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Wartime blackout restrictions for neon court article.

Port Macquarie News and Hastings River Advocate (NSW : 1882 - 1950), Saturday 6 November 1943, page 5

POLICE COURT.

PORT MACQUARIE, NOVEMBER 2

Before Mr. E. R. Harvey, P.M.

Application by E. Hatsatouris and Sons for cancellation of a neon sign at the Ritz Theatre, Port Macquarie, with Scanlons. Mr. P Sheridan appeared for applicants and Mr. H. R. Bushby for the respondent company.

Peter Hatsatouris, sworn, deposed: I am a member of the firm of E. Hatsatouris & Sons, and tender contract for neon sign with Scanlon’s New Neon, in respect of an exterior neon sign at the Ritz Theatre, Port Macquarie. Prior to the banning, of the use of the sign by regulations, it was useful. We are not allowed to use the sign now, and it is of no use to me. On these grounds cancellation of the contract is sought. The contract is impossible of fulfilment and I consider it inequitable. A second application in regard to a contract with Claude Neon Ltd., was made on the same grounds in respect of a neon sign at the Civic Theatre, Taree. Regulations prohibit the use of the sign. Cancellation of the contract was sought. To Mr. Bushby : In addition to the sign “Ritz,” there is 100 feet of un-der-awning lighting. The latter lighting could not be used. We are using coloured lights in the top ham-per. They don’t throw as much light as the neon lights. The top hamper lights were off for some time. They are put on about 7.15 In the winter time and about interval in summer time. I don’t know this light is not permissible under the control of electricity regulations. The “Ritz” sign is readable in the day time. Takings have decreased since 1938. The Civic Theatre, Taree, was opened in November, 1941. The sign was used for a month before regulations precluded its use. There is no other sign on the building to indicate it was a picture show. The sign indicates in the day time it is the Civic Theatre. Everyone knows it is the Civic Theatre. The sign is not valuable for advertising purposes during the day. The under-awning sign at Taree was never completed. Two tubes are missing. The Taree business has been building up. £7/18/4 was paid on this contract, but the rental was not paid. The total liability under the contract is £219. To Mr. Sheridan : The sign “Ritz” is of no value without being alight. Similar conditions apply at Taree. The tube lighting at Taree was never completed and has not been alight. The under -awning sign at Port Macquarie is out of order. If the regulations were lifted neither the sign here or at Taree could be used. To Mr. Bushby : The sign has been out of order. I notified the local agent. The picture, show conditions are not improving generally in all towns because of war conditions. Cecil William Alexander Champ-ion, sworn, deposed :

I am credit manager of Scanlon’s New Neon & Claude Neon Ltd. The “Ritz” sign was visible for a considerable distance. The colour was a cream background with large coloured letters. It has a definite advertising value to me in the day time. The under awning neon tubing could have been used during portion of the day. The company had not received word, to my knowledge, that the sign was not operating.

The “Civic” sign at Taree is visible in the day time, and would have the effect of designating the premises as what they are. There is also an under-awning sign at Taree. The signs and tubing for Port Macquarie and Taree were both made to order . Detailed figures as to costs, etc., were given, amounting to £191 odd, and amounts paid. Similar figures were given in regard to the Taree contract. The black-out regulations stopped the manufacture of signs. The company’s income is practically from rentals only. Cancellation of these contracts would mean hardship on the company. An offer was made by the company to reduce the rental and extend the term of contract to cover restriction regulations. The offer was not accepted, and proceedings were instituted. I ask for an equitable adjustment of and not cancellation of the contract. To Mr. Sheridan : Restrictions on neon signs affected the company’s business. They would more directly affect my business than the picture business. With the removal of the signs there would be no designation of the building. Picture theatres have been patronised freely during the period. The signs were made to their design. I agree the contract mentions a neon sign. Gas would be one of the patents. Since February this year none of these signs could be used. Quite probably the under awning tube had been repaired a number of times. A local man would probably attend to it for the company. I can’t contradict that the Taree under-awning sign was never alight. To Mr, Bushby : The company has

a number of patents: regarding its signs. The P.M. said that in both cases he was satisfied the sign was of some value and he would not cancel the contract . The: parties then conferred as to an adjustment of the contracts. By consent the application was withdrawn- and the cases settled in terms filed in court.