PARLIAMENT.

Hawke's Bay Herald, Volume XXXIX, Issue 12868, 21 September 1904, Page 3

PARLIAMENT.

[PBXB9 IaaOOIATIOX.i LEGISLATIVE COUNCIL. TUESDAY, SEPTEMBER 20. The Council met at 2.30 p.m. The Council agreed to abandon its proviso in the Police Offences Bill giving power to the Colonial Secretary to issue permits for boxing contests other than those authorised by the bill to be held under registered clubs and associations. The Education Acts Compilation Bill, the. Divorce and Matrimonial Causes Acts Compilation Bill, and the Marriage Acts Compilation Bill were referred to a special committee.

The Hokitika Harbour Board Em powering Bill passed its final stages. The Council rose at 3 p.m.

HOUSE OF REPRESENTATIVES. TUESDAY, SEPTEMBER 20. The House met at 2.30 p.m. LICENSING BILL. Consideration of the Licensing Acts Amendment Bill in Committee was resumed. At clause 41, giving magistrates discretionary power with regard to endorsement of licenses in certain cases, Mr Seddon moved an amendment to extend the discretion to cases where an innkeeper knowingly supplies drink to a constable on duty or bribes or attempts to bribe a constable. Mr Seddon pointed out that the penalty at present was so extreme tnat it defeated its own purpose. The magistrate would still have power to endorse the license if he thought fit. The amendment was agreed to.

Mr Seddon moved a new sub-clause providing that any endorsement made after the passing of this Act shall lapse if no subsequent endorsement is made during the two years following. The Premier explained that he wanted to bring this Act into conformity with the existing law on this point. Mr Taylor pointed out that these clauses with regard to endorsements meant an enormous financial concession to the trade, and far outweighed anything that had been conceded to the temperance party in this bill. Mr Seddon said the present law with regard to endorsement led to perjury, and magistrates were unwilling to convict in some cases because of tile necessity for endorsement. The amendment was agreed to, and the clause as amended passed. At clause 43, “Recording convictions,” Mr Witty moved an amendment to the effect that where a licensee has three convictions recorded against him in three years he shall be disqualified for all time from holding a license. The clause provided a disqualification of five years from the date of the third conviction.

Mr Seddon moved a prior amendment providing that it should not apply to endorsements made after the passing of this Act. This was agreed to. Mr Taylor moved a further amendment to provide that three convictions at any time (and not within three years as proposed) should render the licensee ineligible. Otherwise, he urged, there would be no chance of the clause being operative. He warned the moderate members of ihe House that if they wanted to give the trade rope enough to hang itself they were doing it under these provisions. These clauses would, he contended, encourage and not discourage bad characters in the trade, as it would be almost impossible to convict a publican three years running for such a serious offence as would warrant endorsement. Mr Taylor’s amendment was lost by 56 votes to 17.

Mr Witty’s amendment making the disqualification permanent was agreed to on the voices.

With regard to sub-clause 2 of clause 43, dealing with the forfeiture of the license as far as the premises (and not the licensee) are concerned, Mr Seddon moved an amendment to provide that should any local option vote be taken during the two years during which under the clause a license is forfeited for offences, and Continuance be carried, the forfeited license should be deemed to exist at the time this poll is taken. Mr Taylor complained that the whole tendency of the amendments made that afternoon was to free the trade from all restraint, and to make it a matter of indifference to the brewer whether he had a good or bad man in his house. Mr Seddon’s amendment was agreed to on the voices, and the clause as amended was agreed to. In clause 45, making provision in cases where a license is not renewed before the expiry of the old license, an addition was made providing that when a suspended license is finally granted the licensee shall pay only the portion of the annual license fee then remaining unpaid. Some discussion took place on clause 46, atlering the definition of a "bona fide traveller.” The Premier explained that tile alteration meant that a licensee could serve a person "at the end of a journey.”

Mr Witty moved an amendment enabling a licensee to supply any person with a reasonable quantity of liquor for consumption at any meal provided by the licensee on the licensed premises. He contended that his amendment would do away with the trouble caused by the person who goes a certain distance out of town to get a drink. Mr Witty’s amendment was negatived on the voices. Mr Taylor said the bona fide traveller was merely an excuse for an enormous amount of Sunday trading. He suggested that to save all the trouble they should do away with the bona fide traveller and leave the supply of liquor on Sunday to those persons who had meals at hotels.

Several other members also expressed the opinion that it would be a good thing to wipe out the bona fide traveller provision altogether. Mr Seddon moved to add a proviso to the clause to the effect that a traveller could get liquor only at the end of three miles, and would have to travel another three miles before he would be entitled to another drink. Mr R. McKenzie asked why bona fide travellers should be refused a drink on Sundays when members of clubs could get liquor at all hours. Mr Seddon’s amendment in clause 46, to limit the traveller to one drink for every three miles, was further discussed.

