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authority; and, after some discussion, Mr. Jelf agreed to give the
go-by to that portion of the question as to who was the proper
authority, we undertaking, on our part, to hear the remaining
portion of the case so far as regarded the ascertaining and deciding
whether the determination was come to by a properly constituted
authority, and by a valid vote of the ratepayers. There is no
difficulty in this part. The question to be decided is one ot mixed
fact and law. The first thing to see is what the Act of Parliament
prescribes as to how the determination upon the Free Libraries
Act is to be arrived at. The first Act provides (Section 8) that,
upon the request, in writing, of a certain number of ratepayers,
a time is to be appointed for a public meeting, end that public
meeting is to determine whether or not the Act shall be adopted
by the parish. This is what the public themselves have to
determine. Then certain notice has to be given as to how the
determination is to be arrived at. "And it at such meeting twothirds
of the persons shall determine in favour of the adoption of
the Act, the same shall come into operation in that parish." That
is the "public meeting," and the majority then present. Not the
"whole of the parishioners," but "the majority then present." I
am told that the parish of Clerkenwell in this poll issued 7,222
voting papers; to all and not a majority of the ratepayers. Now, as
to "the majority of the ratepayers then present." What does that
point to ? Clearly this, that on the subject of the free libraries, it
did not want the majority of the whole body of ratepayers, but the
majority of those persons who were willing to attend a public meeting
to discuss the matter. There might be 500 or 1,000 persons present,
probably less in a case of this sort. I don't know who it was that
promoted and carried this Bill of 1867, but it was thought proper
to alter this majority to "more than one-half," And now we
come to the Act of Parliament with which we have to deal. It
recites that a public meeting is a most unsatisfactory and incorrect
mode of ascertaining public opinion, and the Legislature thought
the same; and it was resolved that the Act was to be adopted by
the general opinion of the ratepayers. The Legislature, no doubt
thought the adoption of the Free Libraries Act a most proper
matter to consider in regard to the education of the people and the
progress of civilisation. They thought places might be provided
where poor people might go and be recreated and instructed.
They thought the public meeting, however, an unsatisfactory mode
of dealing with the matter, and, therefore, instead, they substituted,