Railway Counsel Abuses Privileges
Page 36
If you've noticed an error in this article please click here to report it so we can fix it.
" IF you think it is a fraudulent transaction, you should really prove it," said Sir William Hart, Yorkshire Deputy Licensing Authority, to railway counsel, when Messrs. Butler and Marshall Transport Service applied for licences. Later, in granting the application, Sir William said' that he did not think any suggestion of fraud had been substantiated.
Mr. Walter John Butler, haulage contractor, of 4, Richmond Terrace, Hull, explained that he had recently entered into a verbal partnership with Mr. Frank Leslie Marshall, of Main Street, Willerby, and had purchased as a going concern the business of Mrs. Habbershaw, of Hull. The application was for the transfer to Messrs. Butler and Marshall Transport Service of the licence for the one vehicle which had been operated by the witness, and of the licences for Mrs. Habbershaw's two vehicles.
Cross-examined by Mr. E. P. Merritt (for the London. and North-Eastern Railway Co.), Mr: Butler said he knew that Mr. Marshall had recently tried unsuccessfully to enter the haulage business. He denied, however, that the whole object of the application, so far as Mr. Marshall was concerned, was to circumvent the decision of the Licensing Authority.
When Mr. Merritt asked the price of the business Mr. F. G. Ribbings (for the applicants) objected, remarking that only the Licensing Auttority was entitled to know such details.
Mr. Arthur Edward Habbershaw, of Lambert Street, Hull, said that his wife's haulage business was flourishing. Mr. Merritt submitted that the issue was whether the acquisitionof Mrs. Habbershaw's business was genuine.
In granting the application, Sir William Hart said that there was no reason why Mr. Marshall should not come into business with Mr. Butler.
Mr. 13ibbings said he was not sure that Mr. Merritt's statements .did not
call for an. immediate apology. He added: " When an allegation of fraud, which reflects on the-. character .of honoura-ble business melt,is: made in this court, unsupported by any evidence, it is a sheer abuse of the privileges of this court."