OHINEMURI LICENSING COMMISSION.

King Country Chronicle, Volume III, Issue 153, 6 May 1909, Page 5

OHINEMURI LICENSING COMMISSION.

The Appeal ''.>•,;;-• -.v. judgment in the Ohincmuri Commission case yesterday. The fir.-t question raised was whether *he Governor in Council was authorised by the Commissions of Inquiry Act, 1908. to appoint Mr Justice Sim to inquire into the conduct of members of the Ohinemori Licensing Committee. The latter were holders of judical office, within tbe meaning of the Act, and tbe position was therefore that the Commission was set up to inquire whether plaintiffs were guilty of a crime. Such a Commission was not authorited by the Act.of 1908. Tbe judgment goes into a Statute abolishing the Star Chamber and the Statute of Edward 111, providing that no man be put to answer a crime except in tbe manner prescribed by law. The authorities were uniform that in matters of crime a commission of inquiry was unlawful. That was the real object of this Commission. In no case could it be found that such an inquiry bad been directed undsr Royal Commission. Plaintiffs were entitled to the prohibition asked. No order was made as to costs, but tbe Court intimated that if it had power it would have awarded costs to plaintiffs.