The Bar Question: A Surprise.

Auckland Star, Volume XVII, Issue 101, 3 May 1886, Page 2

The Bar Question: A Surprise.

The Resident Magistrate's decision to-day upon the right of licensed victuallers to have more than one bar will be a eurprise to the trade as well as to the temperance benches. The practice of treating upstairs bars as extra bars within the meaning of the Act did not originate with the teetotallers. The Benches which preceded their rule charged extra fees for these bars, and the licensees paid them without demur. By Mr Smith's judgment to-day it is declared that they have paid wrongfully. The Magistrate's decision rests on the interpretation clause of the Act, which says :— " ' Public bar ' or ' bar 'means and includes any room, passage, or lobby in any licensed premises open immediately to any street, highway, public place or thoroughfare wherein the public may enter and purchase liquors." The Magistrate holds that the licensee has a right to sell liquor in any part of the house, and that mere gale or storage of liquor does not constitute a bar within the meaning of the Act, unless the place of sale opens directly on to the streot. He may sell in as many other rooms as he likes without extra charge. We have no doubt that this decision is in strict accordance with the wording of the Act, and the wonder is that the authority to charge for these extra places of sale was mot challenged before. It is probable, however, that the fees would still have been paid willingly enough if harassing restrictions had not Ted the licensed Tictuallers to test tho question at law,, Tho restriction as to number of bars has invariably been regarded as having for its object the localisation of public sale and the simplifying of inspection. A licensed victualler is, we think, entitled to reasonable conveniences for carrying on his trade, and the shutting up of luncheon and upstairs bars has been carried to extremes. But we doubt whether the intention of tho legislature is fully expressed in the Act if it permits bars for public sale being established all over the house. If that were co, inspection to regulate the hours of sale would be impossible. The temperance committees claim, we believe, that they can impose any condition when issuing the license, and if the applicant will not accept it in these terms it may be refused under the general powers contained in clause 6S, to the effect that "notwithstanding anything in this Act contained, the Licensing Committee may of their own motion take notice of any matter or thing which in their opinion would be an objection to the granting of a license," so the Benches became consenting parties to those test cases, they can hardly go behind the decision; but arbitrary restrictions enforced at the will of a commiotee outside the law have nothing to recommend them. The rights of licensees ought to be clearly determined in the statute, leaving the Committee to administer the law, not to construct it. The inference from to-day's decision seems to be thaf the Ac.t stands in need of amendment, in order that the rijrhts of licensees and the powers of Committees may be more clearly defined.

The Government steamer flinemoa arrived at Manukau at 6.15 this morning, ior the purpose of conveying His Excellency the Governor to Wellington.

No less than three Union steamers will be in the Manukau Harbour during the present week. The Hawea arrived on the ordinary trip yesterday ; on Thursday the Wanaka comes from the South with the outward English mails for the R.M.S. Bimutaka ; and on the Saturday tollowing the Rotorua arrives to receive the English and American mails for Southern ports per X.M.S. Mararoa, then due for San Francisco.

Mr Justice Gillies has returned to Auckland. His Honor will sit in Chambers on Tuesday, in bankruptcy on Thursday, and in Chambers on Friday.

At St. James's Church yesterday morning, the Rev. R. F. Macnicol made what appealed to be very pointed reference to the recent caeas of "Pacific sloping." He spoke of the difficulties into which mon got themselves by their own bi tfulnesa or neglect, and the reprehensible way in which they got rid of them1 by running away from them, instead of accepting their moral responsibility and their duty to their families by facing their difficulties like men and overcoming them.

In tht Grafton district a number of small boys have recently exhibited .great proclivities to mischief-making. Their fun eo&sistg in breaking windows, defacing gates, and annoying shopkeopars. It is to be hoped they will take the hint and cease their mischief before they gefe into serious trouble.

Tawhiao, the Maori King, drove out to Onehunga yesterday, intending to go back to his home by water. He is staying at the Manukan Hotel.

The walking match in the Lorne-etreet Hall on Saturday between Speight and McCune resulted in an easy victory for the former.

We have been asked by the Returning Officer to call attention to two errors in the names of the candidates for the Avondale Road Board election in the advertisement; of Saturday last. In this day's issue the correct names are given, viz., Messrs John Bollard, Richard B. Booth, Robert Dakin, Robert Garrett, Francis Gittos, Henry Feck and George Thomas. The polling will take place on Thursday next, 6th inst.

Our Wellington correspondont telegraphs that the design of Messrs Mahoaey and Sons, Auckland, for new Government buildings in Auckland, has taken first prize. The second prize taker is Mr Joshua Charlesworth, late of Auckland. There were twenty competitors.

