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Taranaki Daily News, 19 June 1920, Page 4

AN IMPORTANT DECISION. The decision of Mr. Justice Chapman in connection with the action heard at the last session of the Supreme Court, in which an injunction was sought to restrain the Borough Council from erectin? public conveniences in Brougham Street, will be received by the public with general satisfaction. For the past eight years a few property holders in this little used street have been able practically to hold up the council from carrving out an essential work because of Hie mistaken notion that their properties would toe depreciated by the existence near by of the conveniences. In the early stages of the movement tliey were assisted and encouraged in their opposition by the weakness and vacillation of the Council, which should have taken action and defied them. The learned Judge, in his judgment, show clearly that the interests of the comDiuiiitv must, in a case of this come before tho*e of a few; moreover, tliat the existence of the conveniences cannot be regarded as offensive, and therefore inimical to business interests in the neighborhood. "The Council," ho rightly contends, "is charged with discretionary duties with respect to the health, comfort, and convenience ot the inhabitants," 1 and "unless there is shown some violation of the rules which should guide the exercise of this discretion, the court ought not to step in and interfere with it" in respect to the location of tho conveniences. The court's vindication of the public's rights in this matter should lie helpful to other local bodies who may be similarly bluffed by interested parties. It is hoped the council will now lose no time in establishing the conveniences, the lack of which has for years been a reproach to a town of the size and important® of New Plymouth,