OHINEMURI LICENSING ELECTION.

Auckland Star, Volume XL, Issue 51, 1 March 1909, Page 5

OHINEMURI LICENSING ELECTION.

THE PETITION DISMISSED. ALL HOTELS TO BE CLOSED. (By Telegraph.—On-n Correspondent.) WIAIHJI, this day. The special Court appointed to hear the petition to upset the Ohinemuri Licensing Poll, sat this morning. The Bench comprised Messrs. Burgess, Roberts, and Cutten, Stipendiary Magistrates. Messre. Clendon and Moresby appeared for petitioners, and Mr. Millar for respondents.

In delivering judgment, the Magistrates said they would have to confine themselves to the allegations as affecting only the Waihi Central booth. The ■whole trouble arose from the fact that the Returning Officer did not avail himself to the full extent of the provisions of the legislature, according to the Act of 1908, in taking the poll, and had underestimated the lumber of voters in. Waihi.

The Court considered that no evidence had been adduced to show that any voter could' not record a vote, nor was it proved that any voter had seen how other voters were voting. It could not be successfully contended that the election ivas not an election by ballot. It was not shown that anyone was deterred or had abstained from voting on account of the condition prevailing. Regarding the action of the Returni ing Officer, Mr. Nathan, in opening an eJctra booth, the Court held that this did not involve a' violation of any priniciple of the Act, except, perhaps, the question re scrutineers, who were not present. At any rate, the result could not have affected the Tesult. The judgment concluded:—"We do not think the irregularities proved show that the poll was not conducted substantially in accordance with the provisions of the law, nor do we think that the result was affected thereby. The petition is dismissed, with costs amounting to £97 16/-. "Mr. Burgess addc-d that, as the petition was not a frivolous one, deposits would be returned, and no expenses of witnesses allowed. The Court was crowded, and , when thp result was made known a section of those present cheered. The official result of the poll as announced after a recount of the votes recorded was as follows: — Continuance 2040 Reduction 2295 No-license 3 340 No-license was carried by 86 over the required number. THE OPINION OF THE TRADE. As soon as the decision on the Ohinemuri licensing petition was known, a "Star" reporter waited upon Mr A.'m. Myers, chairman of the Auckland Brewera and Wine and Spirit Merchants' Association, and asked if he could give any indication of the probable monetary loss involved. "The closing in June next of the 16 hotels that are affected by the decision," safd Mr Myers," will probably involve a loss to the. owners of about £30,000." May I ask how many of these hotels are owned by the wholesale trade? i Six. The others are owned by trust i estates, widows, and other private individuals, on whom the loss will fall very heavily; in some cases, indeed, it spells ruin. This disastrous result brings home to us in practical shape the injustice of confiscation without compensation. The d-ecision is a surprise to us." Our reporter then interviewed Mr Palmer, the President of the Auckland Licensed Victuallers' Association. "I can only," said Mr Palmer, "express my deep regret that so many of the retail trade should have such a heavy loss inflicted on them, under such unfair conditions; especially as there can be little doubt that the question of the retail price of beer played a prominent part at the poll, and the vote was really more of a retaliatory nature than based ion any broad lines of principle. I do not hesitate to predict that when the people of the Ohinemuri district realise the true effects of No-license, and find how rampant sly-grog and gambling dens, with their attendant evils will become, they will deeply regret their recent action."

THE PROHIBITION VIEW.

Mr. W. J. Macdermott, secretary to the Auckland City League, was waited upon by a representative of the "Auckland Star" this morning after the news was received regarding the result of the Ohinemuri petition. Mr. Macdermott said: "Our victory in the first instance was no surprise to mc, because Waihi township has steadily voted no-license. We were sure of winning at Waihi, our disappointment was in not securing Gisborne as well." "I thought the question of the price of beer was said to have been an important factor in deciding the last li-i censing poll at Ohinemuri?" "I know that has been said, hut it is a slur upon the people of Waihi. In 1899 Waihi voted 3127 for no-license, as against 2280 for continuance. You will remember that it was first announced as a victory for no-license, but subsequently that proved not to be the case. In 1902 and 1905 the boundaries of the electorate were altered, but Waihi town still kept up its three-fifths majority for no-license. In 1908 the boundaries were again altered back to the original ones, and then no-license was again carried." "I understand it means a big loss to a number of people?" "We do not want to rejoice at anyone's pecuniary loss in respect to the closing of the hotels; far from it, but we do hold that the pecuniary loss of those in the trade is not to be compared to the gain it will be to the community as a whole to have the hotels closed."