Compensation to Licensed Victuallers.

Oamaru Mail, Volume XVII, Issue 5318, 5 July 1892, Page 4

Compensation to Licensed Victuallers.

A meeting of Prohibitionists and temperance advocates to consider the question of compensation to licensed victuallers and to pass resolutions opposing the second reading of the Bill to grant compensation to licensed victuallers was held in St. George's Hall, last night. Mr G. .Tones, senr.. President of the Prohibition Associrtion, occupied the chair. The Secretary of the Association, having read the advertisement calling the meeting The Rev. Mr Dewdney moved the first, resolution, as follows :—"That this meeting views, with entire disapproval, the introduction into the House of Representatives of the Bill to provide compensation to publicans for the non-renewal of licenses." The mover expressed an opinion that the Society had been rather slow in moving in the matter, but he hoped that now they would, with no uncertain voice, proclaim against the BillIt would be detrimental to the country at Larue, did the Bill become law. Gladstone, himself, who was no temperance advocate, strongly opposed such a movement in England. The question was not a new one and the publicans had not unlv begun just now to move in the matter ; they had been quietly at work for a long time. The decision in the case of Sharpe v. Wakefield showed that the .Justices of the highest Court in the British Empire proclaimed that there was no vested interest in a publican's license. Though Mr Justice Denniston decided against the Prohibition Committee in the case brought against him, he affirmed the principle of the absence of a vested interest. The introduction of such a Bill affirmed the same principle. That, which was ijood in law was good in equity. The publicans had done nothing for the community. If they had built bis houses for accommodation the houses were not taken away, and the accommodation was required whether they sold liquor or not. Even if they had invested their money it was done with their eyes open. Ever} - publican knew that his license was only for 12 mouths. It was the publicans who should compensate their neighbors for the depreciation their hotels caused the adjoining property. They should compensate the taxpayers for increasing the burden of taxation by necessitating expensive asylums, a large police force and heavy expenditure in charitable aid. The introduction of this Bill was asking the public to reward those who had killed its best friends. They had no harsh feeling against the publicans as men. but simply against their trade. The Bill was contrary to the first principles of law and equity. Mr Robson seconded the motion. Mr Dewdney's reception affirmed the fact that all present were in favor of the motion. He fully endorsed Mr Dewdney's remarks. The Rev. Mr Todd supported the motion, but thought the motion did not go far enough. He would bv, in favor of refusing compensation to the owner of the property as well as to the licensee. The Chairman explained that the resolution covered the whole ground. The motion was carried unanimously. Mr J. Rodger moved the second resolution as follow : —"That this meeting is of opinion that the principle of compensation to publicans for refusing to grant them the renewal of an annual license, which has been . declared unjust by the highest tribunal in the Empire, lias not been, and cannot be, justified on any sufficient grounds ; and that the establishment of such a principle would entail the placing of an unnecessary and unjust tax on the people of the colony. They were, he said, met to consider a rather curious anomaly. They were to consider a question of trade, and it was a dangerous matter to interfere with any trade. Still the trade they were considering was one which had been considered from time immemorial. There were over 000 Acts on the British Statute Books dealing with the drink traffic. He treated of the limited tenure of the publican who made a bargain for a year with the State. At the end of the year both parties were quits. When the publican's license expired by effluxion of time, who was to blame if he had lost money over it > Nobody but the publican. He had confidence that the Bill would never pass. It was against all law and equity. The speaker quoted legal decisions to show that the publican possessed no vested right. He thought there was 110 reasonable chance of the measure passing, but they had met simply to pass the resolutions and remind their representatives that there was necessity for their keeping wide awake. Were compensation granted the money would either have to come out of the public purse, or from the communities, or the individuals. They would all object to that. The trade was like a mad dog running wild from 8 a.m. to 10 p.m., and on the chain from 10 p.m. to 8 a.m., and they were asked to pay a tax to put it out of the way. The i [iiestion was really so absurd that it seemed a matter of supererogation to discuss it. The liquor traffic should hang its head with shame, instead of putting itself forward as an injured body. They were not seeking ro do anybody harm, but to protect their country from evil and injustice. Mr Billing seconded the resolution. Were the publicans granted compensation. the principle would have to be applied in numerous other cases, and the matter would never be brought to a close. The motion was earned unanimously.

