Witness went on to say that there were seven issues brought out in this way and that although the' "Courier" was usually ready by 5. v'elock, owing to the action of the Council sometimes the paper was: not on the streets until 11 o'clock! in the morning. "As a result the circulation decreased but only after the first week, during -that time the circulation "remained more of ess the same. It was only after! the first week that the circulation decreased, Cross-examined by Mr. Fes-sender, witness said that he was not authorised to state the paper's circulation. Mr. Char here interposed and said that witness might. state what had been the drop circulation and witness. said about twenty per cent. Witness had had. occasion to examine the electric wires connected; with the press motors and the lighting and could say that there were two separate switches and lines, Mr. Char then offered the clectricity "contracts in evidence and they were duly accepted as exhibits, After a discussion between counsel and the Court regarding another witness which Mr, Char proposed to all on the question of damages but who was unable to be present: yesterday, Mr, Char addressed the Court.
He said that_his clients had refused to pay the increased rate of 16 per cent. and at that time there was a bona fide dispute between the Council and Chinese ratepayers this point, Mr, Fessenden:—I do not agree that there was a howd fide dispute—some Chinese refused to pay the rate. I" admit that there was a general refusal, An American Corporation Mr. Char said that the principal point' was whether the Council had. the right to cut off the power and light, "It was well known that there had been a persistent warfare between the Council and the Chinese.
Mr. Cunningham:—What hax that to do with the pleadings. You are speaking now on behalf of an American corporation.
Mr. Char then argued that there had been a systematic campaign against his clients. The Council had not cut off Wing On's or. Sincere's current, but they" had companies Court] brought an a inst these)
and had of That was the course which the council should have pursued. in their case against the "Courier." By. curt off the light current they had killed the life of the paper and, continued counsel, "if you kill the: newspaper, you kill indirectly the freedom of the press—you cannot muzzle the press and that was what the Council has attempted to do."
Counsel then quoted from the law and reported cases at great saying that the Council ing: in a dual capacity. When selling electricity they were acting in a commercial capacity and in a proprietary manner, Ie contended that the conditions on the: back of the electricity contract referred only to non-payment of electricity accounts and that the non-payment of land tax or any. other tax had nothing—to.do with the ease. But, continued counsel, tion stated that if any obli to the counsel in the way of tax payments were unfulfilled then the council reserved the right to services. "I contend,"
continued counsel, the non-payment of land tax any other tax is entirely outside the question of electricity accounts and has nothing at all to do with the electricity department. They] must supply current if electricity accounts have been paid to date. The land tax has nothing to do with iw
Text read from the printed page and cleaned; old type leaves the occasional error.