Mr. Stout's new Licensing Bill, to be brought in at the ensuing gessien of the Assembly, will cause public attention to be again directed to the various methods which are
being adapted in England and America toi check or suppress the crying evil of intemperance. The experiments attempted in; that way in' America' have always been regarded with much interest; firstly, as society is there untrammelled by many of the rules and customs which have acquired; the force of law in the more settled: States of Europe; and, secondly, as the fit-; ting theatre on which a large number of social problems will yet be solved. In the State of New York, the vigorous enforcement of the Civil Damage Law is deeply agitating the licensed victualling fraternity, and they are combining for trade protective purposes. The New York Press speaks very favourably of the effects of the new law. Attempts have been made to suppress intemperance principally by three methods : (1) Regulated excise and licence laws; (2) entire prohibition; ' and (3) suing the seller for the damage done. The American measure goes npon the principle that thoso who make the profit should pay the damage. No less than twelve of the States of the Un on have the Civil Damage Law in actual operation, and in. New York city, whi-re the publican interest is especially powerful, a Mrs. Scully has just recovered 54 dollars from a publican for supplying liquor to her husbaud. The decisions of the Court of Appeals in the various States have giver, the fullest scope to the principle thiit the traffic may be allowed, but only subject to 1-he trader's strict pecuniary responsibility. In the case oE wives, the law has been freely applied to their protects, and gives redress for all the varied personal and pecuniary injuries which the inteincation of the husband may bring upon her. In Illinois a wife has been awarded 12,0.00 dollar 3 for the loss sustained by her husband falling into habits of intemperance, discontinuing his business, and wasting his means. The Courts are not unanimous an to how far the liability extends, but the suits instituted and verdicts recovered have had a cautionary effect. Bat the law is not for the/benefit of any particular class, any person may invoke it. The New York Tribune gives the following test case 3 in which the law was successfully applied :—" In the Court of Appeals case in which the constitutionality of the law was unsuccessfully contested, the plaintiff was the father of the drunkard. The son borrowed his father's horse and bug[>y for a four-mile drive. He drank at several saloons on the way, became intoxicated, and drove the horse so violently that it died. The father brought suit for tho value of the horse, not against the saloon-keeper, bat against the owner of the hotel. The point was urged, that to condemn an owner of a building in damages for each remote consequences of his tenant's trade, «vas contrary to justice, and beyond the power of the law-makers. The Court said that it appeared to be an extreme measure, but it was not unconstitutional, and the verdict ia the father's favour must stand. A father has recovered damages because his son was made drunk, and injured his heid, so that he became insane, thus becoming a dependent charge, instead of a valuable assistant. An intoxicated young man drove his mother-in-law, in the family waggon, so recklessly, that she was thrown out, and the father-in-law recovered damages. The law embraces among plaintiffs, all -who sustain injury ; and among the defendants, both those who carry on the business, and those who provide establishments for it."
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New Zealand Herald, Volume XVI, Issue 5497, 30 June 1879, Page 4
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612Untitled New Zealand Herald, Volume XVI, Issue 5497, 30 June 1879, Page 4
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