GISBORNE JUSTICE.

NZ Truth, Issue 174, 17 October 1908, Page 5

GISBORNE JUSTICE.

A PUBLICAN'S PLIGHT.

Magistrate Barton's Extraordi-

nary Conduct.

A Case for the Minister of Justice to Investigate.

A great deal of capital was made by the Prohibition Party over the recent lambing down case m Gisborne, and the iniquity of the man who runs the pub. was proclaimed from the housetops. A case for the other side, however, has been brought under the notice of this paper, and as the Prohibitionist party are uot likely to say a word about it, and the respectable daily press is, as a rule, afraid to print the bare truth about anything, "Truth" feels that it is its duty as the one paper that has the people's confidence, to lay bare, the facts, , and show the pu'olic that there are more ways of relieving an innocent man of his cash than by getting him drunk and going through his pockets. Unfortunately, m the. case under notice ' NOTHING ILLEGAL TRANSPIRED, '„ and the publican who suffered has no remedy at law. All he had to do was to pay up and look pleasant. But to the facts. On January 16 of this year, Mr R. S. Chilton, who was taking over the British Empire Hotel m Grisbome, applied to.-, the. local S.M.*, Mr W, B. Barson, for a certificate to hold a hotel license. Although no particular- reasofi was brought forth to show that Chilton shouldn ? t hold -a license, . the Magistrate" thought -fit to refuse him, .As Gbiltdn had put his bit of cash into -the, hotel, he had to 'do something, so the license was. taken out m the name of. T. W. I Hackett, and that gentleman ran tlvs ho-tel-as though it were his o'<vii. Raekefct" had to hold the license six months before he could transfer, but, |as at the end of that .time, Chilton was still without his. certificate, Hackett> applied for a reuewal of the license, but this was refused on the ground that he was

ONLY A DUMMY. f; This meant more trouble for Cbilton, as the Magistrate had, made it plain f hat so long as he was interested m the hotel there would be trouble with the license. An arrangement was subsequently come to by which a man named Nasmith took over the much-troubled pub., Nasmith carried it on until August, when another application was made to Magistrate Barton for a certificate. The examination of Chilton was held m open court and sufficient witnesses were tendered to sat-, isfy Magistrate Bartan that > Chilton was quite good enough citizen to hold a license and a certificate was granted. It took thej'lagistrate eight months to find this put. Chilton, to get the rights of ■ has hotel had to pay £608 14s 4d: (particulars of which will be shown later.), just because 'it took Magistrate Barton eight months , tp^ discover -that Chilton .was: a .fit and proper person ,to hold a license. Perhaps Barton, who. is a good Christian, temperance citizen, when he reviews the following figures, will send Chilton a cheque for a part of the amount as a recognition of the wrong he has received, or perhaps he will adopt the -tactics of his i Prohibitionist friends, &yd start a subscription for Chilton. •• m all fairness it seems he should do something. Let him look at the figures and say for himself:—

It will thus be seen that jto get a certificate to hold a license this man Chilton had to pay the sum of £608 14s 4d,; and "Truth" wants to. know why; If Chilton is not of good enough character to hold a license, why was -he granted a certificate at all ? And if he was a good enough character to hold a license what right has . any. Magistrate to humbug him about (for eight months and cost. him over six hundred pounds m lawyers' fees and managers' salaries ? Here is a man who, is twice refused a license by a magistrate on magistrate's own say so, and is granted a license the first time his case comes, into open court before a number of prominent citizen witnesses' ! He has had to staiid down for eight months and the process has cost him £608 14s 4d, but never . a word is said against the magistrate who refused, the license m the first instance, and yet granted it oh a subsequent application. Of course magistrates have this ;power, and if : they think ■so fit can delay the granting of a certificate for a very long period, but this power is seldom used .without good and sufficient reason. Can Magistrate • Barton explain his good and sufficient reason for withholding UhiKon's certificate ? Since he had to grant it m the face of public opinion, it ldoks very much as though that explanation would take a lot of finding. If a drunken shearer or woodfelier gets taken down for a few quid m a pub. there is hell to play. . The police fall pvtr themse',-, yes to get a case against somebody, 'the licensing bench is down on the publican with the enthusiasm of a; hunary eat on a pint of fresh cream, and the prohib. push

TALK THEIR THROATS SORE about the general cussedness of the drink habit. But when a publican has to part up £600 odd quid for the light 1o hold a license— a right t-hat no reasonable excuse has been shown for denying — the only man who seems to have a grievance about the matter is the publican himself. Th^ police smile and say nothing. The Prohibition party wink the other eye .and say less, whilst the general pub l lie flaps its long ears and is satisfied to keep m the station it has pleased, God to put it. "Truth" has no hesitation m saying that Chilton has been very badly dealt with, and as an innocent .man has suffered, as heavily (legal/y of course) as any lambing-down victim. In the face of these facts, and because of them, "Truth" would like to know what -the Minister for Justice thinks of it, and would like him to make sqmersort of an inquiry into the matter if his arduous duties will spare him for live minutes one of these fine days.

'■-•.■■ £ s. d. £ s. d. De Lautour, Barker an!d Stock- ... 8 5 4 W.L. Rees ... 511 2 4 . Reesßr s. & Bright 6 28 Nolau & Skeet ... 19 13 0 „ „ ... 4 1 G W. J. Nolan ... 25 0, 0 ; r— , 114.14 4 T, W.Hackett „, ' '150 0 6 I. > » (Board, self and wife) .... 144 0 0 M.G-.Nasmith ... 200 00 ; £608 14 4 A