ANTI-SHOUTING.

Sun (Christchurch), Volume III, Issue 883, 8 December 1916, Page 8

ANTI-SHOUTING.

THE REGULATION UPHELD. Press Association. AUCKLAND, December 7. The Supreme Court to-day heard a motion to determine the validity of the regulation providing for the disqualification from employment in a similar capacity for a period of six months of any bar attendant convicted of a breach of the Anti-shouting Regulations. After argument, Mr Justice Honking upheld the clause, and declined to declare it ultra vires. The originating summons was brought by Winifred liackett, a barmaid, against John Lander, Sergeant of Police, and the Solicitor-General, asking that the regulation be declared ultra vires. Plaintiff had been charged in the Magistrate's Court with breaches of the regulations, but no decision was given pending the testing of the penalty clause. *i\lr Singer, for the plaintiff, relied on the argument that, while the Governoi'-iu Council had power io frame war regulations, lie had no power to inflict, punishment. The lion. J. A. Toole, for the respondents, submitted that disqualification was not part of the penalty, not even part of the conviction. It might have the effect of being a sort of punishment, but he contended that it was just a precautionary measure, and simply followed as a consequence of a breach. The Licensing Act contained similar provisions. His Honour, in giving judgment, said disqualification was not an additional penally, but rather disqualification of a certain, class of persons, the whole of which class might have been disqualified from following their particular pursuit if the Governor-in-Coun-cil was of opinion that such a step was necessary or expedient for securing the public safety or in the interests of the Dominion, or was for the effective conduct of the military and naval operations of the country. The framing of the regulations was left absolutely to the Governor-in-Couucil, ami it was not for the Court to inquire into the propriety of the regulations. Leave to appeal was given.