Constituted as we are it would be absurd to consider us experts in these matters,” added the chairman. “Chaos and disaster!” was the direct result of cut-throat competition, said Mr. F. E. de Guerrier, electrical engineer to Auckland City Council. He characterised it as “a form of commercial madness.” NOT BOARD’S FUNCTION “We have considered this point and are of opinion that it is not our function to go into Mr. Smith’s private financial affairs,” said the board’s chairman, Mr. Justice Frazer. Associated with him on the board were: Messrs A. Thompson, L. B. Campbell, E. H. Potter and G. C. Campbell. Mr. E. H. Northcroft, who appeared with Mr. G. E. Alderton for Mr Smith, sti'enuously opposed the application. Mr. G. P. Finlay and Mr. F. Lowrie represented the Takapuna Borough Council. CAN SMITH CARRY ON? Mr. Justice Frazer pointed out that the board certainly wanted to know whether Mr. Smith’s bus service between Devonport and Milford was essential or not, also should the trams close down whether Mr. Smith could carry on. Fares, in view of that possibility, and other matters, also interested the board, but it was considered “neither necessary nor advisable to delve further into Mr. Smith’s private affairs.” , “I shall tender e-vidence on the lines indicated.” came an assurance from Mr. Northcroft. Mr. Leary: Generalisations from the books are of no use! Counsel was by no means satisfied. “NOTHING TO CONCEAL!” “I have nothing to conceal,” Mr. Northcroft informed the board. Turning to Mr. Leary, he added: ‘But will call who I like and when I like. “It is understood that the books will be available to substantiate any evidence to be given on the lines I nave indicated,” said the chairman. The chairman subsequently observed, apropos of a point raised by Mr. Finlay; “It is not the Province= or this board to give the people of Takapuna a lead —that is not our joh! Mr. Finlay accused his learned friend ” Mr. Northcroft, of Indulging in a little propaganda. ”X wanted to qU “We have to be very careful in these matters,” replied the chairman. “I prefer to make an affirmation, said Mr. Thomas Blood worth, a member of the Auckland City Council, who was called by Mr. Leary. He did not, therefore, take an oath in the ordinary Mr. Bloodw'orth said he was not interested in the proprietors’ warfare. He was interested in the people affected by it. , . t , , A(Tv . Mr. Northcroft objected to Mr. Bloodworth as a witness on the score of relevency. “We want facts, he said, “not quotations from distinguished writers on economics.’ “Wait a minute,” said Mr. Leary. “You will -get them. In fact you will be charmed with the facts he will glv* you!” (Laughter.) Mr. Northcroft: I merely wished to limit this trial to something reasonable. ... , “A tramway is already in existence at Takapuna,” said Mr. Blodwortli, "and no tribunal in this country can say what the costs of omnibus transportation will be in six months’ time. ■Working men had invested their savings at Takapuna, said this witness, and if there were no system of permanent transportation, as such as now existed in the tramways, their savings as evidenced in their homes would be imperilled.