Mr George Fisher, M.H.R., and one of i the elected members of the Government Lite Assurance Association, arrived to-day by the Rimutaka from Wellington. He proposea remaining in Auckland a week. Rev. J. P. Dickson delivered the first of a Beriea of Sunday evening lectures last night, at St. Dayid's Presbyterian church. There was a large attendance. The subject was " True Manliness." The lecturer dealt with the physical, moral, and religious nature of man, with illustrations from biography, showing that active religious principles form the basis and foundation of true manliness, and that the irreligious character is essentially defective. The subject of the next lecture will be " Religion has a tendency to quicken and develop man's natural powers."

The mortal remains of the late Mr T. T. Gamble were conveyed to their last resting place, St, Mark's Cemetery, on Saturday afternoon. The funeral was attended by a large number of private friends of the deceased, and also by brethren of the Masonic body. The obsequies were conducted by the Rev. Mr Richards, incumbent of St. Marks.

Matters in connection with the bootmakers' strike are still in statu quo. We are requested to state by the Strike Committee that it is not correct that any of the men have resumed work.

A word of praise is due to the owner of Brookvale, Mr J. Becroft, and Mr B. M. Gubb, of Port Albert, for their enterprise in sending a collection of apples to London to De shown at the Colonial Exhibition. Messrs Becroft and Gubb have for several years taken considerable interest in the fruit industry, and to these gentlemen credit is due for stimulating and fostering the desire on the part of so many settlers for possessing a good orchard

On the nomination of the several religious denominations, the City Council have appointed, under the provisions of the Cemeteries jflct, the following gentlemen as guardians of the new cemeteries at Waikomiti : — Church of England : Bishop Cowie, the Rev. Mr Burrows, Messrs H. Brett, J. Dacre, J. Dilworth, S. Luke. T. Kissling, G. P. Pierce, and J. H. Upton. Presbyterian Church : Messrs A. Bell, T. Buddie, H. G. Le Bailly, J. Chambers, D. Goldie, C. Renshaw, and R. Badger. Wesleyan Church : Messrß F. L. Prime, T. Buddie, D. Goldie, C. Renshaw, J. Chambers, H. J. Le Bailly, A. Bell, T. Macky, and J. Buchanan. Nonconformist body : Messrs F. L. Prime, T. Buddie, D. Goldie, C. Renshaw, J. Chambers, H. J. Le Bailley, A. Bell, and R. Badger.

The nominations for the Plumpton Park Shareholders' Stake?, which closed on Saturday laßt, number 42. The event takes place on the Queen's Birthday, and the draw takes place on the 21st inst. The evening service at the Theatre Royal waa well attended. Dr. Kenderdine occupied the chair, and instructive religious addresses were given by the Hen. Mr Waldegravo, son of Lord Radstock, and by Mr Trotter. ■ The election of trustees for the Mou»t Albert Road Board will taktf* place on Friday next, at the Christiana' Aleeting-House, Cook-street. Tho following ratepayers have been nominated :— Messra J. W. James, T. J. Harbutt, T. A. Menziea, J. B. Randerson, S. Stuart, and J. K. Walters. An unfortunate accident occurred in the football field on Saturday. While tho Gordon Club were playing in the Domain, the captain of the team, Mr Frank Clayton, got his kneecap badly injured. He will be unable to take part in the game for a fortnight or so, but it is hoped that the accident will have no permanent bad effect.

The Epiphany Church Fair was fairly patronised on Saturday afternoon and ovening, and a number of articles sold ; still tho ladies have an abundance of un&old goods. The projectors havo determined to continue the Fair until Tuesday ovening, whan it will be finally closed aud the result made public. On Saturday afternoon Muses Wilson and Pulman performed a number of pianoforte duets, Mies Cerlotta's playing being much admired. In the evening Mr Hunter and his bund played outaida, and insido a series ot musical pieces were rendered by the Kingsland string band, Miss Gribben presiding at tho piano.

The bazaar, was opened at 3 o'clock to-day, and to-night muaio and eong will form a part of the attraction. The Mipses Errington, Mrs Tucker, Mrs Neumagin, and the lady stall-keepers deserve much credit for their active assistance

The hearing of the charge of fraud, preferred by Hudson Williameon against Robert Fitzroy Bolton was to havo been resumed (it the Police Court to day. The Resident Magistrate had, howover, to lenve for tho Thames, and the «aso waa adjourned till Friday, when it ia intended to devoto the whole day to the hearing. It, was stated in the Court when the case wan called that one day would " break the back " of the case, or in other words, the greater part of the evidence can bo taken in a day. We are requested by the Returning Officer, Mr Seaman, to call attention to an error in Saturday's advertisement of tho Arch Hill Koad Board election. Tho poll will be taken on Friday, the 7th inst., at the Newton West Schoolroom, and not at Mr Motion's residence. See advertisement in this day's issue.

