The Ashburaton Guardian. Magna est Veritas et Prævalebit. MONDAY, APRIL 16, 1888. COMPENSATION TO PUBLICANS.

Ashburton Guardian, Volume VII, Issue 1816, 16 April 1888, Page 2

The Ashburaton Guardian. Magna est Veritas et Prævalebit. MONDAY, APRIL 16, 1888. COMPENSATION TO PUBLICANS.

A correspondent signing with the initials " J. D." dissents from our views as expressed m a leading article m our issue of the 20th ult., and contends, as many extremists among tbe ranks of total abstainers also contend, that no compensation ought under any circumgtances to be paid to persons deprived of liquor licenses under the operation of a complete local option. He is at great pains to show that English and American judicial authorities have over and over again decided that the law recognises no vested interost and that no compensation for deprivation of license is legally claimable. (Jf all this wo were fully aware, and we have never contended that a publican is able to enforce any claim for compensation by action at law, That is not at all the point at issue. The question is :is it just that when, it may be, only one more than the half of any community has decided to put a sudden stop to a business previously permitted by the community, and for a license to carry on which the license holder has paid to the community a substantial sum, which sum has been expended by the community for its own purposes — is it fair and just for the community to inflict upon tbe quondam licensee a loss of it may be hundreds or even thousands of pounds ? We do not think it is. We admit at once that a license is given only from year to year, but we coutend that hitherto at any rate it has been an implied understanding that if the licensee conducts himself and his house m every respect m accordance with the require ments of the law, a renewal from year to year will be granted, and $bat but for that implied understanding no one would have been so insane as to take out a license at all. Is it credible that anybody would spend thousands of pounds m building and furnishing merely for the right of conductipg an hotel business for twelve months ? Certainly not, and although we are ourselves practically teetotal and always willing to further the cause of temperance, wo cannot go with those who mistakenly advocate a course ( which seems to us to be at variance with the principles of common honesty and fairness. We would concede to-morrow if we had tbe power, the fullest and most absolute local option, we would give the franchise m licensing matters to all adults, women as well as men, and we would make the renewal as woll as the granting of liquor licenses subject to the vote of the majority ; but it must at the same time bo provided that injustice shall not be done to any individual. This is quite possible m either of two ways. Thus if an Amending Act be passed extending local option as proposed, such Act to have immediate operation, then it should be provided that impartial pommissioners should assess the amount of jiosp incurred by the person deprived of license, and such I amount should be defrayed out of thus funds of the body which has received the license fees, or out of the proceeds of a special rate on Iho locality if need be. Ov it might be provided — and this, we think, is the more feasible course—that such Act should not' have immediate efifect, but should come into operation Bay five years after date of its passing, thus giving license-holders fair warning, and reasonable opportunity of converting their premises to other uses, or disposing of them for other purposes if they so think fit. We believe that such an Act would now be m force if the Local Optionists had offered such a compromise five years ago, and we aro persuaded that if they would agree to such a measure it would be possible to get the assent of the Legislature to the extended local option they desire, to take e/^eot gve years hence. But if they will persist jn jfefasing so reasonable a suggestion then they will probably not Bucce^jj for the nexi fifq-and-twenty years,