THE WANGANUI RIVER.

New Zealand Times, Volume LXXII, Issue 4818, 22 November 1902, Page 2

THE WANGANUI RIVER.

ISSUE OF PACKET LICENSES. Yesterday morning the Chief Justice delivered judgment in the application made by Murdock Stuart for the issue of a mandamus against the Wanganui Licensing Committee directing them 10 hear and determine an application made by him as master of the Wairere steamboat for a packet license on the Wanganui river between Costlecliif and Whenuatere,

His Honor said the main question to be determined was the meaning of section 25 of the Licensing Act 18bi. which enabled the Governor, by proclamation, to declare “that no license shall bo granted” in a block or area of native land, and added, “and it shall not bo lawful for the Licensing Committee to issue any license to take effect within any block or area so proclaimed.' In this case a largo area of land through which the Wanganui river flows had been so proclaimed in ISB7, It was clear that while the steamer was in port, or at rest at any of the places on the river, sales must ceaso to the passengers, and sales to any one not a xm®“ scugcr was at all times illegal. The packet license only authorised sales to passengers whilo the steamer was on her passage between ports or places. A packet license was not a license for the sale of liquor in a block or area. If u were, tho application could not have been heard by the Wanganui Committee for the part of tho river referred to which was in the Patca licensing district. In his opinion the license was not “to take effect” in tho block or area in question. It had an effect in the block, but it did not take effect as a license there. No doubt the object and aim of section 25 was to prohibit sales of liquor in Maori districts, but in this respect, as in many others under our licensing law, the provisions were not sufficient, in his opinion, to carry out the intention of the Legislature. He must, therefore, hold that the committee had jurisdiction to issue a license as applied for. Ho had nob to consider tho merits of the application; that was for the committee. But in case his decision might be misconstrued, ho felt bound to point out that tho committee had ample powers to refuse any packet license, and if thoy to believe, that tho issuo pf such was against the wishes of the Maoris and would be injurious to their welfare, _ they woula bo only, acting in conformity with the spirit of tho Act and of tho Governor's proclamation in refusing packet licenses on the Wanganui river. _Ho felt sure that the people of the district did not desire to soo the Maoris injured in any way. Tho convenience of’a few tourist? would not, by any‘fair-mind?! man, bo placed in the scales against the preservation of the Maori race. Ic would bo a great injury to tho tourist traffic to put it on so low a ground co tho Maori life of tno river destroyed, and the preservation of : the Maona was net, only our duty as a people, but- m the financial interests of Wanganui itself. As it was clear that the license v as refused on the ground of want ot jurisdiction, and no decision was come to on the merits, tho mandamus to hear and determine must issue. No cotta would be granted.