BREACH OF THE BOROUGH BY-LAWS.

Taranaki Daily News, Volume XXXXV, Issue 244, 13 November 1903, Page 3

BREACH OF THE BOROUGH BY-LAWS.

A 'BUS DRIVER IN COURT. In the Magistrate's Court on Thursday morning, before. Mr R. L. Stanford, S.M., George Otto, a 'bus driver, was charged with having allowed his 'bus to stand for an unreasonable length of time in Devonstreet, at a place other than that set apart for 'buses. Mr Quiliiam prosecuted on behalf of the New Plymouth Borough Council, and Mr Weston appeared for the defence.

The charge was laid under section 144, but by permission of the Court and with the consent of Mr Weston, the information was amended.

Mr Quiliiam said that the Borough Council had fixed the place for the Breakwater *bus at the corner of Devon and Liardet streets, and the defendant had occupied the place fixed for a few days. Later on, however, he had taken up his stand at thecorner opposite the National Hank and had refused to "move on" for the Borough Inspector, stating he had been instructed by his employer to stay there, and he was going to do sO. He called

Mr F. T. Bellrihger, Town Clerk of New Plymouth, who gave evidence that the Borough Council had in October last fixed the place for the Breakwater 'bus near the DevonStreet footpath. Mr Weston objected to this evidence. The charge was laid under section 145, and Mr Quiliiam was cross-examining under section 116, Bection did not apply to omnibuses, ■which were totally different from expresses, etc. Only section 145 ai>plied. Mr Quiliiam said the Council had power to appoint standn, surely, and this bus was not on one of these. ,

Mr Weston asked the Magistrate to take a note of his obiection that section 116 did not apply to omnibuses which were exclusively under section &45.

The evidence of the witness was continued. He stated that on Oct. 26 the Council decided that the Breakwater "'bus should stand in De-von-street, opposite sec. 895, known Bs Perry's corner. To Mr Weston : Prior to this re' solution there was no stand appointed.

Mr Weston objected to the resolution going in as evidence. Fred Stohr, Borough Inspector, gave evidence that the Breakwater "bus since October last should stand bt Perry's corner. It had previously stood on the National Bank copter. After the Council's resolution tiie defendant went to the appointed stand. On several occasions warned defendant, and on Oct. 6 told him that he must stand at Perry's corner and if he persisted in standing at the National Bank a summons would be issued against him. Defendant said he had been instructed by Mr Jones, his employer, to take up his old stand. On Oct. 28 defendant stood at the Bant corner for 10 minutes, which was longer than a reasonable time to take up or set down passengers. Devon-street was narrow, and the National Bank corner was one of the busiest places in the town, only about 15 yards from the railway crossing. Warned defendant more than once. To Mr Weston : Theie were four or five omnibuses in New Plymouth. There were two 'buses to the Breakwater. They were capitally managed in some respects, lyut did not always occupy the proper stands, and loitered in the streets. Did not take the time of defendant's stay at the National Bank corner, but it was about ten minutes. 'Buses were supposed to run to a time-table. It would take about half nn hour for n 'bus to run from the National Bank corner to the Breakwater. The service was an hourly one. It would take two or throe iuin-ites to take ■up and set down a crowd of passengers, but for one passenger less than a minute would suffice. Do net know what extra distance would be entailed on 'buses by changing" to the sew stand.

Mr Western : Do you consider this a fair tax on 'bus proprietors ? Witness : I can't answer that question, as I am an employee of the Council. I can't criticise their actions.

The Magistrate considered the question an awkward one.

Witness' examination was continued. He was not aware that tramcars stood day and night in Cathedral Square, ChristchurcH, but he knew the streets were widor there.

The Magistrate ruled that Mr Weston had no evidence of the width of the street in Cathedral Square. Re-examined by Mr Quilliam : Was In the habit of estimating time, and had had considerable experience. The Breakwater 'bus was in the habit of going direct to the National Bank corner from the stables, but not to the appointed stand. Mr Weston contended that the appointment of Mr Stotor as Borough Inspector should have been publicly notified. The Inspector had warned the 'bus driver, but how was the driver to know of his appointment ? He submitted that this contention was fatal to the case.

