ALLEGED VICTIMISATION.

Taranaki Daily News, Volume LVII, Issue 240, 19 March 1915, Page 3

ALLEGED VICTIMISATION.

A CRITIC PROSECUTED. interesting nonious WEED CASH. hi the course of a discussion at i 1:<• Taranaki County Council meeting recently on the administration of the Noxious Weeds Act, Mr. Arthur Morton was responsible for adding the word "more" to a proposition by Cr. Binnie, and the Council eventually carried a resolution: "That the Bunril of Agriculture be informed that the Council was of opinion that tbe Noxious Weeds Act should be more strictly enforced in the Taranaki district, more particularly as regards blackberry and ragwort."* It may have been a mere coincidence, but Mr. Morton evidently considered it a sequel to the action, when be was baled before tbe N.M. yesterday and charged by E. Fairfax-ChohtkToy. Inspector if Noxious Weeds, with a breach of the said Noxious Weeds Act. Mr. Cholmeley repudiated the suggestion if counsel that Mr. Morton's criticism of public utterance had had anything to do with the charge being brought. Before the charge was read, Mr. A. IT. Johnstone, who appeared for the defendant, said the information claimed that lie had failed to clear bis land of blackberry and ragwort. With a good deal of hesitation he had advised the defendant to plead guilty. There was no doubt that be had been unable to Jj.lYO the weeds put within flu- linii' "fhi'y should have been attended to, but at the same time he contended that tbe department had acted harshly in prosecuting without first giving reasonable note"'. 'I he defendant had two properties, op.e | at Egntont \ illage, ami the other on tbe Upper Kent Poad, near the radius line. The latter was the one in respect of which the charge was laid. It had only been cleared of bush in recent vears. On February 0 the defendant went'from Egniont Village to the Kent Road property, and immediately commenced tbe work of cutting the ragwort, which had now all been cleared, and then se|; to work on the blackberries, which were also practicailv finished. Jle pointed out that blackberries on the higher ground near the mountain did not mature as earlv as those near New Plymouth, and lc maintained that, the defendant had eirectively cheeked their growth. Mr. Cholnieley said lie had rather a dill'crciit story to put before bis Worship. Tie had visited the property on November IS, and it was quile evident that the blackberries be saw bad never been cut last year. On January 11 he spoke to the defendant personally about the matter, and on January 10 inspected the place, finding blackberry and ragwort in flower. On February '2O he received a complaint from a neighbour, and paid another visit on February 211. when both were still in full flow; r. A certain' amount had been cut. but a lot had been left. Tie again visited the place on Tuesday last, and found ten patches of ragwort in flower and a considerable amount of blackberries in fruit. Continuing, Mr. Cholmeley said he would press for a, substantial penalty, and pointed out that the defendant was a member of tbe Taranaki County Council, and had recently proposed a resolution that the Noxious Weeds Act should be rigorously enforced. Mr. Johnstone: That is exactly th" reason why the action has been brought. Mr. Cholmeley denied this, and said that Mr. Johnstone had no right to make such an assertion. He added that a man in "Mr. Morton's position ought to set a good example in clearing his land from noxioii.-s weeds. The defendant then gave evidence. TTe stated that be had a farm at. Eginont A illage and also held an Education Lease on the Upper Kent Road. Together with his son. be commenced to cut th,; noxious weeds on February 0. There was a great dill'iciilt.v in obtaining labour this year, anil therefore they had to cut the weeds themselves whenever it Wilis possible. T.ast Tuesdav lie was cutting Weeds all day on the Upper Kent lioad property, but he saw nothing of the inspector. lie was of the opinion that every patch of ragwort had been attended to, but be pointed out. that it was difficult to detect this weed unless it was in flower. As to the blackberry. it would only take about four days' work to finish it all off. Had he been able to obtain labour everything would have been done before this, but, as it was, be bad a large number of public duties to attend to, and these took up a large amount of his time. To the inspector: Tt was not usual for the blackberries to fruit at. tbe end of January. They generally started at the beginning of March. Mr. Cholmeley: Would you be surprised to learn that I picked some fruit on your property on .Tamjiry in?—Tt could not have been ripe. Mr. Cholmeley: Well, T ate it, nnyI way. Were the blackberries cut last year.—No. Mr. Johnstone objected to this sort of question. The inspector pointed out that if the blaekberriis were left one year, it was much more iliU'icult to cut them the next. His Worship said they could ileal only with the one year. Hie inspector said that in the strict letter of the Act the blackberries should not be allowed to flower, Air. Johnstone: We pleaded guilty on that account. His "Worship asked when it was the proper time to cut the blackberries. The inspector replied that they were generallv cut just, before flowering. The defendant, who described himself as a |rr:M'tical farmer with twenty years' e\jiel iellee of blackberries, said be found the lust results were obtained wlcu they were cut immediately before (J u . fruit ripened. If they were cut too soon it only stimulated their growth, but if they were-cut ill February or March be considered the growth would be effectively cheeked for a e,insiihTable time. His Worship pointed out that authorities in their wisdom had decided thai the weeds must be cut before flowering. To the defendant : When did you receive the not ice ? 1 received no notice. Mr. Cholnieley: Bui T spoke to you personally'.'- Yes. and I started work as se.on as possible. His Worship: Is there a lack of labor? - Yes. if. is a common complaint among farmers that there is md suti'ieient labor available. Laborers in New !'lvmonth would not go out into tie- country. Ilis Worship said there was no doubt the defendant bad neglected to cut the weeds in the specified time. It was unfortunate that the defendant bad a number of public duties, which, no doubt, absorbed time which would otherwise have been spent in cleaning in the weeds, lie would inflict a fine of CI anil costs 7s.