TRADE TOPICS. AN APPEAL DISMISSED.

New Zealand Illustrated Sporting & Dramatic Review, Volume XIX, Issue 1110, 20 July 1911, Page 20

TRADE TOPICS.

AN APPEAL DISMISSED.

in every centre where they do not

at present exist. You are directly affected, and it ,’S to your interests to see that this work is actively carried on. You are urgently requested to join your local league, and to use your best efforts to extend its influence in every possible way, while in the absence of a League you should at once take steps to inaugurate one without delay. These leagues should in due course be affiliated with the central body.

The “bare majority” is to be made the deciding issue between candidates so far as the so-called “Temperance” P~rty is concerned. So the writer gathers from statements that are being made concerning the probable fate of certain Opposition members of Parliament, who have signified that they are not prepared to endorse the principle. But the dear, good creatures are so consistent. One Opposition candidate —the only one in the Auckland province, so far as the writer is aware —who pledged himself to vote for the bare majority as the deciding factor of the Option polls ? had the satisfaction of seeing the bulk of the Temperance vote cast in ‘favour of his opponent, who elected to “stand by the three-fifths,” at the 1908 Elections. And, needless to add almost the “bare majority” man failed to oust liis opponent.

To be logical and consistent the “Temperance” party should unite against every Minister of the Crown

who refuses to stand by their new fetish. That they will not do so goes without saying- Why then should they withdraw their support from the conscientious objector, whose record otherwise is of the best. In at least one case the writer knows of, this has been practically done.

Good stories are too rare for this one to be passed over, and, even if it is of the chestnutty school, it will be new to many:—A dean and a Highland minister, on a long walk among the glens, stopped at a little inn for refreshment. They sat down in the parlor and ordered two glasses of whisky. When these were set before them, the pious Highland minister proposed that they should ask a blessing. To this the dean assented; but when his friend had closed his eyes, and began with solemnity to ask a blessing (at abnormal length), the dean quietly drank off both glasses of whisky. When the minister had fin-

ished his thanksgiving, his amazement can be imagined when he beheld the two glasses standing on the table before him empty. He turned his eyes on the dean, whom he began to upbraid. “Ah,” said the waggish dean, “you forgot half the Scripture warning. We are told to ‘watch’ as well as ‘pray.’ ”

Another good story which went the rounds in Scotland over 30 years ago, and has travelled more than once round the world since, the present writer being himself responsible for its circulation in the first place, had to do with a Temperance lecturer and a traveller for a well-known distillery. They had met after the arrival of the ten o’clock train in the evening in the coffee room of a small country hotel. It was a cold winter’s night. The traveller had called for a jorum of whisky and for hot water, sugar and lemons. After carefully compounding the several ingredients he was raising the steaming potion to his lips, when the lecturer, rising from his chair and pointing solemnly at the glass, said, “Stay, sir, do you know that there is death in that glass?” The traveller eyed him quizzically as he replied, “Death in the glass? No, surely not.” Then, slowly sipping at the liquid, he said, “By gad, sir, I believe you’re right; I’ve drowned the miller,” and putting down the glass again he promptly rang the bell and ordered “a mutchkin of whisky to bring the miller back to life again,” while the “Temperance” lecturer glared at him in impotent wrath.

An action for alleged slander, arising from a sly grog question, has been Set down for hearing at next sitting of the Supreme Court at Masterton. The damages claimed are £2OO.

Mr Chas. Duncan, proprietor of the Victoria Hotel, Westport, comes from the land of “Bonny Braes,” and is a first-class citizen and highly respected. His presence at election time will be felt, for his friend, Mr Munro, it is stated pretty freely in Westport, will give Mr Colvin a good shaking up. Mr Duncan has been on the coastal steamers for years prior to taking up hotelkeeping, and his friends from Ross to Westport are numerous.

The adjourned general meeting of the Tauranga Licensing Committee was held last Thursday,* Mr R. W. Dyer presiding. There were also present: Rev. Canon Jordan, Messrs G. A. Ward, R. King, and C. C. Norris. A renewal of the license to A. Montgomery for the Te Puke Hotel was granted. Re the renewal of the license to G. McArthur for the Star Hotel, Tauranga, Sergeant McKinnon reported that the licensee had been convicted and fined on June 9 and July 14 for breaches of the licensing laws. He also drew the attention of the committee to section 253 of the Licensing Act. Mr Cotter, of Auckland, appeared for the licensee, and pointed out that an endorsement had not been ordered in either case. The license was granted, the Chairman, on behalf of the Bench, conveying a strong caution to the licensee to be more careful in the future.

Mr Alex. Lennie, of the Club Hotel, Greymouth, will have the sympathy of the trade in his recent bereavement, when he lost a good mother, who was a most respected citizen of Hokitika. Alex, went through his literary and printing training there, which, no doubt, has assisted him in his many successful commercial specs, another important factor being the up-to-date manner in which he caters for the public at the Club Hotel.

