LICENSING REFORM.

Lyttelton Times, Volume XCVI, Issue 11053, 3 September 1896, Page 4

LICENSING REFORM.

Me Justice Deitoiston lias placed Lis finger upon a weak spot in our judicial procedure by remarking, during the Rearing of the Hereford Hotel case, upon the absurdity of allowing appeals upon questions of fact. We presume his Honor would not take exception to such appeals in cases where fresh evidence had been discovered, and with that understanding we heartily approve of his condemnation of the existing system. It is absurd that' a decision arrived at by the lower Court, after a careful hearing of evidence, should be reversed because on re-trial an essential witness may quibble, refine or prevaricate. We can conceive of no better method than this of bringing the administration of justice into contempt, and we hope to find steps taken to amend the law in the direction indicated. The Judge also threw out in the same case a suggestion for the more effective carrying out of the law that forbids a publican to supply drink to an intoxicated person. In the case under notice the conviction was quashed on appeal because the only witness who had in the Police Court testified to a drunken man being supplied with beer, declared in the Supreme Court that he only thought the liquor looked like beer, hut it might have been ginger ale. Mr Justice Denniston in his capacity as judge has to administer the law as he finds it, and he had no option but to dismiss the information in this case ; but in his capacity of private citizen he has a right to suggest how the law may be improved, and he did not hesitate to express from the Bench his opinion that it should be made an offence for a publican or his servants to supply drink of any kind to an intoxicated person. Such an amendment would probably provevery usefulin preventingevasions of the law, and as the Judge remarked, it would not impose a hardship upon anyone; unless, indeed, it became fashionable to dispense “ sobering drinks ” at hotel bars, when it would be rather grievous to prevent a man from taking a steadying and tonic draught. Such a drink has not yet been popularised, however, and if intoxicated persons should develop a passion for ginger ale—which they rarely do—they can always rely upon obtaining a supply of that beverage at a fruit-shop or a restaurant. defect in the law pointed out by Mr Justice Denniston, with the other to which we referred a few days ago, regarding the supply of liquor during prohibited hours, ought to receive the attention of Parliament when the Bill to amend the Alcoholic Liquors Sale Control Act is under consideration.