ANTI-SHOUTING.

Northern Advocate, 11 December 1916, Page 4

ANTI-SHOUTING.

Tilt: HTIIK'H OF THK POSITION.

cxpor.xDC!) i.'.y hosking. In Aiioklnnil on r l , )iursday Mr .Justice Jloskiu;: dolivori'd in the case oi luiruKud cliar,oe,| with a brcacdi of tl>c> "anti-shontint;- rr^ulatious" In bis His lionour said: "It is not because this is war time that v more extended interpretation is to he juveu fo Acts of Parliament, because tin 1 same interprotnli'»n must prevail in times of vee.r as in times of peace. The legislation in question is of a special kind. It is eoncoived in the interests of the public safety, the defence of New Zealand, ami the effective conduct of the war. its unusual and comprehensive terms indicate that Parliament considered that, while it was not in session, there must be authority somewhere to act as with the authority of Parliament to meet the exigencies oi the moment. The ultimate issue at stake is whether we are to maintain our power as a community to govern ourselves, or fo m.-.ke laws at a!!. To the end, and in the circiunsl a nees mentioned, th•• power-; referred to have been .uiofii to the Govcrnor-in-Council. ami on the grounds staled are, in my opinion, pre-eminently powers to which that large and libera! interpretation should be given which the Acts Interpretation Act prescribes. " Now. these powers authorise the Gov-ernor-in-Coiincil to prohibit acts which in his opinion ;: ,- e injurious, and in regard io : !>o oinoo ,• ;s ; on of '' { reti ting and other metiers, to make -io-h regie hn ions as he think, doi-orob'o The kMlgoo; c removes from the f'o:ii-Ss Jijl eoinpe'.en.-e !o pronounce upon the advk.ak'eee, • or propriety of any particular regulation. In other words, the Courts eaunoi to,', the opinions of the Gre'ev'oii'-i'o' 'on ;oil. or«what he considers advisable The Court would be competent Io de<d'ire the regulations ultra, vires only in sU'-h case where il appeared 'ha! ike regula ! : eos could have no! kin.: ;<» do v. ilh the objects for whief. t !■■■•- v eir authorised fo be made. In my n;»'rig it is impossible to say that a regokitien prohibiting a certain class of |iersons from pursuing the calling of selling liquor, or serving iv a publichouse, for a given time, is, under the existing conditions, not revolant to the public safety, the effective conduct of the war, or the suppression of treating. The regulation is, on a fair view, not to bo regarded as imposing an additional penalty, but as prohibiting a certain class of ads on Hie-part of particular person- 1 . "It is open." concluded His .Honour, "!ii- proper means and without awaitin •_; ." no o! ing of Parliament, to seek a. repeal or modification of regulations that mnv be considered unjust, or oppressive, but if is beyond the competency of the four! fo interfere with them on i hose grounds. "