THE NEWTOWN HOTELS. CAN LICENSES BE RENEWED?

Evening Post, Volume LXVI, Issue 8, 9 July 1903, Page 2

THE NEWTOWN HOTELS. CAN LICENSES BE RENEWED?

SUPREME COURT ARGUMENT. Argument was continued in the Supreme Court yesterday afternoon on the motions for writs of mandamus to compel the Newlown Licensing Committee to grant renewals of licenses to the five hotels in the Newtown district. The Chief Jurtice and Justices Dennhtou, Conolly, Edwards, and Cooper were on the Bench. Mr. Skerrett, with Mr. Levi, appeared for the licensees of the Grosvenor, Park, and Island .Bay Hotels, Mr. Morison for the licensee of the Newtown Hotel, and Mr. Young for the licensee of the Kilbirnie Hotel. Mr. A. S. Adams, of Dunedin, with Mr. A. R. Atkinson, appeared for all the members of the Committee except the chairman. Mr. Skerrett went further into his contentions to overcome the effect of section 3 of the 1895 Act as construed by the Committee. This section reads :— ■ "No license of any description 6hall be granted or renewed until the electors of the district have previously determined, in manner hereinafter provided — (1) Whether the number of licenses existing in the district is- to continue ; (2) whether the number of licenses existing in the district is to be reduced ; (3) whether no licenses are to be granted in the district. '\ - It was clear, Mr. Skerrett submitted, that licenses were only to be refused as the result of an adverse vote of the electors. Prohibition must be carried by a three-fifths majority. Here it was suggested prohibition was carried without a three-fifths majority, and with a valid poll existing that licenses shall continue. The machinery for making prohibition effective was expressly limited to districts where prohibition prevailed as the result of a poll. There was no provision for the machinery of prohibition, where it prevailed as the result of the committee's contentions. The Chief Justice : You have prohibition supposed to be effective in the King Country. Mr. Justice Denniston : Who supposes it to be effective? The Chief Justice : The Legislature. Mi*. Skerrett said another absurdity, if the other side's contention was upheld, was that a Committee was bound to be elected after a keen contest, yet had nothing to do. That was sufficiently absurd to be almost Gilbertian. He asked the Court to approach the construction of section 3 of the 1895 Act with the feeling that the construction put upon it by the respondents led to inconsistencies and direct contradictions of the Act, created absurdity and the greatest injustice, and that it affected not only vested interests, but the rights of the public, who by statute were interested in the liquor traffic. There was still a substantial majority of persons who felt themselves justly entitled to their glass of beer. Mr. Justice Denniston : A substantial majority? That is what i 8 challenged by the other side. Mr. Skerrett (laughing) : It was a slip, your Honour, but I submit that ,',t was a slip that accidentally told the truth. There was a substantial number of people who thought they had a right to a glass of liquor. Their interests were controlled by statute, and they had just as much right to consideration as the vested interests to which he had previously referred. The suggestion of the other side was utterly incongruous and unfitting the machinery of the statute. The question was whether this Court was compelled by the language of the statute to arrive at a conclusion. He submitted that here no case of casus omissuß arose. The question was not whether the Court had jurisdiction, but whether the matter was within the prohibition of the Act. Dealing next with the meaning of section 3 of the Aot, he said that section did not purport to regulate the issue of licenses after the first poll thereafter had been held. It did not take away general jurisdiction to new licenses, or that which was given by section 78 of the Act of 1881. All it did was to suspend the granting of licenses for a definite period, from the passing of the Act till the taking of the first poll after the Act in the existing districts. The section was exhausted immediately after the poll of 1896 was taken, and its operation was suspended until the day before the taking of that poll. The first incongruity about section 3, if it waa to have a perennial operation, was that in exisi»ng districts . its operation was postponed till the day before the poll. But when a new district was created, it popped up like a Jack-in-the-box, and acted immediately — it was revivified and began to operate. Mr. Justice Denniston : You say it suspends the existing state of things in an old district, and as there is nothing to suspend in a new district it does not operate? Mr. Skerrett: Yes. If section 3 was construed as the respondents contended, licenses could be refused for two years throughout the colony. There was no difficulty in the way he construed the statute. It harmonised throughout. The Chief Justice : You say that if through the fault of the Returning Officer the people were prevented from taking a poll things would go on as if they had voted. Mr. Skerrett: Things would go on as they were. His Honour: Although they had not voted 1 Mr. Skerrett: But look at the opposite construction — they say the existing state of things is to be changed although there has been no poll ! His Honour remarked that there were no doubt grave consequences on both sides. If the Court had to construe the Act by consequences it might be asked to say that it was a very wrong thing that licenses should be renewed although three-fifths of the people had said they should not be. Mr. Skerrett submitted that his construction of section 3 was supported by the Court of Appeal's decision in the Addington case. He quoted different sections to support his statement that licenses could be refused throughout the whole colony for two years if section 3 was given a permanent application. If there was a dissolution of Parliament in the* year in which the census was tak«n, then new districts cam© into operation ; no poll could be taken if the Parliament had not been two years in existence, and the next electoral poll was three years in the future — thus there would bo prohibition in the country for two years. "My learned friend, Mr. Atkinson," added Mr. Skerrett, "doe_s not seem at all appalled." (Laughter.") Sir. Justice Edwards (with a smile) : Tlieie could be no fees for contesting licenses. (Renewed laughter.) Mr. Skerrett: I'm afraid it would be a very sorry state of affairs. All these difficulties, however, he added, would not exist under his construction. The true construction of section 3 was that it merely required the holding of a poll, and it should be read as follows: — '"No license of any description shall be granted or renewed until the electors of the district have previously had submitted to them to be determined, in manner Hereinafter provided," propositions 1, 2, and 3. It meant the submission of these propositions, nob the determination of them. Supported by cases quoted, he contended that vested interests could not be taken away without express authority which did not here exist. There was no poll — it was invalid. No Court would read section 3 literally when, so read, it

