LICENSING LAW.

Taranaki Herald, Volume LIX, Issue 14398, 4 January 1911, Page 7

LICENSING LAW.

AN INTERESTING CASE. Per Press Association. WELLINGTON, Jen. 4. On November 26 Frederick James Bright, settler, of Ekotahuna, being .desirous of obtaining the transfer of the license of the Telegraph Hotel, Otaki, applied for and was refused a certificate of fitness to hold such license by Mr. Thomson, Magistrate, on tho grounds that applicant’s wife did not intend to reside with applicant at tho hotel. The Magistrate mado it a rule to refuse a certificate of fitness (except in exceptional circumstances) to married men whoso wives would not bo resident at tho hotel. Bright brought an action against tho Magistrate, asking tho Supreme Court to issue a mandamus ordering tho issue of the necessary certificate. To-day Mr. Justice Cooper delivered reserved judgment dismissing tho motion with costs. In doing so he said tho certificate required was not that applicant was of good fame and'reputation, but that he was a fit and proper person to be the licensee of certain premises. What tho Magistrate determined was that because applicant’s wife definitely refused to reside in the hotel, applicant was not a suitable person to hold the license, though his fame and reputation were good. That was purely a matter for tho Magistrate's discretion. The Magistrate had dealt with the case on its merits, and there was no appeal from his decision.