The Milton By-Laws.

Manawatu Herald, 14 October 1893, Page 3

The Milton By- Laws.

Some -issues ago we pointed out that the Premier, if he really disap. proved of the action of the Milton Borough Council would have to introdice a Bill'to give effect to his wishei, as simply releasing persons con Yictfed under those by-laws could not go on for ever. During the last days of the session the Hon Mr Reeves introduced a bill intituled An Act to declare invalid certain By-laws made by Local Authorities. Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :— 1. The Short Title of this Act is " The Local Authorities' By laws Act, 1898." 2. Every by-law made by any local authority prohibiting absolutely cr without leave of such authority the playing of musical instruments by any person or by any persons conjointly, and whether or not as part of any procession, in any street, road, or public place, shall be deemed invalid, and is hereby rescinded. Nothing herein contained shall be construed to permit the playing of musical instruments in manner so that the public traffic in any street, road, or public place shall thereby, or in consequence thereof, be stopped or impeded. This Bill the legislative Council would not accept. On Friday last, the Post reports, in the course of his speech, the Premier expressed . his regret at the Council having thrown out the By-laws Bill. There was, be said, now no alternative for the Government but to be guided by the wishes of the large majority of the House, expressing as it did the opinion of the people of the country. Two courses, were open, One was to eocjend ,tho clemency of the Crowi|; the other, the constitutional courseTjwas to pass an Act repealing tha by-laws. That had been refused them, and he would not be prepared to extend the clemency of the Crown in future, but they should know whether this by-law was ultra viret, as if it was, it was not right to have branded as gaol-birds those who acted from religious conviction. He would, therefore, be fully justified in getting a test case taken to see what the legal position was. The Government would be justified in doing this, and if the by-law proved to bfr ultra viret the wish of the House would be carried ont by the Supreme Court. The end remains to be leen.