directly conflicted with teveral other sections, and when light was directly thrown oil it by other language of the Legislature. As an alternative, Mr. Skerrett submitted that no alteration in the literal meaning of section 3 was necessary. The electors had determined, and their determination would have remained in force but for an election petition, and in fact did remain in force for four months until the decision of the Magistrate. It \ras a valid poll. The Chief Justice : Suppose the Committee had granted a license in the meantime. Would not that license have been void? Mr. Skerrett: Yes, but not under section 3 — under section 23. His Honour : But doesn't the Court set aside the poll from the time it was taken? Mr. Skerrett : I submit that is not the effect under the Regulation of Local Elections Act and the Electoral Act. A poll set aside, I contend, is not a nullity. The Electoral Court set aside a determination. His Honour : And said there was none. Mr. Skerrett: I submit not. The determination was in force for some months, and section 5 is satisfied. Literally speaking, we have complied with every syllabi© of eection 3 — "No license. . . . shall be granted or renewed until :the electors of the district have previously determined, etc." The electors have determined, though the determination was set aside after being in force. The Chief Justice : In the case of a member of Parliament, the Court says the member was not elected, and no election has been held. Mr. Skerrett: I submit that is not what they say. His Honour : Surely the Magistrate has said there was no poll and no determination, or he would not have so decided. This point was discussed at some length, and the Court then adjourned till 10.30 this morning. DON'T LISTEN. to what people say when they would discourage your hope of exchanging weakness and sickne«s for perfect health. But rather listen to the testii^ vT'W^ mony of thousands \^N^^^ who bear witness to the great healI]| k^S ing properties of r-J v Dr. Morse's Indian t^M^ ' Boot Pills. All 1 disorders arising * "*\Ks from a diseased 5. jt condition o£ the jtfl T*dj» — "7 Stomach, Liver, \ VmJ .HHI) and K^neys, that V^C. IP JSmi&k prevent the proper t\/s&JsLJZffi!izzis assimilation of ilSi&Msffl the food which should nourish the f^BSSw^^ body are positively yrjT \sjfck an( * permanently 1 v«iv\ cure< i °y tue nse /\\ w&« °* -^ r - Morse's / x \ VMS Indian Root Pills. VguJ As a simple unit to| o£ the many who «m write testifying to IS the great benefit I ''•'"* V?-'-V£l£i§ ve( i from tak- • "VilfefiihlraßHiww ing Dr. Morse's Indian Root Pills, we have pleasure in quoting from Mr. W. V. Warren, 118, Princes-street, Church Hill, Sydney : — "Some years ago I suffered most acutely from Rheumatism and pains in the back, which I attributed to Kidney Trouble. I tried all sorts of remedies and cures, consulted doctors, but to no avail. Hearing from a friend that Indian Root Pills had a most beneficial effect on him (he suffering from practically the same complaint) he advised me to try them. I did so, and I am glad to say that not only did they give me intense relief after the first two or three bottles, but I may say that I am, to all intents and purposes, cured. I am never without what I consider one of the most wonderful remedies oi the century, and can confidently recommend them to any one who is suffering from a similar trouble. I may cay that after the suffering I endured I am at the present moment quite free from any kind of pain, which I attribute solely to In-

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