SYDENHAM LICENSING COMMITTEE.

Temuka Leader, Issue 2213, 11 June 1891, Page 3

SYDENHAM LICENSING COMMITTEE.

. In the case in which the above committee' was concerned Judge Dennistou delivered judgment last Tueeday. The judgment was very long occupying over tb«ee columns of the Christchurch papers and wee to the following effect :—His Honor held that there has been no irregularity in the appointment of the Returning Officer, and said that be was usable to att«ob7*ny weight to that part of the plaintiffs’ notion which asked that tbs defendanls might be prohibited from acting ea a Licensing Committee on account of their haVutg made an illegal agreement with those who elected them. At the same lime ho did not think the defendant’s ;?iew of the law—that the majority in any district had the right to determine whether eny licensed bouse wasnecesaary for the sals of liquor—wae correct, Ha made an order restraining tbs defendant from refusing the licenses on the gronnd they were not rsquried “by the' majority of . lbc residents. As the defendants had succeeded in the substantial part of the claim, his Honor thought there should bo no costs. Mr Osygili, for the Committee, obtained leave to appeal. The effect of the judgment therefore is that the committee are proparly elected for three years* but they are declared by the judge to bo possessed of no legal power to Close public houses, on (be ground that they are odt wanted. They can close the houses for of the licensing act, but not otherwise* The question Is yet to ha fought but in the Appeal Court, when it will <be finally decided as to whether the pressot law gives power to prohibit the sale of intoxicating drink or not.