MOISTURE IN BUTTER.

Taranaki Daily News, Volume LIII, Issue 299, 12 May 1911, Page 3

MOISTURE IN BUTTER.

DA IKY COMPANY FINED. At the Magistrate's Court yesterday, before Air. lI.iS. I'itzherbert. S.M., the Oakura Dairy Company was charged, on the information of <T. Johnston, dairy produce grader, with having on February 2:s, at Moturoa, attempted to export i 4 boxes of butter which contained more than lli per cent, of water, the maximum allowed.

Mr. T. S. Weston (Crown Prosecutor) prosecuted, whilst Mr..). B. lioy appeared for the defendant company and pleaded guilty. He pointed out that the company was a small one of about. ">() suppliers, and the directors, of course, depended on the manager for the proper manufacture of the butter. When the attention of the company was first drawn to the fact that the butter contained too much moisture the directors promptly notified the manager that he must exercise more care. However, this was not done. In February last, when the company received notification of the shipment referred to, they immediately met and agreed to dismiss the manager, but in the meantime he forestalled them by resigning. Directors of a factory were practically at the mercy of managers, who were experts, and he considered that there was a serious defect in the Act which made the dairy companies responsible for the sins of managers, who were not liable. He pointed out also that this was the first charge against the company, and, under the peculiar circumstances, he would ask for a nominal penalty. It was a serious matter for the company to haves to dismiss a manager right in the height of the season, a difficult time to procure a substitute. Fortunately, however, Oakura had been able to obtain a good man. lie showed that the consequences did not. end with the penalty, but would have a nerious effect on the business relations of the company. Mr. Weston remarked that every employer was liable for the acts of his servants. The Oakura Company had been warned on six occasions since December, and the case was not quite as simple as stated. Such a fault could not be overlooked by the Department, as it might result in the destruction, or at least the serious impairment, of a large industry. His Worship: There are no previous convictions against the company? Counsel: Xo.

,Mr. Weston read the following telearums from Mr. Ctiddie in connection with the ease: —"Re Oakura, Department desires not to press heavy penalty, but wishes to emphasize need for greatest care 011 part of dairy companies in order to prevent risk of affecting the good name of New Zealand butter on British markets." "Please mention to Crown Solicitor that the Department does not impute intentional excess on the pa'rt of the company, but believe 4t is due to want of care in manufacture. Think it essential this point should lie mentioned." In conclusion he said the Department did not desire to be guilty of tyranny or harsh dealing, but in such eases the Government had no alternative but to follow the case through to the end.

Mr. liov pointed out that as soon a the grader <o>.*pleined,. the, .director "dropped on" tIV manager and urge him to extrciV nore care. His WorsV ~Uted that in this cas the Dcpar' cut did not press for a heav; penaltv. There was 110 doubt anyone i' contro' of a factory shoi<)d take step to 1 ■ c that (here was noi ton mucl im.sture in the butter, which. as tin Government said.' interfered with th> sale of Xew Zealand butter and serious Iv harmed the industry. As the Department evidently wished to draw public attention to the matter, he would not indict a heavy penalty. A fine of 10s and costs £3 10s was imposed.