LIQUOR AT CLUB

New Zealand Herald, Volume 80, Issue 24537, 20 March 1943, Page 4

LIQUOR AT CLUB

CONVICTION UPHELD COMMENT BY HIS HONOR The appeal by William Opie, described as the national secretary of the New Zealand Rugby League Old Boys' Association. Incorporated (Mr. W. W. King), against his conviction and fine for selling liquor without a licence has been dismissed by Mr. Justice Callan. The conviction and fine of £lO 10s and costs were confirmed. The appeal was opposed by Mr. V. R. Meredith for the Crown. During the argument, said His Honor, it was stated that while in September last the membership of the club stood at 674 it now exceeded 1000. It would be less than fair to the appellant and to the association not to record that it was readily conceded that this was a genuine and not a sham club. Thi3 appeared to bo a case in which the officers of the association were of opinion that the methods they followed in facilitating the supply and consumption of alcoholic liquors on the premises of the association did not infringe the law. His Honor rejected the submission that the appellant acted merely as the agent ot the individual member to procure a sale of liquor, and held that the association entered into an executory contract for sale at retail prices with each member. There was a sale within the meaning of section 195 of the Licensing Act. 1.908. " It may be." concluded His Honot, "that this conclusion is to be regretted, because it may be that the environment created by the rooms of tin* association and the companionship there afforded create conditions for drinking at least as desirable as many which do not offend against the statute. But the Court's duty is to interpret and apply the language used by the legislature." UNDEFENDED DIVORCE Undefended divorce petitions were heard by Mr. Justice Callan yesterday. A marriage of short duration was disclosed in the case of Charles Oliver Ernest Broad (Mr. Haigh), who was married to Edna Helen Broad in August, 1929, at Hamilton. In November, 1929, she came to work in Auckland, petitioner said, and although they had a holiday together in Palmers ton North in 1930, they had never lived together since. They agreed to separate in September, 1931. A decree nisi was granted, with interim' custody of the child to the petitioner. A decree nisi was granted to Clarence Henry Holmes (Mr. Becker leg) against Edith Linda Holmes (Mr. McLiver) on the ground of separation. Adultery was the ground on which Violet Helen Slater (Mr. Beckerleg) was granted a decree nisi against Victor Slater.