Mr Quilliam said that the Act provided for a putrfic notification of the appointment of an Inspector of nuisances, not of other inspectors.

Mr Weston : Well, what is the man ?

Mr Quilliam ; An inspector of vehicles.

Mr Weston thought (hat was the same thing. He was there to prevent nuisances.

The warrant of appointment was produced, and tihe duties of Mr Stohr were read. Mr Weston's contention was overruled, and he went on to address the Court on the merits of the case. The by-laws were in many instances totally inapplicable to a town of the dimensions of New Plymouth, and therefore must be considered unreasonable. They were evidently drawn to meet tho requirements of much larger cities. He contended that the traffic in Devon-street was not so great as to allow of a single 'bus obstructing traffic at the Bank corner. He held that the time-table of the omnibus precluded any time being spent on the streets at this end of the journey, and he would produce evidence to show the hardship entailed by the provisions of the bylaws. He called Mr Jones, proprietor of the bus driven by Otto, gave evidence that the 'bus in question was run to a time-table, and kept its time. The journey from town to the Breakwater took 25 minutes, and the return journey the same. They cou,d not waste more than five minutes at each end. Horsos were changed four times a day, each tea... of horses doing three trips. When the horses had to be changed there was a rush to get away to time. The service could not sustain any heavier chargies for horseflesh. Any increased expense would mean failure in the end, or a rise in fares. Had never had any previous complaints about bis 'bus standing at the National Bank. The majority of passengers embarked at the bank, and there would be few at Perry's cor-

ner. The change v.ouhl mean that the 'bus would have to stop frequently in Uardet-street, and this would lie a nuisance to the public. The change would necessitate an increase of horseflesh, Imposing an extra five miles every day, which would cause him to employ another horse. To run an hourly service from Perry's corn«- to the Breakwater would mean driving much faster, and he did not think he could run to the present time-table. The change meant an additional 1600 miles per annum. Six 'buses were running in »w Plymouth, and there were

about a dozen licensed cabs, The accommodation provided by licensed vehicles iu New Plymouth was limited.

To Mr Quiliiam : Claimed the rigiht to stand at the National Bank, as he had done so l'or ten years. The opposition line of 'buses started, he believed, from the bank corner. But he had not seen this since the bylaw came into force.

ArthurKolx'its, manager for Mr Jones, corroborated the evidence of the previous witness. To Mr Juilliam : It would not be convenient to alter the time-table.

George Otto, the defendant, gave evidence that on the day in question his 'bus stood at the National Bank corner for a little over five minutes, and that was. because the inspector kept him talking. He had hod no previous complaint, and had driven the 'bus since February just. This closed the case for the defence.

The Magistrate, in giving judgment, said lie was asked by counsel for the defence to say that the bylaw under which this charge had been laid was inapplicable to New Plynlouth and consequently unreasonable. It had been said that if lie ordered the omnibuses to stand at the corner of Liardet and Devonstreets there would be harmful consequences. That would put him in a wrong position. Sitting as a Stipendiary Magistrate, he was not supposed to take such a thing into consideration, especially where, as in this case, there was an authorised body whose duty it was to study any implied inconvenience to the public. 'He would put himself in a wrong position, whatever his opinion as a private citizen, should he, as a Magistrate, try to over-rule the Borough Council by holding that they had passed a by-law which was inapplicable and unreasonable. He could conceive circumstances which would warrant him taking such a stand, but these had certainly not been adduced iu the present case. This was not a case where he could say the by-law was unreasonable. He bad no doubt that a breach oi the by.laws had been committed,and would inflict a penalty. He understood that this was a test case, and that a heavy fine was not desired. He would line the defendant 2s and costs, solicitor £1 Is, and Court coats 7s.

Mr Weston intimated a possibility of an appeal, as his clients considered the position unjust. If a Magistrate s Court could not question the reasonableness of by-laws, how wero they to be tested ?

Mr Qui lii am said that there was a prescribed form for testing- the bylaws. On payment of £5 they could be attacked by anyone who had a grievance. The Court adjourned.