THE NEWTOWN HOTELS.

Waikato Argus, Volume XV, Issue 6033, 1 August 1903, Page 2

THE NEWTOWN HOTELS.

NEWTOWN LICENSING CASE

MANDAMUS REFUSED.

(B? TBLEQEAPH—PBEB3 ASSOCIATION) Wellington, Last Night. A full Bench of the Supreme Court, by a majority of one. refused a mandamus to compel the Newtown Licensing Committee to issue liceoses. Iu the Newtown case the judgment of the Court was that the committee h id no power to renew licenses, and that a maudamus could not be issued. The Chief Justice said that it was not sufficient to hold a poil. There must be determination, and there was noue if the poll was declared void. The words of the Act were ' until the electors have previously determined,' and he could find no authority enabling the Court to set the plain terms of this section aside The committee had no jurisdiction, and the application must be refused. Mr Justice Denniston commented stroDgly on the omission of the Legislature to provide for the difficulty caused by voiding the poll, but the Court could not supply its omission through the consequences mutt be portenous Mr Justice Cooper concurred with Sir Robert Stout and Mr Justice Denniston, while Judges Edwards and Conolly dissented. The mandamus was therefore refused by a majority of one. The judgments were lengthy, and the delivery occupied till 130. Leave was granted to all licensees to appeal airect to the Privy Council,