CLOSING THE PUBS.

NZ Truth, Issue 443, 13 December 1913, Page 5

CLOSING THE PUBS.

DID THE MAYOR MAKE A MISTAKE?

COiStTS S^^B The Royal

Monday last was a more thcfl usually interesting day at the W*M lington Magistrate's Court, m fl much that several publicans weH proceeded against by the police cfl charges of having kept their prfl mises open for business during thS period that the Mayor had ordered 1 the closure, m consequence of strike! troubles. " A. very largo amount of interest whs taken* m the proceedings, as such a ' contingency had never arisen m .Wellington before, and it was an open secret that THE VAJUTDrry OF 'THE MAYOR'S ACTION, failing a break-down of the Crown coses m the lower court, would bo j tested to the full. Inspector Hendrey battled for "law and order, '* while Lawyers Toiri Wilford and Mick Myers exerted their legal acumen to the utmost to show that the closing of the hotels was a silly action, to say the least of it, totally uncalled for, and that; the poor, ill-used publicans had not broken the law a.t all — or, if they diß, there was no law to break. .Lawyer, Sf.P., ex-Mayor, Tom looked fit to fight for a kingdom. He has certainly never been heard to better advantage. No gallery play would 7\ave availed under the circumstances; consequently it was a pleasure to listen to him hurling point after point, subtle argument after subtle argument at the imperturable Magistrate. Riddell's head. The first case, which practically became a ■>■ TEST FOR ALL THE REST, was that of Mrs. Margaret Mclntosh, proprietress of tho Royal Tiger Hotel, who was charged with

Social Democratic Candidate, who topped the Poll at LyUeU?n by-elee-tlon last Tuesduy. lie's a Social Democrat, And bis chat is At and pat, H© left the, Liberal Parly "cause 'twas saggln 1 ; If he reach the upper runif It will bo a bash at bung, For bo's lonj? beon on the cold water wagon. k oop ing open promises during the currency of the municipal order, John Fearc© J-uko said tJiift ho was "Atayor of Wellington, nnti hod also been a .J.p. for some seventeen or eighteen years. ITo and the Town Clerk had made all arrange* m<mt£ foi' tho closing of hotels. On On November i!ii all houses were ' closed. Each day ft notice was aent i out, the service of which was In thu hands^ of the Chief Inspector— Mr. Watson. Inspector Hendrey: What led to this purticulor hotel being closed ? Witness: I was guided by tho dtsturbanco around and ajonjj tho waterfront. The closing of tho hotels m tho vicinity of the rioting would only shift tho trouble further back. In my opinion, the only course I could take, as representing the city, was to close up all together. To get the last piece of evidence, Inspector llendroy had put a vory leading question, when Mr. Wllford interrupted and said, "You muat not lead. I know what you're driving at, and YOU KNOW I KNOW." Witness, continuing, said that tho Koyal Tiger und the hotel* udjaet>nt to 'that centre of trouble had been closed from time to time. On tho' jmrlicular date mentioned he hnd reason to believe that trouble would ensue. CrotMf-exaJnined, witness so id that bis reason for closing nil hotels \v«*» the K«nt?rally disturbed condition of ttflnfr*. John H. Palmer. Town ("lurk «uid ■J.l*., sntd tlmt bo bad uctwi with ! tbf Mayor, under unctions art-i and a»ja of the Act, m clowns the ho* lel«. t)j-dr»H for closing wore aervod by the City Council etalT. The reason for the order un tho Itoyul T*K«?r was tbnt, m Uie vjcimty, there were riots (Mr Wilford: TtJt ! tut !) and R<mcrttl diKordcr. A fresh order Wiiii jsuweil <>\Gry day. In eross-csaimnation, Mr. Wilford tried to elicit, m plain. umi)ißtnke~ able terms. th« rc%\ rtumons for iK*uin|f the cloxttiK' order. S»om« dimculty was found .m gcttingr the %vltlwasH to t?xpr*«» htrimolf 'definitely— whtither it wa« that «c>mi*thln^ h«»! h«%s»jwncd or uouuahlt^ joiglit lia|>P«n, Cyunfejl '»<mphrtti<"j»liy»: You know whn-t I hrn «i«-ivuijj at. Mr. rn.Amer. r--Wve KuiHcirnt knowl«*dji«« of you to know th«»t yvu ha-vc braJna. Wjtn»w<i: Thitnk you Cootlnoioff, Mr. Vtlmer, said that

