MAORIS AND LIQUOR.

Dominion, Volume 1, Issue 276, 14 August 1908, Page 3

MAORIS AND LIQUOR.

- INTERESTING CASE ' (BT TELEGR4.PH. —;SPECIA.L CORRESPONDENT J'■ ■ Marion, August 13.' At.Marton' Court to-day, before Mri Stanford, S.AI.,i-a case of considerable interest as between European and Maori with refereiico to-the, supply, of liquor for consumption" off was decided! An'!information" '-.was:' brought' against George Gtibbs by _the police'for supplying liquor to a Maori while in the train coming from Hunterville., It was laid under Section 46 of the Licensing-.. Act Amendment Act, 1904. . . ' The ~ TepressTitßd--bs''-il-rV-; Collins, pleading not guilty. _ Constable Fitzpatrick said. the-, accused was in possession ,of a , bottle .'of liquor,.. and when..: the train at ilarton, lie. handed it to the Maoris whorwere in '-.the carriage, end they had a drink'.' Witness spoke to accused, who ..said- he .was ignorant of-the.law on . the matter. Witness submitted that it was the intention ..'."of;'.the' Legislature in amending _ this section to prohibit' Maoris from obtaining too much liquor, and to prevent them from being supplied. at,the.,p^5;....... Mr.'Collins'said the facts' of the easo were not hr disputo," but" he contended that the facts did not... come within the, words of-Sec-tion '46, becauso l the liquor was not supplied from or in connection with' licensed premises. It was evidently intended .by';tho .section tin question," read with, the .preceding section of tho same Act, to mak'o it an'oifenco for .the . ljcen.S9.e-. or ;hjs. ■ barman • or - any, body ,on . licensed premises-, .to; supply liquor to a full-blooded Maori, but the section did not _ apply _-to _ the ease of tho supply of liquor quite independently of licensed premises.._: '.•!•" '■■' j: '•' '•' His 'Worship said he was'of-.-opinion that Constable Fitzpatrick was right in laying tlie information. 1 Of "course he (his Worship) was not concerned with the intention of the Legislature, \or the spirit of tho Act. The .words of tbe'Act were clearly expressed, and by them he was strictly bound. Tho Section referred to said:. "Every person, whether a licensed''person or not, who supplies liquor to any Maori in certain districts defined by the Governor in ' Council for consumption off the premises is liable to a fine not exceeding £50." Therefore, a white man giving a Maori a drink was liable to this penalty. Ho was driven to" this conclusion, but, at tho samo timo, it might not have been intended. He very much doubt-ed if it"was. The words were explicit, and lie would follow thoso worde precisely. Thero was no doubt that Gibbs supplied the liquor for consumption off tho premises, and it was an offence -under this Section of tho Licensing Act, and Gibbs was liable. '■ Mr. Collins asked for a lenient fine, seeing that a similar caso had never previously tieen beforo the Court in New Zealand,

His Worship remarked that it was a uniquo case. It was a highly technical offence of which the accused was entirely ignorant. He would only inflict a fine of one shilling, without costs.■ . >. Constable Fitzpatnck said -.the information'was laid as a test-icase.. "■

His Worship: Of ..course,/if -any. other case is' brought before > : jrie,' ; -I. will-' deal with it. much mora severely ." ' ■ The decision is to bo' appealed against.