IS MASTERTON DRY?

Timaru Herald, Volume XIIC, Issue 14040, 25 October 1909, Page 3

IS MASTERTON DRY?

LASVTER SAYS NO. During the hearing of a cas© at the Magistrate's Court on Friday, before Mr B: H- Tnrton, S.M., Mr C. A. Pownall, who appeared for tho defence, made the surprising statement that nolicense had not been carried in the Masterton district. The Act, he said, statr ed that the existing viz., continuance of license, should exist until a valid poll to the contrary was carried and duly declared. As the result of the poll held in November, 1908, nolicense was duly declared to be carried by tho Returning Officer. The' notice published by him contained the number of voters who voted, and the number of votes recorded in favour of nolicense. A petition was subsequently lodged demanding a recount before the Magistrate. On the recount the Magistrate altered tho figures reducing the votes in favour of no-license. The next procedure, continued counsel; was that the Returning Officer should have published an amended result of the poll, showing the result of the recount; but he did not do so. This had never been done. He submitted, therefore, that the final result of the poll had never been declared by the Returning Officer; that accordingly no-license had not been carried in the district; and that continuance of licenses still existed. Mr Pownall said that Parliament could not rectify the matter by a statute having, a retrospective" effect, and as the Magistrate who conducted the recount was deceased he could not now give the order to the Returning Officer to publish the amended result. Counsel further stated that it was his intention to apply for a license hi the district, and if the Licensing Committee refused to sit and determine the application he would apply for a mandfmiJis to compel them to do so. —"N.Z. Times.") __