Windsor & Richmond Gazette, Saturday, March 3, 1900 - page 1 Topic of the Day A test case in connection with the Early Closing Act was argued in Sydney last week before a Stipendiary Magistrate, with the result that the defendant was fined 5 shillings and costs. The defendant was a news-agent ; he was the owner of a shop, and, as well as selling newspapers therein, he sold stationery, magazines, &c. Now in cases like this the law appears to provide that if the shopkeeper wishes to keep his shop open after six o'clock on four days in the week for the vending of newspapers he must partition off the other goods from the newspaper stock ; but the defendant did not accept that as the true interpretation of the law. Neither did the other news-agents, nearly all of whom have shops and sell different kinds of articles. They have an association, and the funds for defending the case referred to were doubtless provided by that body. The defence set up on behalf of the accused was an extraordinary one. It was that the selling of toys, stationery, &c., was ! included in the business of a news-agent, and was not therefore a violation of the law. The magistrate being a level-headed man, there was not the ghost of a chance of his endorsing that doctrine ; and the fact that such a defence as the one indicated realised that there was no ambiguity in the section of the Act dealing with the subject. In fact the language of that section is very lucid, and even the proverbial Philadelphia lawyer would experience great difficulty in giving different plausible interpretations thereof. The law does not confound newspapers with toys and stationery any more than it confounds them with drapery and grocery. The news-agent is permitted to sell newspapers until a late hour every day, but he is not permitted to sell anything else beyond the hour when the majority of other shops have to close. That is what a Stipendiary Magistrate has decided. It is said that the decision is to be appealed against ; if so the matter will come before the Supr! eme Court, when, it may be expected, a learned judgment will be delive red. Until the appeal has been heard the news-agents will have to observe the law as it has been interpreted by the magistrate. Perhaps there are other people who intend attempting to drive a coach and six through the law ;if so, there is no harm in telling them that the experiment will be costly and that it was likely to prove futile. There are defects in the Early Closing Act - even the Ministry admit that - and the proper course for persons who are oppressed by it is to submit their grievances in the proper way when an Amending Bill is being considered by the Cabinet or any Parliament.