A TEST CASE

Wanganui Chronicle, Volume 72, Issue 290, 6 December 1929, Page 9

A TEST CASE

THE PRIVY COUNCIL ATTITUDE OF FREE STATE FENDING LOCAL BODY APPEAL £Bjr Telegraph—Preffe Association—Copyright] Received Dec. 5, 10 p.m. LONDON, Dec. 4. The Free State’s attitude toward the Privy Council is likely shortly to be tested owing to a pending appeal in which the Bray Urban Council is concerned. Bray is - seaside resort near Dublin. During a carnival in 1926, the Council’s band allegedly played selections of “Lilac Time,’’ also the old-time waltz, 44 Venus on Earth.” The per. forming Rights Society brought an action for infringement of copyright and won the case in the local Court, but the Supreme Court reversed the decision. Hence the appeal to the Privy Council.

In the House of Commons, on a motion for adjournment, the Marquis of Hartington called attention to the right of British subjects overseas to appeal to the judicial committee of the Privy Council. In view of the statement by the Minister that the Irish Free State no longer intended to respect the jurisdiction of that final court, the Marquis hoped that Mr MacDonald would make a decisive announcement on the matter.

Mr MacDonald, replying, said that appeals to the Privy Council were discussed at the Imperial Conference in 1926 and referred to the next conference. The Government expected that if any Dominion Government desired to go beyond that open and unsettled position, “it should communicate with the British Govern inent.