PUBLIC MEETING IN LYTTELTON.

Lyttelton Times, Volume XIX, Issue 1093, 2 May 1863, Page 4

PUBLIC MEETING IN LYTTELTON.

TO CONSIDER THE PUBLIC HOUSE ORDINANCE. A meeting was held in the Town Hall, on Wednesday evening last, called by W. Donald, Esq., R M in compliance with a requisition signed by the inhabitants of the town. The object of the meeting was to discuss the existing state of the law as embodied in the Public House Ordinance, with a view to its amendment. It appears that some dissatisfaction has been felt with a recent decision of the magistrates affecting the renewal of Mr. Atkinson's license for the Universal Hotel, the particulars of which have been before the public. The proceedings were opened by Mr. Davis proposing, and Dr. Murphy seconding, that the Resident Magistrate take the chair. W. Donald, Esq., said: A requisition, signed by the inhabitants of this town, has been placed in my hands, and in compliance therewith I have called the present meeting. I trust that a patient hearing will be allowed to all. Riotous behaviour leads the indifferent bystander to believe that unpleasant truths are being told which it is not desirable to hear Every man has a right to express his opinion, however distasteful it may be. I claim an impartial hearing for all who may wish to address the meeting. mnv'i! K « D T ,:LI ' . sai<l: 1 llavc bceu requested to nxne the first resolution. I am not prepared with a speech, nor do I possess sufficient power of eloquence o impress upon your minds its power and truthfulresolution 0 prCSCnt tinio, 1 ,IL^ r to mMVe tlie following

3}'"!' thjs ineoting has viewed with considerable surmise the refusal by the licensing Magistrates to grant a publ.can's license for the Universal Hotel for the ensuing E for such "° ttdcqU,lto CaUSC c ' xists

The speaker then resumed: That the magistrates were clothed with extraordinary powers was patent to all; they can arbitrarily say to the public what shall or what shall not be done; they are either a great blessing or a curse. lie would ask if the present system were a wholesome state of things or not? The Magistrates were pleased to say that Mr. Atkinson's house was accounted a disgrace and reproach to New Zealand, and had established that as a fact by withholding the license to it. Their decision had been expressed without any evidence being given to the public. They have taken and exercised powers, most objectionable to the spirit of Englishmen. It was the custom in the old country to exercise similar powers, but then there is an appeal there from the decisions of the bench, and consequently that bench carefully exercised its powers, as it knew its decisions might be put aside, and its authority laughed at. But here there was no appeal; a decision is come to, and it is final. Mr. Atkinson has a heavy rent to pay of £GOO a year for the house, has no available capital,- and has pledged his credit to the utmost limit. There has been no previous conviction for any breach of the law while he has been tenant. Not a shadow of pretence is made that Mr. Atkinson has violated the law. All Mr. Atkinson's future prospects have been destroyed, and the bread is taken from his children's mouths. It is true that there is a great lack of hotel accommodation in this colony as compared with the old country. We have no skilled servants. Landlords have to depend upon such servants as they can get for the accommodation of their customers. Gentlemen accustomed to the delicacies of life, with maudlin ideas about creature comforts, arrive at an hotel, pine for feather beds, warm water to put their feet in, and a basin of gruel, and come perhaps at a season when it is impossible even to get a mutton chop. Now because they cannot obtain these things, are landlords remiss? The magistrates should have made out a case that the Universal Hotel was really unworthy of a license before they took away the license from it. I will now read a letter received from Mr. Donaldson:— Peterborough Street, Christchurcli, April 21, 18G3. Mi*. Atkinson. Dear Sir, —A rumour has reached mo tlmt you have not obtained a renewal of your license. How is ' this F lam sure no objection could be made against your table or your accommodation. But perhaps it is not true; I should be really sorry if it were. Public report seems to say so, however Now, all I have to say is, I think it a shame ; and if my feeble testimony in favour of the excellence both of your table and accommodation is of any use to you, you are heartily welcome. I lived in your'house a considerable time, and had plenty of opportunity for observation. I thought it a well conducted and well ordered house, with good supplies and clean sleeping apartments and the meals served plentiful and well cooked. My .self and family were also well treated and well served. I am, yours truly, Eobeet Donaldson". There was not a tittle of evidence brought against Mr. Atkinson on the license day. It appears that some individual had got into somebody else's bed and a disagreeable contretemps ensued; was it such a disgraceful fact to the landlord that he had not another bed to furnish? The members of the bench, in exercising their arbitary powers, sacrificed Mr. Atkinson to get a better hotel. The speaker then read a letter from Mr. Hay, as follows:—

