THE LICENSING LAW

New Zealand Mail, Issue 1533, 18 July 1901, Page 53

THE LICENSING LAW

CONFLICTING DECISIONS. (By W. W. Tanner, M.H.R.) It is always interesting to watch Magisterial decisions on the subject of the licensing law, but reports of two have appeared in the “Times” within a week, which only need placing side by side to call public attention. Assuming the accuracy of the reports, Mr Stanford, S.M. at New Plymouth, on July Ist, in delivering a judgment, makes use of the following: —“lt may often happen that I do not agree with the law I have to administer, but I never have mended it, and never shall attempt to mend it by my decisions.” Quoting Maxwell on the Interpretation of Statutes, he continues: “The Court is not at liberty to speculate on the intention of the Legislature. ... of what ought to have been enacted. The question is not what the Legislature meant, but what its language means, what it has said it meant.” This argument is not to be controverted. The responsibility of the meaning of any Act rests with the Legislature. Put alongside the foregoing the following from the decision of Mr Brabant, S.M., of Auckland, as reported on Wednesday morning: “His Worship said if the words of sub-section 5 of section 22 of the Alcoholic Liquors Act were to he literally interpreted it would appear that defendant must be convict* ed, but he was certainly of opinion the Legislature did not intend such a sale to be an offence. . . . If a conviction resulted in the present case, the license would have to be endorsed, and

he should regret if he felt bound to convict, as a very heavy punishment would be inflicted for an Act which, in his opinion, the Legislature never intended to make illegal.'’ Comment on the above comparison would only spoil its beauty; but what can be the effect on the public mind of decisions so worded. Do they enhance respect for the law or its administrators ?

NEW PLYMOUTH, July 10. Mr F. W. Isitt addressed a large meeting at the Theatre Royal on licensing matters. He first dealt with the recent remarks of Mr Stanford, S.M., in relation to th© application for a license for the Hotel Commonwealth. A resolution was carried to the effect that the granting of that license was extremely unsatisfactory, and the statement of Stipendiary Magistrate that strenuous efforts had been made by underhand and illegitimate means to affect his judicial action should be made the subject of a judicial inquiry. Mr Isitt then addressed the meeting on the subject of licenses in the King Country, contending that th© bargain mad© at the opening of the country, that no liquor should be . introduced, should be adhered to. A resolution was carried protesting against the introduc® tion of licenses into the King Country.