Ratepayers who are in arrears for Mount Eden Road District rates should bear in

mind that tho nonpayment of any rate, special or general, disqualifies them from voting at the enduing elections for trustees. The Local Election Act provides that the recording of a vote by any person not duly qualified may be a ground of a petition for annulling the election, ahd renders tho person recording such a vote liable to a heavy penalty. Any persons who have acquired property in Mount Eden District recently are requested by advertisement to secure their names being placed on tho ratepayers' roll for the ensuing year.

The case whioh was to have been heard to-day in the District Court waa adjourned until Monday next, the regular court day, as the Resident Magistrate left for the Thames »fc noon by the s.s. Kotomahana.

Tho Mayor of Wellington, in response to a requisition, intends calling a meeting of residents of that city for the 11th instant, to consider the advisability of giving a public welcome to Mr Bryce, the late Native Minister, who is expected to arrive in the colony from London next week. The reason for the demonstration is,of [course, the successful termination of the Bryooßusden libel case. As the direct steamer Tain vi, by which Mr Bryce is a passenger, makes Auckland her first port of call, it has been suggested that some public reception should be accorded him on his arrival here.

We notice the death of Mrs Page, the wife of Mr S. F. Page, which nnoxpectdly occurred on Saturday night at her residence, Kybsr Pasa. Mrs Page has suffered very acutely at times from a swelling in the face, which originated in a severe cold some months ago, and for which the deceased lßdy underwent several operations. Airs Page was much respected by all who know err, wan kind and considerate to her neighbours, and her "end was peace."

Tho Rechabite Order in this city will cei-obrato their annivernary on Wednesday next by a public meeting, which will be held in Bf. James's Hall, Wellington-street. They havo been successful in obtaining the services of Sir George Grey, Professor Aldis, and Mr W. J. Speight. It is pleasing to see so able a man as Sir George ready to assist a good cause. Tho aim of the Hechabite Order is to promote the principles of total abstinence, and ulso provids benefits for its members in sickness ana death. Indeed, it in essentially a benefit society, but, unlike other friendly societies, it has for its foundation the pledge of total abstinence from all intoxicating liquors. Our readers will, no doubt, hail with pleasure such an acquisition to their supportora as Sir Georgo Grey, and will take advantage of this opportunity of hearing him on the subject of "Social and Temperance Reform."

The funeral of the late Mr John C. Wilkes took place yesterday afternoon in the lawer p»rt of the Presbyterian Cemetery. The funeral was military, thij deceased having been a non-commissioned ofEeer in the Veterans, and one who served in the Waikuto War. There was a large procession of the various Volunteer corps, undor command of Major Mahon. Apart from the Volunteers, there wore not lose than a thousand persons present. The Garrison and Naval Bands played alternately in the eolomn march, "The Mariner's Hymn" and the "Dead March in Saul," which were most impressive. The coffin was of a ooßtly character, and was drawn to the eometery gates on a gun-carriage-Tho coffin was covered with the Union Jack, bearing tho arms and breaat-plate used by deceased ; also a chastely-wrought immortelle. Mr Wilcock read the funeral service, mostly extracted from that of the Church of England. The Veterans fired three volleys over tho grave.

The concluding notice of our art critic on the late Exhibition failed to find insertion, owing to the crowded condition of our columns. ■ It may not be out of place, however, to give still the following passages from the excluded article: ~" In the centre of the hall are exhibited specimens of silk and satin painting, lacework, chrystoleum painting, needlework, stained woodwork, inlaid work, &c. Miss Flora Ross exhibits several panel paintings. We should have liked to see something more ambitious by the same hand. Miss Kobb's ' Poppies' on panel is not only skilful, but the best flower painting in the Exhibition. The Rev. Thomas Spurgeon shows the different processes of wood eDgraving in a series of boxwood blocks in different stages. The mezzo-tint photographs of Mr Josiah Martin, the well-known photographer of New Zealand scenery, are sure to be appreciated, but we have never seen better examples of the photographer's art than the six beautiful views exhibited by Mr P. A. Weston."

Mr T. E, Corkill, of pedestrian fame, is expected at the Grafton Road Mutual to-night to give an account of his recent walk through the King Country. No doubt the interest- ( ing subject will have the effect of drawing a 1 large number of members and friends.