George Cooper, Sanitary deposed to having served on Mrs. Mclntosh. !™pross-«xamined, he said that the was m an envelope, which -was • jV>t gummed. Witness had read the lltotice to the landlady, which was b signed by both the Mayor and the , Town Clerk, Witness, had been supplied with no copy of what he had . served, nor did ho compare it with! the copy m the office* 'He could not • swear THAT THERE WAS A COPY« | He supposed that there would be q copy of every notice. , Counsel: You suppose'! Witness, continuing, said that nd one saw him serve the notice on Mrs. Mclntosh. ' Senior-Sergeant Dew said that on November 22, at X.20 pan., he visit-; ed the Royal Tiger. He found tho BOOBS ALL CLOSED AND ! LOCitEi), On knocking, a girl opened the dooj^ He entered and passed along the pa»* sage to tho bar. Its door was ope* > and he saw the barmaid inside with & man, who gave his name. as AlexanderFraser., Eraser had two bottles of beer under his arm. Witness said to the barmaid, "\yhat does this mean ;" She replied, "Fraser purchased it yesterday and just called to get it.'* Mrs. Mclntosh then came on the scene, and said, "Maggie, why do you do it ? I've got enough trouble already!" Mrs. Mclntosh then turned to witness and said, "I gave the girl tho keys to i get a drink for someone who is having lunch." Witness did not sco Fraser enter tho premises. The hotel had not been opened that day or the day boforeJor the public sale of liquor. $efore the date m question, the district was very rowdy and one constable had been seriously injured. Mr. Wilford: What right had you to order the opening of the door when the Mayor had ordered it to be closed ? , Witness: I was told there, was' a special constable, inside. Defending counsel, m opening his case, said that ho claimed dismissal on several grounds. Tho notice, it served on Mrs. Mclntosh, was a notice under the Licensing Act and not under the J.P. Act. It was originated under sections 2«* and 285 of tho Licensing Act of 1005. .VU-cUon-* 40 and 47 of tho J.P. Act, lOOs*. gave leave to Justices, irt certain circumstances, to close hotels. Thoso provisions had not been invoked, though similar language was usod m bblh Acts. Tlie socuon wiled on by tho prosecution said that any person WHO KEPT OPEN PREMISES , during the tinjo of closure was liable to a ponalty of £30. Under tho circumstanced m question. What the licensee must not do was to keep the premises open. Othor offences were provided for m other sections of tho Act. .Section 334 dealt with a selfcontained oiTonce, (or which a specific penalty was. imposed. The only oflonco Mrs. Mclntosh could ho charged, with wns a broach .of the Mayor's notice m keeping her j»n> inises open for tho sale of liquor. The question ff»»-Pi«l Mrs. Mclntosh keep her premises open ? The sergeant hod SWORN THAT SHfc DID NOT. He said that tho doors were shut nnd locked. Tho wording Of section I'Si meant that access must be continually available. It was not uufUcieiit to say that tho door wan •■■*. opened when anyone knocked. With regard to tho notice itself, counsel «nid there was no proof of what it contained or of tho time during which it reuuUn*d m force. A most important point, also, wns whether the incidents loading to th-.» closuro process had happened, were happening, or were expected to hnppon. At this stnge the' .Mn«istrato. rc«crve*l his decision till Monrlny, December m. Ohris. Jensen, of the Wellington Hotel, m Moles worth-street, was o.lso indicted on a similar cl^nrK©. Oflicial evidence, similar to that tendered m tho Hoynl Tiger com\ was. Kjvon, when lawyer Mirk Myers' lookod after tho interests of tho licensee. Sergeant Mullanoy slnted thnt on visiting tho hotel he found the ouU-r doors closed. He socurwl admission through the Sydney-»strc«?t entrunte. 'llio only light he could sco wnn on« upstairs. On obtaining aceoss t.» the bar, he found the hnnnnn liehind the counter. In a sm»U room off tho bar were three men nml two women. A srlaw, filled with shundy'^o, was Ktontling on the &\U\o. Witness nsketl, "Who poured out. tho shiuidy ?" Tho barnicm rc|>H«*<l, "? rlitl. It wns for myftelf." TJ»»» only light m the. bar c»une frotn n cnuillc. One of the, aien m thu small roora suid that ho w«h a !>ottrtl<t, f'ross-QXarafnejl hy Mr, Mypm. witnes» *aU\ that he haU no rv«*»on to doubt that TJIK PUBLIC BAH DOOJt WAS LOCKED. lie hod been m the hot* v l on tJn'j'r**viou« day und had fount! n«lhin>; wrong. For the defence, countwl roulpndffd thnt thr; c««« »houlrt I>* dtonU«Ml.' Ho fully ondbnu-Hi tho mftfinitttionit macJo by his leftrnod friend, Mr. Wilford. m the «o.Vftl Tiifor mi**. JIIK Worahip rewjrved his dilution

Previous to the hearing of tk<#<> two lcn<HnK c*"* l "*, a. uumljei' of i»|---1<»K«I offmtlvr* woro nrrttijjnwl for being; fo«««t oo lic*wfejd pr<*ml»c* during firoblWUtl hours. Souiq «f lirowpily Hac«l 1"*, with court cunui 7h. Ot.hen*. tbfoujfh t>hc« r jucic. <»r thrtxiffh ls*ri«|tr wljmst m th«ir day a tut pen<Tniloo f pt«"«<t<Mt not ffttllty, ftnd ■ vf«n> ?.«wwnrt«l Ull nfi»r Uk? aiuu r i»« tmie ha« given his tfe«l*i<>M «n ifon«l«y rnj^t. Ilic moot i»J»»t i*. dm*, will ihos« ? yrho h«ul to (uuvup iwventwo tbr»i©-pint rolwrto* rnch, bftvn tho money rpfund«»«i jf th«s J«wi>licam win their uuiea 7