§ MR. MARKHAM (Nottinghamshire, Mansfield)I beg to ask the President of the Local Government Board whether his attention has been drawn to a judgment of the Lord Chief Justice, on 26th April, in the appeal case of the Star Omnibus Company, Limited, v.the Mayor and Borough of Camberwell, in which the learned Judge reversed the decision of a Metropolitan magistrate who had fined the plaintiff company for emitting smoke from a motor 'bus caused through negligence of over-lubrication on the grounds that, as the said 'bus exceeded three tons in weight, Section 30 of the Locomotive Act of 1878 did not apply, and that the Heavy Motor Car Order, 1904, placed motor 'buses outside Section 1 of the Act of 1896; and if he will, in view of this decision, cancel the Order of 1904 in order to prevent this nuisance.
§ MR. JOHN BURNSI have seen a newspaper report of the case referred to, but I do not gather from it that the Lord Chief Justice stated that the Heavy Motor Order placed motor omnibuses outside Section 1 of the Act of 1896. Its effect was, in fact, to bring them within that section. The difficulty in the matter arises out of the wording of the section, and this could only be altered by legislation.
§ MR. MARKHAMIs it not the fact that as a result of the decision motor 'buses are now able to emit smoke and do not come under any penalty for doing so?
§ MR. JOHN BURNSMy hon. friend will forgive me if I do not return the Answer he would like, but when the Lord Chief Justice and the magistrate disagree on a technical point like this a humble layman like myself cannot instruct them.