CHINEMURI LICENSING COMMITTEE.

Gisborne Times, Volume XXVII, Issue 2469, 6 April 1909, Page 3

CHINEMURI LICENSING COMMITTEE.

--■ ■ COURT OF APPEAL PROCEEDINGS. [Peb Press Association.] WELLINGTON, April 5. To-day the Appeal Court commenced the case of Cock and others v. the Attorney-General and Mr. Justice Sim. The Bench consisted of the full Court, with the exception of the Chief Justice. The ease was a motion for prohibition, for certrorari and for injunction, removed by- consent and by order of Mr. Justice Cooper into the Court of Appeal for argument. The plaintiffs were the elected members of the Ohinemuri Licensing Committee in June, 1900. On 27th February, 1909, His Excellency the Governor, acting by and with the advice and consent of the Executive . Council, appointed Mr. Justice Sim commissioner to inquire into certain charges of bribery made against the plaintiffs while; members of the Ohinemuri Licensing Committee. The recital in-commission was as follows: “Whereas it has been alleged in connection with application made to the Licensing Committee of Ohinemuri in or about the month of June, 1900, by one Maurice Goggan Power for grant of a license in-respect of premises situate at Waihij. in iitiu of his then existing license in respect of premises situate at Paer-ba, money was paid to several members of the'committee as bribes to support the application.” Plaintiffs moved the Supreme Court for a declaration that the commission was null and void on the ground that tlie Governor--in-Council had no power to issue a commission to inquire into an alleged criminal offence, and that the commission was consequently illegal. The plaintiffs also claimed a writ of certiorari te quash the commission and writ of injunction or writ of prohibition to restrain, Mr. Justice Sim from proceeding with the ’ commission upon the same grounds. Messrs fekerrett, K. 0., Baume. K.C.. and Luckie, for the plaintiffs; and Messrs M. Chapman, K.C., and D. M. Findlay for the defendant, agreed to submit the following questions- to the Court for decision : (if Was che Gorernor-in-Council authorised under the Commission of Inquiry Act t-o appoint Mr. Justice Sim to inquire into and report (a) upon .the charges of bribery ’recited in the commission, or '(b); as to the necessity or expediency. of any legislation in the premises as " mentioned in the commission ? (2) Assuming that the commission had .been a; Royal Commission under letters patent, was the Governor authorised to appoint Mr .J ustice Birin ter make - the, inquiries set out above? (3) Has Mr. Justice' Sim authority, either under the commission-j>r. under ■a. Royal. Commis- ; sion to exercise the - powers which tlie, to gk KbUy