Licensing Committee.

Wanganui Chronicle, Volume XXXXVII, Issue 11738, 16 September 1902, Page 7

Licensing Committee.

THE PACKET LICENCES

LICENSES TO PARAKINO GRANTED

A special meeting of the Licensting Committee was held yesterday, all the members being present. Applications for licenses for the Wairere, Manuwav Ohura. 3 Waione,. and Aotea "were made.

Mr. Marshall appeared for Mr. Hatriek and Mr. Mackay for the Aotea Company. Mr. Marshall addressed the committee at" considerable length. He referred to the efforts made, by Mr. Hatriek to induce the Government to exclude the river from the prohibited di&triet, described in the New Zealand "Gazette?' of 1887, vol. 1, and stated that the Government had not come to a decision.^ It had simply stated that the matter was under consideration. This had been done in accordance with the understanding come to at last meeting of the committee. Mr. Hatriek, after learning that he might be breaking the law if he continued to sell, had closed his bars. Mr. Marshall, continuing, said that when discussing the matter in chambers recently, he stated that'it was a question as to whether tibLe river was part of the prohibited area, and he proposed to argue in that direction. He then proceeded to argue that the river, being a navigable highway, was not portion of lihe prohibited area. The banks of the river formed the boundaries of the area, and the river coud not be said to form part of .the natives' territory. Mr. Kettle suggested' tfaat the bed! of the river was native land and therefore portion of the (prohibited area. Mti Marshall contended that it was not, and quoted the recent Waikato coal mining case in the Court of Appeal. This ■was an action where the Crown applied for an injunction to prevent a coal company tunnelling under the river bed, on the ground tlhat the river bed was the property of the Crown. The Court of Appeal decided in favour of the Crown,holding that under all the circumstances the company's property in the soil terminated at the banks of the river. Mr. Matftherefore contendied that if the bed of a river were Crown property a license could be granted for a steamer plying on the river. He pointed out that the proclamation of the prohibited district was issued when a license was in force"x>n river, and he therefore contended that it was not the Crown's intention to interfere witih that license. ,4Fhe committee in 1886 or 1889 properly gave a license in the first place, and now that Mr. Hatiick 'had held license for 11 years, he thought the Government would foe lotih to refuse it to him.

The Chairman asked if the Legislature had been asked to make the matter clear. Parliament had been sitting1 for three mouths, and the parties had known about the difficulty and could have asked that an amending Act be passed. - Mr. Marshall admitted tihiati it should have been dome, but stated that it was no use bringing in y a <mrivaite Act unless the Government favoured it. The Government did not like to touch licensing matters.

'Mr. Marshall also said "tfhati frota what he could learn tibe Government was very nervous about touching anything connected with licensing legislation this year. It was a grea* pity; but such -was the case. After some discussion Mr. Kettle said that the committee was not, until a few weeks ago, aware of the proclamation. It had- not been disclosed to the committee. He pointed out that in the Waikato case the bed of the river belonged to the Orown, and a majority of the Judges had hie(ld that it had not passed to owners of land on the banks of the river under the grants. The land in the prohibited area through which the Wanganui River ran was native land.

The Chairman asiked Mr. Marshall if he could cite any Statute under which the bed of the Wanganui River hod passed from the native owners to the Crown.

Mr. Marshall said he knew, from documents which had passed through his hands—grants, etc.—that the boundaries of the land on either side of the river terminated at the river bank.

Mr. Marshall alsio said that as the question as to whether a license could be granted was very doubtful, Mr. Hatrick should be .given the benefit of the doubt, especially as he had not abused the law. The Chairman said the Commititee had wired to Mr. Carrol about the matter, and he • understood the Government would consider whether the proclamation ought to be amended andi the river bed excluded from the prohibited Nothing further had been done, and as the matter was under consideration, why should the committee interfere?

Mr. Marshall pointed ut that Mr. Hatrick had built up the tradie, and had naturally expected "tihat he wou,ld be able to sell Kqupr._ It would be very hard on him if the Committee refused his license.

The Chairman sjaid the Committee understood that there was very little in the liquor business; it therefore could not be very hard on Mrr Hatriek if the granting of licenses was delayed. Mr. Marshall said that, according to the Aotea balance-sheet, the liquor trade was an important item. The Committee then retired to consider the matter. On resuming^ the Chairman said that the Committee had decided to refuse the applications, but that as it appeared that there -was no prohibition as far as Parakino they were willing to grant licenses to that point on the river on certain conditions. Beyond Parakino the river entered what was known as the proclaimed or prohibited area described in tihe proclamation. Up to to-day it had been conceded by Counsel that that proclamation prevented the Committee granting licenses of any kind to take effect within the prohibited area. The question of amending the (proclamation, by excluding the river was being considered by the Government. In lihe Committee's opinion, it was the duty of the Legislature to make dear whether it was tlheir wish that packet licenses might- be granted to take effect in the prdhibited area, i.e., beyond Parakino. The Committee was prepared to grant licenses as far as Parakino; if the applicants would accept them, subject to certain conditions, most of which had been practically agreed to at former sittings, except as to the .actual wording. Mr. Marshall asked if he might put forvward an alternative (proposal, viz., that the Committee grant a license to be in . force from Wanganui to Whenutere, ex cepting that part of the river in the prohibited area. The Committee retired to consider this proposal, and on" resuming the Chairman reported that the Committee could not see its way at present to grant any license beyond Parakino. The Chairman again pointed out that the question of am ending the proclamation, was being considered by the Government, and if the whole rivei* was thrown open, fresh application could be made at any time. As soon aa the position was made clear the steamer owners could apply to the committee again for new licenses. In the meantime the Committee offered to grant licenses aa far as Parakino1.

After further discussion', Mr. Marshall said his client cjaulid not agree to the conditions.

The Chairman remarked that that was aill the Committee could offer a* present. The conditions proposed were as follows :—l. No liquor to be Sold, given, or supplied to any passenger or other person on the vessel for consumption off the vessel. 2. That no liquor be sold, given, or supplied to any passenger during any trip . commenced and terminated on the &ame Sunday. 3. That no liquor be sold, given, or supplied to any passenger on the occasion of any school picnic or excursion for school children, accompanied by their parents, teachers, or friends.