The Earl of Glengallpresented a Petition from the proprietors of Covent-garden Theatre, praying for attention to their vested interests, now threatened by the Music and Dancing Bill. They prayed to be heard by Counsel against the Bill.
Lord Broughamdenied that the petitioners had any exclusive vested rights on this subject. There was no vested rights in a monopoly, unless expressly so recognised by Act of Parliament. The Legislature had acted on this rule with respect to the legislation on the beer question, though it was then said that the vested 1292 rights of the brewers ought not to be interfered with, and would be violated if the Bill proposed were to be passed. This Bill would not prevent any man going to the theatre to see the elephants or other animals of any length of ear, or men in the skins of elephants, for such he heard were exhibited on the stage. Men would not refuse to go to the theatre because they could go to an alehouse and have music and dancing. This monopoly was, he repeated, like the monopoly claimed as a vested interest by the brewers; it was an accidental monopoly, not created, as of necessity, by the thing itself; and, therefore, not entitled to be considered as a vested right. There was this difference, too, that in these houses the dancing was not to be by the persons shown, as on the stage of a theatre, but by the persons themselves who formed the company. In his opinion, amusements of this innocent kind ought to be encouraged among the people. We had too little of them in this country. He was sure that noble Lords opposite were of the same opinion, and for himself he declared that he was disposed greatly to favour any measures which would have the effect of withdrawing people from beer and gin shops, and inducing them to seek relaxation of a better kind.
The Earl of Glengallsuggested that this arguing of the question had better be reserved for the third reading.
Lord Broughamobserved, that what he had said now might be considered as said upon the third reading, with a view to spare their Lordships' time. He must say, that if Counsel were to be heard upon this Bill, for which he saw no pretence whatever, he feared that at this late period of the Session there was not a chance for the Bill to pass.
The Marquess of Salisburysaid, that agreeing as he did with the noble and learned Lord, that the innocent recreations of the lower orders of the people should be encouraged, (and he was sorry to say that this was not sufficiently done by our laws, which indeed had too much of a tendency to prevent them), he could not but recollect at the same time what were the rights of others, and in this case he did not think that their Lordships could fairly come to a decision on the Bill without hearing counsel and evidence as to those rights. He wished the noble and learned Lord to consider the motion made, that the Bill be read a third time, and to allow him 1293 at once to move as an Amendment, that it be read a third time this day three months.
Lord Broughamthe noble Marquess may do as he pleases: I have no power here any more than any one else on this side of the House.
§ Bill postponed for three months.