THE ANTI-SHOUTING REGULATIONS.

Press, Volume LII, Issue 15768, 8 December 1916, Page 8

THE ANTI-SHOUTING REGULATIONS.

DISQUALIFICATION OF BAR ATTENDANTS. CLAUSE UPHELT> BY SUPREME COURT. (rriESS ASSOCIATION' TELEGRAM.) AUCKLAND, December 7. The Supreme Court to-day heard a motion to determine the validity of the regulation providing for the disqualification from employment in a similar capacity for a period oi : six months of any bar attendant convicted of a breach of the Anti-shouting 'Regulations. After argument, Mr Justice Hosking upheld the clause, and declined to declare it ultra vires. The originating summons was brought by Winifred Haekett, a barmaid, against John Landc-r, Sergeant of Police, and the Solicitor-General, asking that the regulation be declared ultra vires, l'iaintilf had been charged in the Magistrate's Court with breaenc- s of the regulations, but no decision was given pending the testing of the penalty clause. Mr Singer, for the plaintiff, relied on the argument that while the Governor-in-Council had power to fram e war regulations, he had no power to inflict punishment. Tho Hon. J. A. Tole, for the respondents, submitted that disqualification Avas not part of the penalty, not even part of the conviction. It might have the effect of being a sort of punishment, but ho contended that it was just a precautionary measure, and simply followed as a. consequence of a breach. The Licensing Act contained similar provisions. • His Honour, in giving judgment, said disqualification was not an additional penalty, but rather disqualification of a certain class of persons, the whole of which class might have been disqualified from 'following their particular pursuit if the Goveraor-in-Conncil was of opinion that such a step was necessary or expedient for securing tli© public safety or in the interests of the Dominion, or was for the effective conduct of the military and naval operations of the country. The. framing of the regulations was left absolutely to the Governor-in-Council, and it was not for the Court to enquire into the propriety of the regulations. • Leave to appeal was given. I