References: W.D.C.598/41 X.36122 ROL/VMJ
Mr. Timbrell.
This is a claim in respect of the premises of the printing side of the business; the facts are in the papers attached, relating to the hearing before the Special Commissioners.
It has been agreed at that the Syndics are only a Committee of the Senate, and the Senate being the governing body of the University the property must be held for the purposes of the University. It is used for the trade of printing and publishing, which was held by the Special Commissioners to be one which is not exercised in the course of the actual carrying out of a primary purpose of the University.
This is not quite the same wording as that in Section 39 of the War Damage Act, which, for relief from contribution to be given, requires that the premises shall be "used in any manner for or in connection with the carrying out of the purposes for which that interest is held."
This is, I think, wider than the wording of the Special Commissioners' decision, and that decision was, undoubtedly, one of some difficulty, (it will be observed that the Special Commissioners reserved their decision in the first place), and perhaps the extra width of the War Damage Act provisions would be enough to bring the case over the line; if so the two-thirds relief would be applicable.
I feel some doubt, however, particularly in view of the element of commercial competition to which reference is made in my interview with the Secretary of the Press on the 25th January, 1940, and should prefer to refuse relief.
[handwritten note in margin]
Secretary W.D.C.
You will probably wish to see this case which is the first of its type to come to my notice. I am for refusing relief on the ground that use for "printing and publishing for the outside world" (S.C.'s decision of 22/11/40, flagged) is not such a case as will satisfy S.39(1)(c) W.D.A., 1941
1st September 1941