INVERCARGILL BEER DEPOTS.

Evening Star, Issue 13001, 21 December 1906, Page 4

INVERCARGILL BEER DEPOTS.

An argument of considerable interest bearing on the licensing difficulty in Invercargill wa.s taken before Mr Justice Chapman in Chambers this afternoon. The case vras lloope v. M'Dowell. Roope is a brewer and M'lXiwcll ia the collector of Customs at, Invercargill. Since tie carrying of No-license Roope has had a beer depot just across tlie Waihopai River, and beyond tbo No-license boundary, where Le has been retailing beer in snail kegs. Recently regulations were made by tire Commissioner" of Customs forbidding the issue of further permits to his or other such depots. The- matter before the Court today was a notice of motion for a mandamus to compel the collector to issue permits to the plaintiff under section 32J of the Beer Dutv Act of 1880 for the removal of beer to bis depot for storage and salo. The new regulations provide that any such depots must be five miles beyond tbo boundary. Mr Skn, for plaintiff, contended that the regulations wero ultra, vires, his principal argument being that the Act was a fiscal <toe, and that the regulatioris wore not Eecessarv for i£s effectual administration. Mr Jiacassey (for tie ooirector) contended that section 32 of tbo Act woo permissive and not mandatory; that the collector could only grant permits enbject to tbe v regulations ; that tbo plaintiff had acquired no statiis under the Act; and tint it could be contended that the regulation wonW assist m the protection of the revenue. His Honor reserved judgment.