Evening Post. MONDAY, MAY 4, 1891.

Evening Post, Volume XLI, Issue 104, 4 May 1891, Page 2

Evening Post. MONDAY, MAY 4, 1891.

HE POWERS OP LICENSING CO MITTEES. eie Prohibitionists who have carried 1 oensing elections in Oamarn and Sydi .m will probably have to defend in i mrta their legal right to carry out th ogramme of closing all tho public-houi their distriots. They have been elect a judicial position and are bound to di th the caaes hrought before them in dioial manner. It is not tbeir provir mako the law, but to administer it as a baen made, and as tho Legislature I peoially refrained from oonferrins on t tepayers tho right of direct local opti la scaroely to be assnmed that it intend give the power indireotly, through t sotion of Committees to administor t st. The vory meana by whioh the Pj bitioniets succeeded in carrying t iotions, the avowed intention of t icted candidates to close all houses a: rendor the Act authorising the issue lenses a, dead letter, in pursuance of Econoeived general determination, in BOtive of tho merits of particular case <y have the effect of oansing thorn to ■ Sopped in giving effect to their polio [important deoision on the powers of tho sted with statutory duties in regard 3 issue of licenses has recently bei ren in England. It was an a vl from the Court of Appeal > House of Lords, on the questit whether licensing Justices possess a di itionary power to refuse to renew snsa because they think there is no long* j neoossity for a licensed bouse in tl ghbourhood, or beoause the promises & note from police supervision. The Horn Lords held that the granting or refusal i snses or renewals was within the di tion of the Bench, but this deoision wi en with qualifications. The Lord Cha: lor, in delivering judgment, remarkt t ' tho power confided to the Justices i ir oapaoity as Justices was to be oxeroise ioially, and their ' discretion ' mean en it was used, that something was to I 10 according to the rules of reason an tice, and not to private opinion — accon to the law, and not humour. It wt i to be arbitrary, vague, or fanoifu i legal and regular, and it mm exercised under a limit to whioh a iest man, competent to tho dischars his office, ought to confine himsolf. is definition of the discretion of th nsing authority would sqem to preolud refusal of all licenses, in pursuance < ition pledges given, or opinions formed hont taking evidenoe. Such refus* ild not appear consistent with " the rule eason or of justice," or according to law opposed to humour, but distinct! rbitrary, vague, and fanciful," ani arding to " private opinion." The whol

of the Law Lords were clear thatlicenses could not bo refused on other than reasonable grounds and in a strictly judicial manner. The Lord Chapoellcr emphatically stated " that a diforotion which empowered JußtWeii to grant lieoneos to innkttepei-Bi as In Ine csoroiao of their dlscrbtfon they thougbt proper, would toot be exercised by jcomiugito * general ret!6lutidn rp.insi} a license to fenylfody who would not oonaqnt to tase out an Kzcue license iTort^e lalo of apirita." A'h^ b'c added \ '"nia Lfgislature has given •orcdit .to v *'io macristratta for exoroi»icg a t^ioial dncrotiont,bat they will foHy d:c:de th(s questions submiltcd to thpm, and not hi evasion* attempt to repeal the law which V r Tmxtt Ijublicnoußeß to exist, or evade it by y, j/lain exposition of tho veaEOaa ct which they act." Thia ie piwcis-ly ftdaD^d to th'o circuraatanoos oC tad t*iO c'iisos \qo hayo inoationed— OS,rfiaWiahasyde'nham. Another CiC the •fln.dtfefc, Lord HXkken, remarked:,— • ' ftjst&uces have bewi brought before tW oapericA: Court wheryjustic'-js fca^eaipressed and nc^'od upon a f/et'erdt inltnlion with 'regard Io all licwp, whereas it is their duty to consider each individual cats on its ov.n, ■ &))»cicl merits." These principle^ apply 'equully to the Commifctcca in New Z.alatd as to t,he Licanaing Magistrates in Koglund, would ,doubtles.% bo applied to the mtoi - prijtatlQn of .the law here ia any case brought boEorn Siolemo I'ourt. If bo, tho ProI kji'^tiiniats will probably not find it quite fo 1 e<*3y as they expect to carry their extremo views into effect.