THE LICENSING LAW.

New Zealand Times, Volume LXXI, Issue 4405, 11 July 1901, Page 6

THE LICENSING LAW.

CONFLICTING DECISIONS. (By W. W. Tanner, M.H.R.) , It is always interesting to watch Magisterial decisions bn 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 tq call public attention. Assuming the accuracy of the reports, Mr, Stanford, S.M. at New Plymouth, on July Ist, in delivering a judgment, makes rise of the following : t —“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 be literally interpreted it would appear that defendant must be convicted, 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 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 it® 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 t ‘ PRESS ASSOCIATION. NEW PLYMOUTH, July 10. Mr F. W. Isitt addressed a large meeting at the Theatre Royal on licensino- matters. He first dealt with the recent remarks of Mr Stanford, S.M., in relation to the 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 the Stipendiary Magistrate that strenuous efforts had been made by underhand and illegitimate means to affect his judicial action should bo made the subject of a judicial inquiry. Mr Isitt then addressed the meeting on the subject of licenses in the King Country, contending that the bargain made at -the opening of the country, that no liquor should be introduced, should be adhered to. A resolution was carried protesting against the introduction of licenses into the King Country.