STOCKPORT LICENCE ULTRA VIRES?
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THE fight of the North Western Road CarCo., Ltd., to protect its rights in Stockport against further encroachments by the corporation, was resumed last week, when Mr. E. C. P. Lascelles, for the Minister of Transport. heard the company's appeal against the decisions of the North Western Traffic Commissioners granting licences to Stockport Corporation, and refusing them to the " North Western," for a new bus service from Mile End to Green End, across the town.
Mr. J. Lustgarten, for the appellant, raised the new point that the licence was not for the route indicated in the municipal application and was, therefore, ultra vices. Mr. S. Cope Morgan, K.C., for the cortmaration, replied that the Minister could rectify this defect if necessary.
In reviewing the history of the case, Mr. Lustgarten stressed the. point that the new service was intended ultimately to be run as a through ManchesterStockport inter-town service. He submitted that a co-ordination agreement reached between the two parties in 1931 was not considered when the corpora
tion made its application. He suggested that, by its established priority,, the "North Western" should have been granted this licence.
Mr. Lustgarten said that, as put before the Commissioners, the unqualified cfaim of the corporation was that within its own municipality, it was entitled to run services for its citizens, no matter what other service might have been established by other operators.
Mr. Morgan said his case was that, so far as this route was concerned, the corporation did not trespass on the company's territory.