There was no doubt that plaintiff had broken conditions 7 and 18, Mra Wright continued, and the Council was therefore entitled to withdraw his licence. In considering whether the Council had acted ina reasonable way in this matter, hho wished to call the court's attention to the letter written on August 15, warning plaintiff that the licence would be withdrawn, light cut eff and premises picketted. Things had gone an exactly the same after this warning, with the result that the warning was put into effect on August 22. As soon as the lights were cut off, plaintiff had installed oil lamps. If anything, his receipts had increased. The Council realizing that what had been done was useless, had decided upon the recommendation of the police, to put up a barbed wire fence on August 25, on the Municipal Road. Plaintiff had thereupon arranged that his patrons should come into the cafe from Keswick Road. A summons had been taken against him in the French Court, Mr. Wright pointed out that Mr. Newman had suggested that the French Court had adjourned ame die to show disapproval of the Council's This was not correct, he continued, the issue in that court having hinged upon whether or not it was within the Council's right to grant a licence to a cafe outside the Settlement limite, The ques about cutting off the lights had never been raised in the French Court. Quite independent of all that, however, the Council had a right to abate a public nuisance. "We are not concerned whether Mr. Levy was a blackguard or not, but whether he was public nuisance. If he was, 1 Council bad a right to do what it lid. We get the rather anomalous position of a man, guilty of being a public nuisance, coming to th court and asking for damages You can only get damage by being prevented from doing something which you have a right to do. "My contention is that no one is entitled to be supplied with electric power by the Council unless. he is living up to the obligations he owes to the community. One can imagine the criticism the Council would have got if this tolerable nuisance had been allowed. Apart from this, we get the question of the cafe's situation outside the Settlement. Moreover, why did this man not tke action for
Text read from the printed page and cleaned; old type leaves the occasional error.