PACKET LICENSES

New Zealand Mail, Issue 1612, 21 January 1903, Page 55

PACKET LICENSES

AN INTERESTING POINT. Special to the “ Times.” WANGANUI, January 16. An important case, involving tlie application of river i:oainer packet licen-. ses, AA'as heard before Mr lvenny, S.M., to-day, when Murdock Stuart was charged with unlawfully selling liquor to William Walker on tho 26th December, on board the steamship Manmvai, at Kanihinihi, on the Wanganui river. Mr Treadwell conducted the prosecution on behalf of the police, and Mr Cohen appeared for the defendant. In opening the case ror the prosecution, Mr Treadwell said the information AA'as laid under section 159 of tho Licensing Act of 1881. The circumstances in connection with the supply ot liquor to Walker and Thomson Avere part and parcel of one offence, though tAvo informations had been laid. Mr Treadwell explained that the prosecution had nothing Avhatever to do Avith the fatality at Kanihinihi, and tho fatality had nothing to do with the prosecution. On Boxing Day the ManuAvai left Wanganui for the purpose of holding a picnic up the Wanganui river, at a place called Kanihinihi. The boat was in charge of Captaiin Stuart, and Tom Cannons Avas in charge of the bar. The boat Avas moored from 12.30 till 3 p.m. Planks Avere used as e a gangAvay, and passengers Avent to and fro. The prosecution held that an offence had been committed by selling liquor to Walker Avhile tlie vessel Avas moored, and that it Avas not a sale, within tho meaning of tho Act, during the passage of the steamer. Section 34 of tlie Act authorised the master of a steam packet or other vessel to hold a packet license to sell liquor during her passage to any passenger on board. As liis Worship AA’as Avell aware, the case Avas fully discussed in the case of the same defendant and Cullen, and the whole question Mr Kenny had iioav to decide AA’as Avliether it Avas a sale during the passage of tho boat. Mr Treadwell then outlined the e\’idence he intended to lead, and intimated his intention of putting in a copy of the evidence given by Captain Stuart at tlie inquest into the droAvning of a young man at Kanihinihi on Boxing Day. also stated that Cannons had made a statement at the inquest. That statement Avas not on oath, hut ho might find it necessary to make use of it. Mr Colien, for the defence, submitted that no offence under the L 1 censing#Act had been proved. The sections of tbs Act relied on by the prosecution Avere enacted, not for the control o-f the sale of liquor, but for the benefit of the public, and as such must be interpreted so as to enable public convenience to be gratified to the fullest extent, subject to the control of the provisions of the Licensing Act. Any vieAV of public opinion or feeling as to tho sale of liquor on river steamers should not be imported. The late Chief Justice, Sir James Prendergast, had decided in the case of Stuart ax Cullen that the sale to passengers at Pipiriki, that place being one of the termini of the voyage, Avas illegal, but he had also decided, and said so, that if the sale Avere c-flacted at stopping-places betAveen the termini it AA’as legitimate. In that case the passenger had taken out a return ticket to Pipiriki, and having reached the terminus, it was not justifiable to serve him there. He, however, submitted that, both by advertisement and by the admission of Avitnesses for the prpsecution, the excursion Avas an all-day one. The terminus was consolidated in Wanganui, and Avitnesses had stated they had no particular Avish to go anywhere, but Avere in the hands of the captain. The mooring of the vessel Avas merely an incident of the voyage, for the comfort and convenience of passengers. in point of fact, Kanihinihi was private property, where excursionists Avere not allowed to land. There Avas no evidence of ,a sale there. The nature of the excursion was such that it coukl not bo divided, and there AA’as no notification that, excursionists, if they so desired, could stop at any particular place, or that intending passengers who wanted to make the doAvn trip could do so. There ay as no intimation that the steamer Avould stop anywhere, and he desired to strongly emphasise that point. If Mr Treadwell were to succeed, the excursion Avould have to be divisible. If that Avere alloAved, then he (Mr Cohen) Avon id be forced to admit that the sale was an illegal one. Mr Kenny reserved his decision.