LICENSING POLL.

Gisborne Times, Volume X, Issue 957, 1 August 1903, Page 2

LICENSING POLL.

—•>- MANDAMUS REFUSED.

By Telegraph—Press Association. Wellington, last night. Tho Full Bench of the Supreme Court, by a majority of one, refused a maudamus to compel the Newtown Licensing Committee to issue licenses.

In the Newtown case the judgment of the Court was that the Committee had no power to renew licenses and a mandamus could not be issued. Tho Chief Justioo Baid it was not sufficient to hold a poll; there must be determination, and there was none if the poll was declared void. Tho words of the Act wero: " Until olectors have previously determined,” and he could find no authority enabling the Court to set the plain terms of this section aside. Tho Ccmmittoo had no jurisdiction, and the application must bo refused. Judge Denniston commented strongly on tho omission of legislation to provide for a difficulty caused by the voiding of a poll, but the Court could not supply its omission, though the consequences might be most portentous. Judgo Cooper concurred with Judges Stout and Denniston, and Judges Edwards and Conolly dissented. The mandamus was therefore refused by a majority of one. The judgments were lengthy, and the delivery occupied till 1.30. Leave was granted all the licensees to appeal direct to the Privy Council.

THE JUDGES’ OPINIONS. By Telegraph—Press Association. 'Wellington, last night. In the Newtown case, of the fivo judges who heard it, three, the Chief Justice and Judges Denniston and Cooper, were of opinion that the mandamus could not be issued, and that it became the judgment of the Court. The other two, Judges Edwards and Conolly, wero in favor of direction on its issue. Judge Edwards read a very long judgment, in which he set out fully that gravo injuries were inflicted on the community by the lapsing of a poll, and pointed to some absurdities that would arise amongst others. He contended that Newtown would become a prohibited area for ever by prohibition being obtained in this way, also that the tenants could not claim the relief especially given by the Act for their benefit unless there was a .poll. Judge Denniston also commented strongly on the position arrived at by tho carelessness of the Legislature in not providing what was to be done when a poll was declared void, The fault was the law’s and not the Court’s, for the Court had no power to do what the Legislature had failed to do.

judge Denniston expressed sympathy with the licensees in with what he called the “ portentous ” consequence of tho state of the law, and hinted that it was the duty of Parliament to set matters straight at once. The judgment of the majority, as set out by Sir 11. Stout, hitched largely on the question of determination, as it was not sufficient, ho said, that there should be a poll. There must be a determination, for the electors stood in the place of the former licensing authority. The contention that tho law was satisfied if the determination came to was afterward set aside did not appear to him to have any warrant. There was no determination ever come to if the poll was declared void. There was nothing left to guide the Committee in the exercise of its function, and it was the mandate of the elector that tho Committee .must oboy. The section was very emphatic. Tho words were : 11 Until the electors of the district ' had previously determined.” They had not determined tho propositions if the poll was void. If they had determined any of the propositions, then this determination remained. The only question to decide really was whether as the terms of section 3 had not been complied with, the committee could issue renewals, and in his opinion it had no jurisdiction to do so. His Honor referred to section 2 of the Act of 1881, which gave power to hold a new poll. In his opinion it was still in forco. Another matter on which he was not clear, but was not called on to decide, was whether the Magistrate could declare a poll void. Judge Denniston also adversely criticised tho leaving of such important decisions solely to ono magistrate. In the application for a writ to quash the granting of new wholesale license by the Wanganui Licensing Committee, the Court (Chief Justice dissenting) found that suoh licenses do not come within the meaning of ordinary publicans’ license. The application was dismissed with 25 guineas costs.