Early advantage is to be taken by the Maoris of the East Coast of the provisions of a clause of the Licensing Act Amendment Act of last sess ; on, with a view to ascertaining the opinion of the natives as to whether liquor should be supplied to Maoris in certain districts. The Takitimu Maori Council, the headquarters of which are in Gisborne., has decided to apply

to the Governor for a proclamation bringing the Takitimn district under the provisions of section 46 of the Act. The movement is now being taken up by the natives of other district’s, with the result that a similar request will be forwarded to His Excellency respecting four of the Maori Council districts out of the six that comprise the Eastern Maori electorate.

Cause and effect! A Wairarapa paper states that it is a somewhat remarkable fact that a certain street in Masterton, which was constructed about two years ago, has not yet had a building erected in it.

At the “No-License Rally,” held in Masterton the other evening, one of the speakers, finding his voice was getting somewhat husky, asked for a drink. A voice among the audience, evidently belonging to a member of the “Droppers” Union, called out amid much laughter, “Shall we drop it in 'the same place?” Some few seconds elapsed before the speaker could make himself heard again.

Maine adopted prohibition many years ago and it was thought that thereby the liquor question was taken out of politics. But thalt was a great mistake, for the liquor question has been a burning issue in State politics ever since, and has been a prolific cause of bad Government in the State. In every State election this question has come up to obscure other State questions, and long needed reforms are unattainable, because, with the liquor question ever uppermost, it has been impossible to get a square verdict of the people or to elect legislators pledged to reforms. While this struggle has been going on for so many years liquor has been freely sold in Maine, and a grave feature of the case is the fact that homes have been converted into “blind tigers” and “speak-easies.” The State maintains an expensive force of deputies to enforce the prohibitory law, there is no public income from licenses, and the testimony of those who know is that there is more hard drinking and drunkenness in a Maine city 'than in cities of other States that are “wide open.” —“Newark Evening Star” (U.S A.).

The Wairarapa “Daily Times” expresses the somewhat vain hope “that those taking part in the forthcoming struggle of License versus No-License, which promises to be as keen in Masterton as in the Wairarapa electorate, will strive to keep the fight on a high plane, where intolerance, hysterics, discourteous behaviour and personal bitterness are not, and where persons who are interested purely in the sociological aspect of the question will not be offended and driven to dissociate themselves from it, by evidences •of partisanship carried beyond the bounds of ordinary courtesy and reason?

The Tauherenikau Hotel has changed hands, Mr Thomas Sims, lately of Taranaki, having taken possession.

The advice given by Sir James Carroll to a deputation of country race club delegates that interviewed him on Monday might well be taken to heart by the hotelkeepers of this country. “I am glad,” Sir James said, “you have reason to come here; glad you are hurt.” The deputation had been protesting against their treatment by the Racing Commission. The Acting-Prime Minister had previously mentioned that there had been a disposition to shirk coming out into the •open against the efforts of those who

promoted anti-gambling measures in Parliament, members who were known to be supporters of the turf being inclined to discuss other questions in the lobbies when gambling was the subject before Parliament. “Stir them up,” remarked the leader of the deputation-” Yes, I want you to take a livelier interest in this question than you have done,” continued Sir James. “We have been only hearing one side, and so long as they claimed attention and there is nothing set up against them there is only one result. Why people should have been afraid I don’t know. I have incurred as much odium as any public man for my action connected with the turf, and in the expression of my views I have had to stand alone. None of my friends have come along and said ‘l’ll help you over the stile, old man.’ ”

It is not often that a theatrical personage has the opportunity of tapping a Royal personage on the probiscis for three weeks at a stretch. Nevertheless this extraordinary distinction has been conferred on Mr Willy Pantzer, the famous head of the Pantzer troupe of acrobats to appear with the Jack and the Beanstalk Pantomime. Mr Pantzer is a crack light-weight boxer, his father also, in his time, a famous athlete, tutored the late Czar Alexander in the science of weight—lifting. Playing a season in St. Petersburg, His Imperial Majesty the present Czar ti happened to hear that Mr Willy Pantzer, junior, was in the city. He sent for and commanded him to attend each morning', and instruct his Imperial Highness in the noble art. When leaving, the Czar presented Mr Pantzer with a magnificent diamond ring, which he now wears with pardonable pride.

Many Goldfields residents will regret to learn of the death of Mr James A. McKenna, of Waikino, which occurred at the residence of his brother-in-law (Mr S. L. Bygrave), Oxford Hotel, Tirau, on the 10th inst. The deceased, who was 41 years of age, was well known throughout the goldfields. He was one of the oldest and most prominent members of the No. 10 district Ancient Order of Druids, and was Past District President. He took a keen interest in the welfare of the Order and in athletics, and was held in high esteem.

