MINISTER AND JUDGE.

Wanganui Herald, Volume XXXXVII, Issue 13675, 8 May 1912, Page 5

MINISTER AND JUDGE.

THE WORTHACCI LICENSE CASE. Victorian Treasurer Cited for Contempt. His Action Upheld. Press Association.—Telegraph.—Copyright MELBOURNE, May 7. In connection with the Worthuggi license case, in which the Hon. W. J. Watt (Victorian Btate Treasurer) was cited for contempt of Court in refusing to obey a mandamus to grant a liquor license, the Full Court has upheld the Hon. .(. W. Watt’ action in refusing to issue the license, on the ground that Neal, the applicant for the license, was not the one in whose name the application was made. The Court ordered that the writ of mandamus against Mr. Watt should not issue, at the same time ruling that Mr. Watt, as Treasurer, was not a privileged person and must obey the law like anyone else. PARTICULARS OF THE CASE. Mr. Watt (the Victorian Slate Treasurer) declared that ho would not obey the mandamus issued by Mr. Justice A’Heekett, calling on him to issue a wine and spirit merchant's license to Matthew V illiam Slade, contractor, of Stonev Street, Edgarlon, near Wonthaggi. Mr. M att also stated that, as far as he was aware, a Judge of the Supreme Court could not compel a Minister of the Crow i to do what he ordered in such a case. He was responsible to the Crown, and the Crown could call him to account. He had refused to sign the license on grounds ot high public policy, and ho was going to keep to that. lie did not propose to take the slightest notice of any order which might be made in regard to that particular case. Ihe Treasurer added that the proceeding:. of the Court would not have the slightest influence as far as the administration of the Act in respect to the issue of 2-gal. licenses was concerned. None of the 1 icenses which had so far been refused by him would be issued. Twenty-three such licenses had been refused—l2 in the \\ onthaggi district and 11 others from scattered parts of the country. So far, about 400 such licenses had been issued, but most of them were held by wine a d spirit men, or, to speak more correctly, by grocers and others who held wine and spirit licenses iu connection, with their trade. Continuing, Mr. Watt said that applications for other licenses had to go before a Court, and their issue was subject .to judicial bearing. These 2-gal. licenses, because they came under the Excise Act, haj uo provisions of that kind surrounding them, and it was permissible to issue such licences automatically, regardless of the character of the applicant and the requirements of the neighbourhood. There had been so much sly grog-selling that the Government last year brought forward a Bill abolishing the 2-gal. license provision. ■ The Bill was passed unanimously bv Parliament, as far as that particular proposal was concerned, but a clause relating to the Lara public-house was tacked on to it, and the measure was eventually talked out. Parliament had made its mind known upon the subject, ho said, and there had not been the slightest objection, as far us that body was concerned, to the proposed action. Ho had, therefore, as an act of administration, decided to have a careful report made upon each application for these licenses. He had decided upon that pending the passage of the Bill iu the coming session. The licensing inspector of the. ’district was responsible for the information collected, and it was only in eases where he was not satisfied with the character of the applicant, or else with the kind of business likely to be done on the license, or as to the requirements of the district, that he had taken the stand and decline to issue the license. Mr Justice A'Heekett was reported to have saij that he, as Treasurer, was only an administrative officer, and must obey the law. His answer was that the highest law was the good of the people, and he lid not know that he could be forced to sign the license. Mr Watt added that he had not expected that the decision of the Court would be other than that reported, but the course on which he had decided had not been arrived at hastily. The Premier (Mr Murray) also stated that he did not think a Judge could compel a Minister of the Crown to take a certain line of action in this matter.