The Globe. MONDAY, MAY 3, 1875.

Globe, Volume III, Issue 278, 3 May 1875, Page 2

The Globe. MONDAY, MAY 3, 1875.

The judgments of Mr Justice "Williams given on Friday, in the cases of Eeid and Groodyer, appellants from decisions of the Eesident Magistrate's Court, Christchurch, have doubtless been read with interest not only by the parties directly interested, namely, the City Council and the cabmen of Christchurch, but by the general public, who are indirectly concerned in the matter. Eeid, a licensed cabman, had been Convicted before the Eesident Magistrates of obstructing a public thoroughfare by remaining with his cab near the Criterion Hotel for a longer period than was necessary. A conviction against Goodyer had been obtained for wilfully destroying the property of the City Council, by removing a portion of a barricade which had been erected by the Council around a cabstand, he at the time of the commission of the alleged offence being without a license to ply for hire as a cabman. It was against these convictions that the defendants had appealed. The real question at issue was the right of the City Council to the control of the streets; it was in fact a struggle for mastery between the City Council and the cabmen. In the argument before the learned judge, every point that legal ability could raise, every technical objection that could be taken was taken, and many feared that once more mere technicalities would triumph over common sense and equity. The astute intellect of the learned judge, however, thoroughly grasped the merits of the cases upon which he had to adjudicate, and in a few lucid sentences he cleared away the fog of legal doubt and quibble with which they had been enveloped. In both cases the rights of the Ciby Council were fully upheld. In Eeid's case the conviction was affirmed with costs ; in G-oodyer's the conviction was quashed, not, however, upon one of the grounds affecting the rights of the Council, but solely because the Court below had omitted to assess the damages as required by the Malicious Injuries to Property Act, as well as to inflict a penalty. The learned Judge, however, refused to give the appellant his costs. Both the City Council and Eeid obtained leave to appeal to the Court of Appeal, and that is how the matter stands at present, so far as its legal aspect is concerned. And now as to the future. The City Council has since the judgments were delivered wisely resolved not to prosecute the appeal in Goodyer's case of which their solicitor had given notice, being satisfied that their rights had been upheld, and we think it would be well for the cabmen if in Eeid's case they allowed the matter to drop. It must be observed, however, that neither of these decisions touch the right of the City Council to regulate the cab fares by means of a bye-law, and it is upon this point that we are about to offer the cabmen some advice, trusting that it will be rec ived in the same spirit in which it is written. In offering this we are noi going to enter upon the quesiion as to whether the fares should not be settled between the cabmen and the public, but simply to deal with the case as it now stands. Let them for a time try the scale of fares laid down by the City Council, and if it be found that these fares are not reasonably remunerative, then let them in a respectful memorial lay their case before the Council, and we believe they will get

redress. If, however, the cabmen decline to adopt this course, but determine to go to law still further, rely upon it the verdict of the public will be against them. We remember some years since to have seen a picture in which a tall portly gentleman, a member of the long robe is represented as very complaceutly contemplating a fine fat oyster which he Is about to pop into his capacious mouth ; in either hand he holds a shell, which he is handing to two litigants who are standing by with rueful countenances, underneath is the distitch:— " A pearly shell for him and thee, The oyster is the lawyer's fee." It would be well for the cabmen to remember this before they take further action.