Mr Ell opposed the amendment, on the ground that it would only perpetuate the present unsatisfactory state of things. Mr Buddo tiiought a more sensible plan would be to fix a distance of seven or eight miles between drinks. Mr Seddon said that men who wanted a drink would get it whether they had

to go three or ten miles for it. Mr T. Mackenzie suggested that no person should be served wit,b liquor on Sundays within a radius of ten miles of the large cities. After further lengthy discussion, the Premier’s amendment to make throe miles the distance limit for the second drink was rejected by 41 votes to 34. A motion by Mr T. Mackenzie to fix the limit at five miles was adopted on

the voices. Mr Taylor urged the Committee to negative * the whole proviso, with a view to blotting out the bona fide traveller altogether. The Premier’s proviso, as amnded, was then added to the clause on the voices. At this stage there appeared to be some confusion among members as to the proper course to adopt, seeing that the intention to make live miles the limit in the first instance, as well as in the second, had not been given effect to. Eventually it was decided that, as the Committee could not go back, an en-j deavour should be made to put the clause in order later on. Tlie motion that clause 46, as amend-1 ed, be added to the bill, was carried ■ bv 53 votes to 31. I 'The next clause was 47, dealing with { wholesale licenses. It provided that ■ the two gallons of liquor which wholesale licensees may sell must be all of one kind. Mr Major opposed the proposal. He considered it would be hard on the Christmas hamper purchasers and others, while it would be gladly welcomed hy the hotelkeepers. Mr Lewis did not see why a person •hould he compelled to purchase more liquor of a kind than he wanted. He moved an amendment to provide that a wholesale dealer may sell two gallons of mixed liquors, but that he may only sell at the. premises specified in the license.

Mr Seddon said he had not had any objections to his proposal from the holders of wholesale licenses, although it was in the bill of last year. Mr Massey retorted that complaints against the proposal had been made to members. The present clause would merely drive the purchaser to the hotels for a single bottle. Mr Taylor supported the clause. After some discussion,

Mr Seddon moved an amendment to make it clear that the two gallons must be delivered at one time and to one person only. This was agreed to.

The Committee also amended the clause enabling the dealer to sell two gallons of liquors instead of two gallons of the same description of liquor. A new sub-clause was moved by Mr Vile, providing that no wholesale

license shall be granted or renewed in any borough or town, district in which there is no licensed house. Mr Seddon moved to amend this to firovide that it Shall not apply to new menses. This waa agreed to on the voices. The sub-clause was further amended by providing that it should not apply to renewals. In this form it was agreed to. At clause 48, “Supplying spirituous liquors to young persons,” Mr T. Mackenzie moved that the age limit at which spirituous liquors can be supplied to any person be increased from 18 years to 21 years. This was negatived by 48 votes to 26. _ The Committee, however, omitted that portion of the clause exempting “a traveller” under 18 years of age. Clauses 49, providing a penalty for sending children under 13 years of age for liquor; clause 50, making the person found on licensed premises during prohibited hours liable lo a. penalty; clause 51. dealing with prohibited persons ; and clause 52, providing a penalty for permitting gambling on licensed promises, wore agreed to without alteration.

Clause 53. “Persons actually supplying liquor liable in certain cases.” was passed with a minor amendment. At clause 54, which provides that every person who supplies liquor to any Maori for consumption off the premises is liable to a fine not exceeding £SO, Mr Seddon said that this provision would prohibit the sale of chink to Maoris for consumption at tangis. Mr A. L. D. Fraser strongly opposed the clause, as setting up the colour line with regard to men who were allowed to represent their fellows in the House. The clause meant that the Native Minister could not have a drop of liquor in his house. Neither could .Mr Ngata, M.A.. nor Df Pomara.

Mr Seddon said the clause was drafted to stop a disgraceful 'State of things on the West Coast and other parts of the North Island in connection with tangis. The clause might have gone too far, but the number of educated natives was few as compared with the remainder, and they would be glad to observe the law as proposed for the sake of their fellows. Mr Heke agreed with the Premier, and said there was no desire on the part of the majority of the natives to see liquor carried into their kaingas. Mr Seddon suggested that the limitations proposed by the clause should only be imposed in districts defined by the Governor and gazetted. Mr R. McKenzie urged that the na tives in the Middle Island should be exempted from the operations of the clause. Mr Herries thought the whole clause should be thrown out. Sir William Russell said that a provision of this kind was not required in Hawke’s Bay, when the natives were not given to excesses The Premier’s suggestion was adopted. A proviso was added to the effect that the clause should not apply to any Maori married to a European or to any half-caste living as a European. The clause as amended was added to the hill by 60 votes to 11. Progress was then reported. The House rose at 1 a.m.