BILLIARDS DURING WAR.

New Zealand Herald, Volume LIII, Issue 16337, 18 September 1916, Page 6

BILLIARDS DURING WAR.

REFUSAL OF A LICENSE,

COUNCIL WINS LAW CASE,

[BT TELEGRAM.— CORRESPONDENT.] GISBORNE. Sunday. The action of the Cook County Council ill declining to issuo billiardroom licenses during the war formed the subject of a civil action at the Supreme Court, before Sir Robert Stout. Arthur Thatcher, ol Hauiti, picture house proprietor, proceeded against tli6 Cook County Council on a mandamus to compel the council to issuo a billiardroom license. His Honor, in delivering judgment for the council, said the granting of such licenso was not, under the by-law, a mere matter of course. The County Council had discretion. It could not bo said that applicant had any right to a license, any more than any other resident of good character. It was quite optional for the council to grant or refute a license. Good reason might bo given for refusing to enlarge the number of public billiard saloons." Thoy were merely houses for sport for our young men, and it might be that the council thought that our young men in these times of strain and stress could he better employed in drilling or working than in. plaving billiards. The Courts had recognised that their procedure in war time must be modified. In the case of tht* probate 'division of tlio Hit'h Court of England, Mr. Justice Bargrave Dcane had said the ordinary practice could not bo allowed to prevail over the exigencies of the public service in time of war. It cannot, therefore, in my opinion" said the Chief Justice, "be said that) existence of war is not good ground for restricting personal liberty, and for doing those acts which may lead to the greater war efficiency of citizens. Hence the ro« fusal of a license for a public billiard saloon at Hauiti was not without jurisdiction, and was not an improper eiercisa of the discretion given to the County Council bv the by-laws of the county. Judgment'must, therefore, be for the defendants, with £10 10s costs and disburse, ments."