THE LICENSED VICTUALLERS' ASSOCIATION.

Otago Daily Times, Issue 10619, 14 March 1896, Page 8

THE LICENSED VICTUALLERS' ASSOCIATION.

■ At tlse Magistrate's Court, Balclutha, on Wednesday, Mr D. Stewart sued Mr Roderick Mackenzie, of the Oban Hotel, Dunodin, for £22 19a lOd. Mr D. D. Macdonald, who appeared for Mr Mackenzie, said this was a case in which Mr Daniel Stewart, of Balclutha, solicitor, sued Mr Roderick Mackenzie, formerly of Balclutha, now of Dunedin, for about £22, being the bxlance of law costs owing for the appeal to the Court of Appeal about the wholesale licences issued by iiis Worship. It might be remembered that his Worship construed the licensing law in a certain way and issued eortiia wholesale licenses. The Prohibition party appealed to the Supreme Court, and Mr Justice Willi&ais reversed tbe decision. The Pub'.ioaji party then appealed to the Court of Appeal, »nd th»t court reversed the judgement of Mr Justice William? and decided that Mr Hawkine, the magistrate, was correct in the course he adopted, and granted costs for about £80. The Prohibition patty paid the costs, bub there w&i still a balance of of about £20 for costs between solicitor and client, and the present action was brought to recover it. There is a publican organisation in Dunedia known as tlis Otagj Licaused Victuallers' A'sociatioi. Whon the appeal to tbe Court of Appeal was first mooted this body urged Mr Mackenzie to appe.il and promised to b^ar a portion of the expanse.- The appeal was of no us? to Mr CSacka. zie. As a matter of focb he had removed to Dauedin, and had sold his license for £10, although it cost £20 a year to get it. After negotiations it wan arranged that Mackenzie should prosecute the appeal and that the Otago Licensed Victuallers' Association should pay £25 towards the exisensß. He (counsel) held in his hand a letter from Mr John Golder, the then secretary of this precious organisation, stitiug that Dunedin would subscribe £25 The appes.l was ultimately decided in favour of Mackenzie, but of course the balance of costs (£2O) had still to be paid. Tbe Licensed Viotuil'.era' Association, when applied to, stated that »s the case had been won they did not see why they should pay anything. In other words, they left Mackenzie to pay. Ultimately Mr Stewart 6ued Mackenzie, and another application was made to the Licensed Victuallers' Association. Tbe last application was made on the. 9th of January, and it was only on Monday that be received an intimation they would notpxy. It took them two months tornake up their mmd —that is, assuming they have one. He (Mr Macdonald) could not characterise the conduct of thess people—he would not call them gentlemen—ia appropriate terms. It was fashionable in their orgauUalion to laugh at and to denounce prohibitionists for their meanness. All he could say was that the prohibitionists fought a battle, lost it, and paid the costs like honourable gentlemen. On ths other hand, this precious organisation, who seemed dead to all dense of deoency and honour —how had they behaved ? They had tried all they could to crawl out of their liability in the most contemptible manner. He was glad to say that thera were many respectable pnblic^nn who hold themselves aloof from this organisation, aad he did not wonder at it, for it was anything bat an honour to have anything to do with it. The way in which it was managed would bring discredit on any body. Under the circumstances he advised Mr Mackenzie to confess judgment, and steps would at ouce be taken to sue the president (Mr Green«l»de) and tho secrotsry of tho Otago Licensed Victuallers' Association. .Judgmont was thereupon confessed for £22 19a lOd aud court fees incurred in taking evidence in Duoedin, bringing the total amount np to £24 5s lOd. Mr Stewart said the association had treated Mr Mackenzie in a most sn&ndalous manner. They had led Mr Maoketizio to believe they would p»y, *nd whea it came to the point they backed out of it.

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