At the Balclutha Magistrate’s Court T. R. Carroll, licensee of the Mandeville Hotel, was charged with failing to furnish notice of liquor sent into a no-license district. It was proved that notice had been sent, however, and the case was dismissed. A technical charge was also preferred against the same defendant to the effect that he improperly described four bottles of whisky as such and not as “two-thirds of a, gallon.” Defendant admitted the seriousness of the offence and was convicted without a fine being imposed- * •

At the Te Kuiti Magistrate’s Court on Thursday, before Mr Loughnan, S.M. 22 breaches of the Licensing Act were preferred against 12 persons. The principal breaches were failing to send notices, and also failing to supply the clerk of the Court with the names and addresses of the persons to whom the liquor was sent. His Worship, in giving judgment intimated that the defendants generally failed to carry out the provisions of the Act, which was so worded as to allow the clerk of the Court to control the liquor coming to the King Country. He had warned offenders again and again that they would be fined if they did not comply with the law. A few cases were first offenders, and fines of Is and costs were imposed. Several second offenders were fined £2 and costs, and a third offender £3 and costs. The licensee of the Pirongia Hotel was charged with supplying a half-caste named Wade with liquor. The defendant satisfied the magistrate that he thought Wade was a quarter-caste, and the case was dismissed.

Visitors to New Plymouth will find every comfort and ease at the Terminus Hotel, which is situated right at the Railway Station, and commands an extensive ocean view. The cuisine is unsurpassed, while the tariff is very moderate. Mr R. H. Campbell is mine host, in every sense of the word-

Fifteen charges of breaches of the Licensing Act were investigated in Masterton during the quarter ending June 30.

Mr Jules Keller, licensee of Keller’s Hotel, Hokitika, died last Wednesday, July 12, from pneumonia. The deceased was a native of Hokitika, 42 years of age, and leaves a widow and two young children. He was a very popular and highly-respected citizen, with a very large number of friends.

The Federal Minister for Customs has decided that imported spirits must be accompanied by an excise certificate from the country of origin, showing that they have been two years in the wood.

When is a hotel verandah a “public place?” Two men who were found on the verandah of Fitzgerald’s Hotel, Granity, near Westport, on a recent Sunday, were charged with being on licensed premises. As there appeared to be some doubt as to whether the verandah was or was not erected on a nubile road, Mr Rawson, S.M., dismissed the case.

If half that we hear concerning the doings of the Auckland Police in connection with what is known as the Kingsland mystery be correct, the American “third degree” methods would appear to have been introduced into this country, with a callous disregard of the rights of the subject that is far from reassuring. It has long been an established rule in British Courts of Justice that every man charged with "an offence against the law is presumed to be innocent until he is found guilty. In the Kingsland mystery case the Police appear to be acting on the theory that the persons arrested and accused of being either the murderers of or the accessories to the murder of the late Elsie Alexandra Holland, are guilty of the offence with which they have been charged. Mr R. A. Singer entered a spirited protest against the treatment they were receiving at the Magistrate’s Court yesterday, his remarks being very damaging to the Police officials concerned.

HOTELKEEPER’S CASE.

Sitting in banco, His Honor Mr Justice Edwards has delivered judgment in the case of Arthur Whitehead, which was an appeal from the decision of Mr E- C. Cutten, S.M., at Auckland. Mr F. Earl was counsel for the appellant, and the Hon. J. A. Tole, K.C., for respondent. By arrangement between counsel, their arguments were submitted to the Court in writing.

His Honor stated in his judgment that the case was an appeal from the conviction of the appellant of an offence against section 181 of the Licensing Act, 1908, in selling liquor to one Bowden, who was already in a state of intoxication. The sale was made by the appellant’s barman, and was contrary to the strict order of the appellant that the barman should be very careful not to sell liquor to any person who showed signs of intoxication. Bowden entered the bar of appellant’s public-house with a companion, and called for two glasses of beer, at the same time putting down a florin on the counter, but before either of the men had touched the liquor the police entered, and said that Bowden was drunk. Thereupon the barman removed the beer and returned the coin which he had in his hand to Bowden. The barman, prior to the conviction of appellant, had been fined in respect of this same matter. - •

Mr Earl, in his argument, contended that in these circumstances, there was no sale of liquor. In His Honor’s opinion there was a complete sale. At all events there was no doubt that there was a transaction in the nature of a sale, within section 206 of the Act. Mr Earl also contended that the appellant could not be fined in respect of the same Act, which had already resulted in the conviction of the barman of an

offence against section 20 5. In his Honor’s opinion the concluding words of the section prevented this question from being raised. Mr Earl further contended that as under section 202 of the statute the barman, who actually made the sale, was liable to prosecution in respect thereof, the reason for holding the licensee liable in such circumstances was taken away. His Honor held that there was no difficulty in applying the decision in the case of Emery v. Nolloth. In that judgment it was expressly said that when the offence was prohibited in itself, as in the present case, knowledge on the part of the licensee was immaterial. The exemption from liability under the doctrine of Emary v. Nolloth existed only when the act prohibited was an act “knowingly done,” and even in such cases it did not apply if the licensee had delegated his authority to a servant, and the servant had been guilty of the offence. The appeal was dismissed with five guineas costs.