EXIT COMMUNITY CARS

Sun (Auckland), Volume I, Issue 172, 11 October 1927, Page 1

EXIT COMMUNITY CARS

By-Law Not Unreasonable MAGISTRATE’S DECISION UPHELD MAY GO TO APPEAL COURT [AGREE with the magistrate that the by-law is quite reasonable, and well within the power conferred upon the municipal authority to make by-laws for the good rule and government of the city,” said Mr. Justice Stringer to-day in dismissing the appeal of the Dominion Road Community Motor-car Company against the decision of Mr. E. C. Cutten, S.M.

THE effect of this is that the community motor-cars now running to various suburbs, will have to be taken off at once.

his Honour, “and apart from express authority, I should have thought them amply sufficient to enable a municipal council to require that a vehicle plying for hire for the conveyance of passengers should be licensed. In determining the validity of by-laws made by public representative bodies, the court ought to be slow to hold that a by-law is void for unreasonableness. In my opinion the appellant entirely failed to prove the by-law to be unreasonable, and I therefore dismiss the appeal with £7 7s costs.” His Honour informed Mr. J. F. W. Dickson, counsel for the appellant, that he had judged the case on its merits and not on the technical points submitted, by counsel. Mr. Dickson said the nominal fine of £6 imposed by the magistrate had been increased for the purpose of the appeal and he asked if that could be reduced again to the original fine. “You voluntarily incurred the expense for the luxury of appeal, and I cannot do that,” replied his Honour.

The appeal was brought by D’Arcy Harold Ritter against the decision of the magistrate, who found that the appellant had committed a breach of the City Council by-law and who imposed a fine of £6 and costs. His Honour said the facts were not in dispute!. The appellant ran a motor-oar for the conveyance of passengers at separate fares, and it was therefore an omnibus as defined in the by-law and was unlicenced. MAGISTRATE WAS CORRECT

It was contended in the lower court and at the appeal that the by-law was unreasonable and therefore invalid. The magistrate held that there was no evidence that the by-law was unreasonable and, in his Honour’s opinion he was correct in so holding. The by-law was made for the good rule! and government of the borough; for conserving the public health, safety and convenience; concerning streets and their use; and defining and licensing and regulating the conduct of carriers of persons and goods. “These are very wide powers,” said

Mr. Dickson informed THE SUN that he intends to move to have the by-law quashed and apply for the caso to be taken to the Court of Appeal.