The Clutha Leader. BALCLUTHA: TUESDAY, OCT. 16, 1900.

Clutha Leader, Volume XXVII, Issue 1439, 16 October 1900, Page 2

The Clutha Leader. BALCLUTHA: TUESDAY, OCT. 16, 1900.

Thk greater part of the sitting of the Magistrate's Court here on Wednesday lasfc week was taken up wifch a prosecution for sly-grog selling. As is almost invariably fche case in prosecutions connected wifch the liquor trade there was some hard swearing in the case. Whether there is sufficient evidence to warrant an information being laid against anyone for, perjury is a matter for the Public Prosecutor to determine, and no doubt it will have his consideration. From the evidence submitted by fche police fche Magistrate could have no difficulty in deciding to convict, and the substantial penalty he inflicted must be taken as an indication of his determination to exert the powers by law vested in him to put a stop to a class of lawbreaking that has too long been permitted to disgrace the community here. It is well known that sly-grog selling has of late been largely on the increase in fche Clutha, and nofc only so but it has been carried on in a defiantly" open manner to the degradation of law in the eyes of men and women, of boys and girls in the streets at all hours of the day. We believe that two causes have led to this increased lawlessness and open defian«e of law. The one is the annual report by Commissioner Tunbridge recently laid before Parliament. In this report the Commissioner whines over the difficulty of 'procuring convictions, indicates that the lawbreakers are now too cunning in their methods of procedure to permit of their being caught unless fche law is amended in various ways as suggested by him. The law has not been altered and thus the slygrog sellers had the authority of the Commissioner of Police for believing that in carrying on their illegal traffic in intoxicants they were safe from danger bf detection at the hands of the

police. Sure we are, Mr Tunbridge, with all his experience of detective work, could not point to any. other class of crime that is so openly, systematically and persistently carried on and so easily detected as is sly-grog selling. Yet he makes the humiliating admission that he is unable to cope with the evil. Prior to his appointment as Commissioner there seemed no grsat difficulty in detecting the crime, and in procuring convictions, and it is very disappointing that the illegal traffic has since then been allowed the latitude and been tolerated as it has been. The other contributing cause was the inadequate fines inflicted by the Magistates on conviction. Instead of proving a deterrent these only acted as an encouragement to -law-breakers, and this made the Magistrates accomplices in the crime. Evidently Mr Stratford has now recognised his true position and has meted out exemplary punishment, but should the law breaking be still persisted in by the same person or by other persons here, the Magistrate can only divest himself of responsibility in the matter by exhausting the powers with which the legislature has invested him. And were he to do this sly-grog selling, at least as now conducted, would cease. Other Magistrates have fearlessly exercised their full powers in such cases by mflicting considerable terms of imprisonment without the option of a fine. This put a stop to the crime and enforced outward respect, at least, for the law. We trust that no such drastic measures will be necessary in the Clutha. But the fact of the legislature having endowed magistrates with this power proves tj^at it was anticipated it might be required in coping with the evil throughout the colony. Nor was the power intended to be a dead letter. It was conferred in order that it might be exercised, and if the magistrates fail in this and the evil thing is persisted in, then on thern^ and on the Minister who retains them in office, will rest the responsibility for sly-grog selling. We are aware some hold, and are loud in proclaiming the opinion, that the law is powerless to put down this class of crime. We do not agree with this. The law is quite powerful enough to enforce obedience to its demands ; the weakness is not in the law but in its administrators. Let these fearlessly exhaust the powers by which they are endowed, apd then the potency of the law will be made manifest to all.