MUSIC AND DANCING IN PUBLICHOUSES.

New Zealand Herald, Volume V, Issue 1402, 15 May 1868, Page 3

MUSIC AND DANCING IN PUBLICHOUSES.

■Before the defended cases were called on at the Magistrate's Court yesterday, the subject of music and dancing in publio-houses was brought before the notice of the Court.

Mr. Brookfield paid, X have to call the attention of the Court to a most extraordinary petition whioh has been presented to His Honor the Superintendent and the Justices of the Peaco of the Province of Auckland, relative to musio and dancing in jicensed houses. Mr. Home, and whoever have signed it, .have shewn a most utter ignorance of the law of the land. I will rend the petition. (Petition read. It has already appeared m the columns of this journal.) It is a most beautiful production to emanate from anvbody, and the most extraordinary part of it is that it is signed by one of the Justices who appears hero very frequently. Whether he is one who makes a custom of enjoying a social glass and 11 quiet song in an evening after hiß day's work, I know not; but I thought it my duty todrawyour Worship'sattention to the matter, and to ask you if you think any steps should be taken to show these people that they are acting in direct opposition and ignorance of the law —in direct opposition to the law of the legislature of this colony. As I understand it, it is an attempt to over-ride tho law, and I hope steps will be taken to show these gentlemon that they seek to over-ride the law. Mr. Wynn : I am glad that my leained friend has drawn the attention of the Bench to this petition. I am perhaps better acquainted with the details of the facts than perhaps my friend iB. That petition was offered to me one day this week to be presented to tho Court in the absence of your Worship, to place it before tho Bench in a manner that at once led ite to totally refuse any interference in the matter. The petition is signed in the first instance by a Justice of tho Peace, a magistrate who was presiding in the Court that very morning, and to whom that petition was to bo presented. The petition purported to be signed by " soldiers, sailors, tradesmen, and others, who, after their daily labours, were accustomed to resort to an hotel to recreate themselves." It appears that the only business he (the magistrate) did was to preside in this Court. He therefore signed a petition to himself to bo allowed to recreate himßolf when his day's work was done, and to keep him out of bad company. Probably he may need such an inducement to leave his bad company. But it appears to mo that neither yourself nor your brother Justices ought to sit together in the administration of tho law with a gentleman who will so demean himsolf, and sign such a petition, and send it to Bis Honor and ask him to give his 'assent to it. He is not a man fit'to sit here and administer the law, and I do hope that; every Justice of the Peaco will icfuse to sit beside that gentleman when he attempts to administer the law here. If tho law is pernicious let it be altered,but as long as thelawstands asit iB, lapprehend that it must be carried out in its integrity. Thoro is also a sneer against yourself contained in the petition signed by Dr. Home, in the words '' this has been done as an edict bj* the Resident Magistrate." It is needless for me to say that that edict was not an edict": of the magistrate, but a declaration of the law of which you are tho mouthpiece. When that decision was given, which the petition calls an edict, I believe Dr. Horne was then on the Bench, and Dr. Home was told that tho Bench acquiesced in wh it your Worship declared was the law. And hero in this petition the Justice of the Peace who signß the petition—whose name is Dr. Horne—tries to throw a slur on the decision, by calling it an edict of tho Besident Magistrate, and then that sime Justice of the Peace came here and sat on the Bench on purpose io receive tho petition. Fortunately there wa9 another Justice of tho Peace on the Bench who refused to have anything to do with the petition. It is a scandal on the Court, and ought to be stigmatised as such.

Mr. Beveridge said he quite concurred in the remarks which had fallen from his learned friend, and could add nothing further to what ho had so well slid.

013 Worship said, I am very glad indeed that public attention has been drawn to the petition, because judicially I have no knowledge of such a thing. I have seen a copy of it, as it is published in every newspaper in the Provinco. I must confess that when I saw this petition I was struck and horrified to find that any Justice of the Peace could eo far forget himself as to eign such a dooument, because not only did it convey a gross insult—if such a thing could come or emanaie from euch a persou—to myself. but it is also full of untruth. There is no doubt of that, and that individual must have known well that there was scarcely one word of truth in it. What step can be taken just now lam not aware ; but there are two courseß open. If that petition can be presented, it will bo accepted and acted on very readily and quickly. The plan to be pursued will be first to call a meeting of magistrates in order to express their opinion on the matter, and to declare that they will or will not sit with him on the Bench again. Probably that would not bo an unwise course. If the magistrates decide not to sit with him again, then it will be the duty of the chairman of such meeting to bring the matter undei the notice of the Government in order that it may say whether or not that person is fit to remain on tho commission of the peace.

Mr. Wystn : Another course will perhaps be taken. The petition is addressed to the magistrates as well as to His Honor. Probably His Honor will thiuk fit t<> inquire from the person signing it whether that is the Justice of the Peace's signature. If so, the Government will take such steps as may show whether he is fit to sit on the Bench.

His Worship : It will be as well t,o ascertain formally if it is Mr. Home's signature (of which there can be no doubt). Th« statement made by the Dfitition shows an ignorance of the law. A Bench of Justices of the Peace iB competent at any time to swamp my decision at any day, but they must distinctly understand that the responsibility rests with them. Ans* Justice of the Peace signing these permits will be responsible for any immorality arising therefrom. Mr. Wysjt : Perhaps it would strengthen tho Bench to know that it has the sympathy of the Bar in the matter. His Honor: The Bench is obliged ; and the Bar deserve the thanks of the public for the course they, have taken. The mailer then dropped.