DOMINION NEW.

Stratford Evening Post, Volume XXXVI, Issue 28, 7 June 1913, Page 6

DOMINION NEW.

no appeal,,in licensing cases [Peb. Passs' Association.] Wellington, June 5. The Minister of Justice, the Hon. \A, L. Herdman, has declined to interfe>e in the case of Mr J. R. Quinn, who was recused a certificate of ?t----ness by Mr Barton, S.M., to hold the licence of the Record Reign Hotel at Gisixirne. ■ • A petition was sent to tho Minister signed by ihe heads, of mercantile firms\, of the Borough Cottijpi^&' i:^|td,by> leading professional iuid;,Mi&e|s'm6n;:also. by. some.of the No-li,oense Party. th© fact that no ajajpeal; lies from, -the decis.jon.ff/ the MriQainn wilt, be ,nflder' & grave., injustice unless W is given an; opportunity of having a further' application heard before a appointed by , the Department.

This raised* the important question of principle, whether, any circumstances, a Magistrate should be interfered with by-Ministerial or Departmental heads in his administration of* the law, and the Minister has decided that he will not do so. It is, unfortunately for Mr Quinn, quite clear that there is no right of appeal from the Magistrate's decision in licensing cases. Tnis point was decided by Mr Justice Edwards a few years ago, in the case of Martin v. Barton, curiously also a Gisborne action. The Judge-declared that, so long as a Magistrate hears evidence, and arrives at a decision after, 'an inquiry regularly and properly; conducted, and that; having adjudicated properly, a Magistrate; is under no obligation to reopen a question.