Lyttelton, April 28,1863., Mr. Thomas Atkinson. Dear Sir,—Having but just arrived from Pigeon Bay, I am very much astonished' to hear that the decision of the presiding magistrates at, the late licensing meeting has been so adverse to the public interest of the Port of Lyttelton as well as so injurious to your prospects in your future carcer. Such, in my opinion, must be the ultimate result of an arbitrary act on the part of our present justices. My object in writing is to inform you and your friends that I have been in the habit of frequenting your house whenever my business called me to the town since you have had charge of the Universal Hotel, and I am desirous of testifying my appreciation of your kindness and unremitting attention to my comfort in everyway. I may also mention that I have heard from many old settlers on the Peninsula expressions of a very satisfactory nature as to the general good conduct and cleanliness of your house. Yours, &c., Ebenezek Hay. The arbitrary manner in which the magistrates had exercised their powers was not only calculated to bring discredit upon the Bench, but a serious injury to the trade and town of Lyttelton. Mr. Bradwell resumed his seat amidst great applause. Mr. Davis, in seconding the resolution, said: I consider the decision of the magistrates, in taking away the license without giving notice, very unjust. Since I have been staying at the Universal Hotel, I can safely say that every comfort could be obtained there. It is not myself only, but there are two others staying with me. If I had not been made comfortable I should not have stopped. Everyone should assist to get back the license for Mr. Atkinson, which had so unjustly been taken from him bv the magistrates. Dr. Murphy said he had been at various hotels in different countries, and had never met with a more kindly man than Mr. Atkinson in his life. He also expressed unlimited satisfaction with the fare to be got at the hotel, especially the brandy. The Chairman having put the resolution to the meeting, it was carried unanimously. Mr. 1. Merson rose to propose a second resolution, which he read:— . » s in the existing state of the law, the adverse decision of the Bench of Licensing Magistrates may have the effect of closing for twelve months one or more of the pimcipal hotels in the province, thereby causing great public inconvenience, and inllicting a heavy penalty on a licensee without conviction, trial, or production of evidence, it is important that a power of appeal from such decision to some higher tribunal should exist.

Mr. Merson then remarked that he shared the deep conviction which had spread through this town that a blow had been inflicted against the public interest of the town to gratify private spleen and malice. Were they to be told what they—Englishmen—should drink? Let them recollect what they used to do at home, and stick to their colors. The ' Lyttelton Times ' had a leader ready cut and dried to defend the course to be pursued. It was a mere pretext about an old chunk of cheese being the only thing to be had in the house. AYhen travellers went over the hill nothing was now to be had at Mr. Birdsey's, so they were forced to go to Christchurch.' Mi. I) Oyley then rose, and said he begged to second the resolution. He wished to direct special attention to the existing state of the law, which allowed magistrates to do as they please. The effect 01 the decision of the Bench was not only adverse to Mr. Atkinson, but also to the town of Lyttelton. vi! 1 xi , wante{ l w as a law that would assimilate with the law of England. There they must convict three times before a license could be taken away. Upon a first conviction the penalty was £5, a second offence within 3 years was visited by a penalty of £10, and upon a third charge being sustained within a like period, the penalty was £50, and the publican was bound over in recognizances, and ordered to find sureties. Then, _ after this, the license could be taken away, but in all cases there was an appeal to the Quarter Sessions. The landlord of the house had no case against Mr. Atkinson, as there was nothing to show it was through his fault that he license had been withheld, lie had great reason to confirm the resolution.

llie Chairman then put the resolution to the meeting, which was carried unanimously. Ir. lukece, in rising- to propose the third resolution said his sympathies were with Mr. Atkinson, tie believed this conviction resulted from the fancy of a few men. He liked his beer in moderation as well as any other man. lie believed that there were some men who would take down our offices if they thought by so doing they should aggrandize Christchurch. It was a duty they owetl to themselves and children to take the matter in hand, and they would not have it. Mr. Preeee then read the third resolution:— That, the member tor Lyttelton be requested to endeavour to obtain an amendment of the Public House Ordinance, and that a petition be presented to the Provincial Council at its next sitting to meet, the purport of the last resolution. Mr. Johnson begged to second the resolution and said he could not. make a speech, but he quite agreed with it. b Mr. Ravneu rose and said that lie did not think the Lyttelton members had done their duty The

people would like to see more of them; I hey were sent to represent and protect our interests, and to put down tyranny whenever it existed. It behoved them to look alive or everything would Ik: taken away over the hill. Hut there was one consolation-1 that they would never get the big ships to Christchurch. Our bay was the key-bole of the province" and so long as they got good men to represent in the Council they need be under no apprehension He saw one of the members present who hud f ( iu„i j their battle, and if they would back him up tj l(; ,7 M( j was theirs. Mr. Rowland Davis, M.P.C., said that he did M |[ in his power to prevent the passing of the biil. i,, if he was unable to do so; the bill was cari'iV,! through its various stages with most, indecent. The bill was a hobby, and generally known us Gerald's Tippling Act. He considered that it was a loss to him of £1000, as no respectable man would now invest his money in public house property. Jt was a gross error to suppose that the publicans encouraged drunkards. It was not so, as they drove away the good men from the house. There was a large addition of new blood in the Council, and Ikhoped that an amended Public House Ordinance would be passed next session. Mr. Peacock, M.P.C., said that he considered th(. decision of the magistrates affecting Mr. Atkinson a most unjust one, and that he should he at his past and do all in his power to remedy the evil. The Ciiaihman then put the third resolution to the meeting, which was unanimously agreed to. Mr. Biudwkll, in proposing a vote of thanks to the Chairman, remarked that, although one of the members of the Bench, he had, dining the ionii period of his public life as Resident Magistrate, gained the esteem of all who knew him. Mr Donald, R.M, replied that, after such a flattering speech, he ought to blush, but he wouldn't. Referring to the anomalous position he occupied. Instated that he should have considered it a dereliction of duty if he had declined to call the meeting; he always perfectly identified himself with all the interests of the town; what passed in that dark assemblage relative to the recent decisions would remain a secret to all ages; but what his conduct was upon that occasion he would leave to be imagined by those who knew him best. Three hearty cheers were then given to the Chairman, and the meeting broke up.