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146
does not in the least apply to articles that are not of an ambiguous
character. The conviction ought to be quashed. I think this
decision has a very limited application."
On taking a cursory view of the case and the Judge's summing
up, it does not appear to be of great importance, but when applied
to every-day administration of the Act we are confronted with
profound difficulties.
The term "ambiguous" as applied to articles implies doubt
and requires some deciding. Consider the exempted trades that
are not called upon to close because they sell either perishable
articles or commodities of urgent necessity, but who sell articles
in the ordinary course of business which are not perishable or of
urgent necessity, and are sold by other tradesmen in the ordinary
course of their businesses; the latter are compelled to close in
conformity with the Act, viz.:—
The fishmonger who sells cod liver oil and salad oil.
The baker who sells packet tea and biscuits.
The butcher who sells meat pies and dripping.
The dairyman who sells eggs and bacon.
The tobacconist who sells walking sticks and playing cards.
The greengrocer who sells preserved fruit and vinegar.
The ham and beef dealer who sells pickles and preserves.
The chemist who sells scents and toilet soaps.
The newsagent who sells stationery and periodicals.
The florist who sells garden utensils and bulbs.
The off-licence keeper who sells biscuits and cheese (consumed
off the premises).
All these articles appear to be of an ambiguous character and
are sold by these particular trades in the course of ordinary
business. They also form an important factor in other businesses
that are compelled to close. How far the decision of the Superior
Court will establish the right of these exempted trades selling
these doubtful articles the Court alone can determine, and also
what articles are strictly within the meaning of the term
ambiguous.
The Shops Act contains too many exemptions and options,
and there is little doubt will at some future date be subject to
amendment.