Daily Circulation, 1500. The Oamaru Mail SATURDAY, JUNE 13, 1891.

Oamaru Mail, Volume XVI, Issue 4999, 13 June 1891, Page 2

Daily Circulation, 1500. The Oamaru Mail SATURDAY, JUNE 13, 1891.

The issue in connection with the Sydenham licensing election petition was awaited with no little anxiety. On the most important point of all, however, that of the power- of Committees to close houses without let or hindrance—a definite decision has still to be awaited at the hands of the Appeal Court. Li the meantime, the situation is unaltered: A licensing committee may refuse licenses on what are termed judicial grounds—provided they do not refuse all the licenses in their district—if they are prepared to stand the consequences in the shape

of harassing and very costly litigation, at the instance of the general body of licensed victuallers. This is the position in which the Sydenham Committeemen are E laced. It is, however, probable that efore the Supreme Court actions that are threatened by the prohibited licensees against the Sydenham Committee can be brought on, the decision of the Appeal Court will have been given and the whole question settled, once for all. If that decision should be in accordance with Judge Denniston's view, Prohibitionist Committees will have to cultivate that judicial frame of mind which, according to high authorities, must be brought to bear in dealing with licensees. Their leaving one or two of the houses open will be evidence of their possession of this frame of mind, and will, according to the opinions of the great English Judges, indemnify Licensing Committees from prosecution by dispossessed licensees. If the decision of the Appeal Court should be in favor of the strict interpretation of the Act, then all licenses could be refused with impunity, and a trial be given to out-and-out Prohibition within districts where the ratepayers desired it. However, whatever may be the result of the Appeal Court trial, it is highly satisfactory to all parties concerned that the question of the power of Committees is to be set at rest. Both Prohibitionists and Licensed Victuallers will, we hope, soon know what to expect and what to do. So far as the Prohibitionists are concerned, they do not, we are sure, wish to twist the interpretation of the law to suit themselves. There is 110 necessity, either, that they should do that. It is of far more consequence to have a majority of the people with them than to have a law of which the majority of the people do not approve. We believe that the Prohibitionists have the majority of the people with them, and that if the law is not such as to have effect given to their principles they will be able to secure an amendment of it. The circumstances surrounding the subject are at present such that it would be neither prudent nor advantageous to discuss whether Judge Dennistoirs views of the law are right or wrong. In expressing his opinions he lias been guided by the decisions given at Home. But what seems to us to bj peculiar is the basis on which it is held that the law should be administered. If a Committee are liable at any time, to be subjected to a crucial and costly inquiry as to whether they where actuated by certain sentimental considerations or not, then the field will be left to those " moderate " Committees, who are always so studiously judicial that instead of controlling the liquor traffic they permit the liquor traffic to control them. It is quite possible that, in course of time, with the march of enlightenment and freedom of expression and action, the Judges would alter their opinions as to the interpretation of our Licensing Act, as the Home Judges did 011 the question of the right of the publicans to compensation ; but the process of conversion is slow in the highly judicial mind, and the amendment of the law itself will be preferable because more expeditious. The question that, however, most affects and interests this community at the present moment is the election of a Licensing Committee, which is to take place on Tuesday next. The necessity for this election was consequent on the decision 011 the petition of the Licensed Victuallers. The publicans, backed up by the wholesale merchants, hoped that by upsetting the election they would altogether rid themselves of a Committee that would, at least, close up a number of the houses, and that they would reinstate the " Moderates," who would permit the drink shops to run - riot, even to the extent of supplying something more than intoxicants. Let us hope that the public will not be humbugged into capitulation to the traffickers by such attempts to frighten them. YY hatever the law may allow, as all the Judges confess, the liquor traffic is the greatest curse of the nation, and, on this ground, if a majority of any particular community should desire to abolish the public-house system they have a moral right to do so, and the legal power must follow. No question of the necessity of consulting the " convenience " of a minority should be considered, in dealing with so gigantic an evil. That is the view that the ratepayers of Oamaru took of the question at last election ; and we believe that the legal proceedings by which the Committee were unseated has only increased the forces and the determination of the Prohibitionists. All who are not in the trade, or who are not church officebearers, would be safe in giving their support to a committee who would exercise some control over the trade, and who would, at the same time, act in a constitutional manner, and such a Committee are to be found amongst the Prohibitionists.