Mr Hilliker moved the third resolution, as follows :—" That the question of compensation to publicans has not yet been submitted to the people of the colony at a general election, in order that they might indicate their wish in regard to it by the election of members of the House of Representatives ; aud that 110 chantre involving such great responsibility should be made till it has presumably received the people's sanction." Mr Hilliker stated that he was moving the resolution in the place of a gentleman who ■was unavoidably absent. He fully endorsed what previous speakers had said. After doing the lamentable work they had done the licensed victuillers should be ashamed to ask any honest nation to compensate them. A man must be judsed by his work, and the publican's work made the orphan and the widow and the lunatic. Prohibition whs to be found oa all hands in a score of different ways, and yet, because they said they wanted Prohibition for the liquor traffic, which was worse than the worst disease ever experienced by mankind, they were laughed to scorn. Sir Whyte (Ngapara) seconded the resolution. He thought the publicans were in a bur hurry to rush the measure through. He thought the House should take their time over the bad measures as they did over the good ones. "Eke Rev. Mr Todd thought it would be a shame to pass such a measure without consulting the country. He supported the resolution. Mr W. H. Frith moved the fourth resolution as follows :—"That this meeting fervently hopes that the attempt of the licensed victuallers to obtain such an unfair advantage at the cost of the colony will not receive the sauetiou of Parliament."' The speaker regretted that he was so far down the list, as previous speakers had said pretty well all that he had iutended to 'say. With regard to the question of compensation, he did not think the publicans had any claim on the public. He, too, did not believe that such a measure would ever become law in Jfew Zealand, especially while such a Government as the one now in power held office. Most of the measures giving power to the publicans had been passed by Conservative Governments. With a real live Liberal

Government, backed up by a real live Liberal people, no such measure would ever be dared to be brought before Parliament. It would not be thought fair if the publican demanded compensation from the brewers because he spent his money with them, but this would be fairer than asking the public to |iay it. If compensation were granted it should be granted just as much at a change of tenancy as at the expiry of a license. There was a compensation clause in the L nited States which permitted a woman to sue a publican if her husband came out of liis hotel drunk. He would be in favor •>» a compensation clause of that nature. The question of compensation had been fully threshed out by the highest legal luminaries and declared impracticable and inequitable. He thought that as a people they were as much to blame as the publican for not protecting the individual. Were a man to attempt suicide the law would punish him, and he thought similarly that they should have laws to protect the publican against himself. Mr Borland seconded the resolution, which was carried unanimously. Mr P. B. Fraser moved the fifth resolution. as follows: "That the foregoing resolutions be forwarded to all mambers of both branches of the Legislature." The speaker urged that, if they were asked to compensate the publican, the publicans should be asked to state definitely svliat they required compensation for—a bad speculation or a breach of contract on the part of the public. The latter could not hold good, because the publican's tenure was simply an annual one. The publican bought his monopoly for a year, and the public were perfectly at liberty to determine the contract at the close of the time. Nobody asked the publicans to build large houses, and it was a proof of the money to be made in the trade that such build injjs were put up and licenses applied for wholesale. Who was to get the compensation was a pertinent question. A number of the publicans were practically barmen to sell a particular brand of beer or whisky, and the compensation would go to some rich men who had already made a fortune in the trade. Mr Seth-Smitli seconded the motion, which was carried unanimously.

Mr George Jones, senr., expressed his gratification at the large attendance and the unanimity with which the resolutions had been carried. He spoke of the great steps the temperance movement had made during his life-time. When truth lay as the foundation of any reform its ultimate success was certain. The great difficulty they had to contend with was the force of habit. Self was the greatest enemy they had. He trusted the progress they were making, intelligently, calmly, and forcibly, would lead them ultimately to Proliibition in New Zealand.

The Rev. Seth-Smitli moved a vote of thanks to the Chair, which was seconded by Mr Robson and accorded by hearty acclamation.