The Clutha Leader. BALCLUTHA: FRIDAY, JUNE 15, 1894.

Clutha Leader, Volume XX, Issue 1038, 15 June 1894, Page 4

The Clutha Leader. BALCLUTHA: FRIDAY, JUNE 15, 1894.

The business of the licensing committee here on Friday has excited a considerable amount of comment, not only in the Clutha, but also in other districts throughout the Coiony. In some quarters dissatisfaction is felt and expressed with the action of the chairman in granting wholesale licenses in face, as is alleged, of the local option poll recently taken. We believe that all this is the result of the unaccountable ignorance that still prevails regard- ' ing the intention and provisions of the Alcoholic Liquors Sale Control Act of last session of Parliament. During the agitation that prevailed prior to the taking o£ the local option poll, we several times took occasion to refer to I the misunderstanding that then existed and to point out that the Act was not a "prohibition" measure, and that although a no license vote were carried this would neither deprive the poor man of his beer, nor the rich man of his wine. The Act is only a compromise on the liquor que&tion, although we doubt if many members of the Legislature fully saw this at the time it was before them. The evils connected with the liquor traffic have almost invariably been associated with the publicans', accommodation, and bottle licenses, and accordingly the Act confers on the electors the right by

a '• certain majority to stop the issue of these licenses if they think proper to do so. But it does not confer on any section of the community the right to prevent an individual from obtaining and using whatever' class or quality of drink he, may desire. The Acfc provides for doing away with what has hitherto been regarded as the chief evils connected with the liquor traffic, but it does not permit of an interference with tI)R liberty of the subject in judging for himself as to what he shall drink. While the law provides for th.fi stoppage of the retail sale of intoxicating, liquor in hotels, accommodation houses, etc., it also provides for a continuance of the wholesale traffic in such liquor so that anyone may procure it for use at home. This is an experiment — dropped on accidentally, as we believe —that, so far as we know, has never, been tested at any time or in any country, and it is possible it may yet prove a satisfactory solution of the vexed drink question. At all events it is worthy of a trial. — Now as to the proceedings at the licensing meeting — there were several applications for publican's licenses. These must have boon lodged in ignorance as in face of the result of the recent local option poll they could not possibly be granted. Indeed had . any member of committee givon his vote in favour of granting such licenses he would have rendered himself liable to a fine of LSO. Even had any such licenses been granted they would have been absolutely void and of no effect, and the holder would be deemed an unlicensed person, and subject to all the penalties of the licensing Acts provided in the case of unlicensed persons selling liquors It is difficult therefore to find a reason beyond that of ignorance for any such applications having been lodged. Wholesale licenses arc, howovev, placed on a different footing. The law provides for the issue of such licenses, and their issue has not been barred by any local option vote. They may be heard and decided on by the licensing committee, by any two members of the committee, or by the chairman alone, and the applicant has the right of choosing which of these tribunals he shall have recourse to. The applicants on this occasion chose the chairman, and thus it became part of his official duty to hear and decide on the applications. He had no option, and the committee had nothing whatever to do with them. And here let us say we think it was a mistake on the part of the chairman to invite an expression of opinion from the other members of committee with regard to these, applications. He no doubt did so out of a feeling of courtesy to the committee, but on him and him alone rested the responsibility of hearing and either granting or refusing the application, and it savoured of something vary much akin to discourtesy when, after obtaining a unanimous and strong expression of opinion against the issue of any such licenses, he proceeded to grant one and all applied for. We are sure, however, that even such seeming discourtesy was not intended. As to the licenses granted, some have expressed an opinion that the number was excessive. But Mr Hawkins explained the law as laid down by the Supreme Court in the matter, and according to this he had to take into consideration the convenience of those who desire to drink, though in a minority ; to provide for the reasonable want of such of the residents as may desire to purchase liquor. Such being the law it can scarcely be said that Mr Hawkins greatly erred in deciding to grant three licenses within the Olutha licensing district, which has now been extended so as to embrace a very wide area. Indeed it matters little whether he may grant many or few wholesale licenses. Those who wish to keep drink in their houses can very easily obtain it from outside the district, as Dunedin wholesale merchants will very shortly have agents in every small centre ready to supply every want in the liquor line. This state of matters is the creation, of the new order of things in the Olutha. It could scarcely have been anticipated by the Legislature in dealing with the licensing law, and to meet it an amendment of the Act seems necessary. We are aware that some feel greatly disappointed and discouraged from the fact that after all- the agitation excited and all the effort put forth, licenses are still issued to supply drink in the Clutha district. But it should be borne in mind that the retail sale of drink Within the district has been rendered an illegal act. It should also be borne in mind that but for the knowledge that drink would be obtainable wholesale, it is ■possible not a few who voted against the issue of publicans' licenses, would not have so voted and without their aid the no-retail-license vote might not have been carried. So far as the re- , form of the liquor traffic is concerned, the Clutha has taken a step a long way * in advance of any other district in the colony and while the Liquor Act obviously requires amending and no doubt will be amended during the. ensuing session of Parliament, we think the great aim of the temperance party here be to see that the law is most rigidly enforced. If this be, net done, evils of such character and magul" tude may spring up that will seiiousijj check the progress of reform and perhaps result in a popular cry for, a return to the old; system of Retail licenses. : . ,: . .'/j *i.-.i« _aa

VTe understand that Messrs Adams j Bros., of Dunedin, have been instructed , to move in the Supreme Court for a writ of certiorari to quash the certificates for wholesale licenses granted on Friday last Y>y Mr It. S. Hawkins, S.M., to Roderick M'Kenzie, William Simtnond.-!, and C. F. Dunnctt in the Ciutha licensing district. We believe the chief ground of the application will be that the Act docs not provide for a permanent chairman, the Stipendary Magistrate only being chairman when he is present at a meeting of the committee. The section of the Act referring to the chairman is : "At every meeting of the licensing committee, the aforesaid Resident Magistrate, if present, shall be chairman thereof, and, in' the event of his 'absence the members of the licensing committee shall elect one of their number to be chairman thereof," etc. It is contended that the magistrate is thus only constituted chairman of a meeting of committee at which he is present, that his functions as chairman fall so soon as the meeting of committee closes, and that he is not constituted permanent chairman of committee. If this contention is correct, then it follows that the magistrate only had power to grant licenses during a meeting of committee at which he was present and acting as chairman, and that any act done by him as chairman outside the mepting would be void. Now there can \m no doubt the wording of the section above referred to is extremely vague and is in this respectin keeping with the wording of the wholp of this fearful and wonderful Act. Let us examine the above clause for a moment. It commences by saying that at every meeting of committee the magistrate, if present, shall be chairman. This certainly would imply that he held no appointment as permanent chairman of committee for in that case there would be no need for the stipulation as to his presiding at every meeting when present, as he would preside as a matter of course by virtue of his office. Then again the word " thereof " is twice employed in the same, sentence, and refers to the same thing. But what is that thing 1 The meeting, or the committee 1 If the former, then the magistrate is not constituted chairman of committee — only chairman of that particular meeting. If it refers to the committee, then through the absence of the magistrate at a meeting any member of committee may be elected permanent chairman of the committee. Verily a muddle. There are other uncertainties and absurdities in connection with the matter, but we. shall not refer to these just now. The question will shortly come before the Supreme Court which "will no doubt give a decision according to the intention of the legislature provided the wording of the section is sufficiently clear to disclose that intention — which seems somewhat doubtful.