A KNOTTY PROBLEM.

Dominion, Volume 2, Issue 340, 29 October 1908, Page 6

A KNOTTY PROBLEM.

DUNEDIN LICENSING POLL. WILL IT BE VALID? What looks like a very knotty problem lias been raised in connection with the coming licensing poll at Xunedin. So serious is the difficulty that in the opinion of some who have studied the law on the subject, there appears to bo a danger that the local option poll in Dunedin City and one adjoining district may bo found, on the matter being investigated afterwards by tile highest tribunals, to bo invalid. The trouble arises out of the alterations made by tho Representation Commission in the names of certain electorates. Before their recommendations wcro given the force of law the Dunedin City Licensing District consisted of the three electorates of Dunedin North, Dunedin , Central, and Dunedin Sout.li. theso being the three single-member electorates into which the old triple-member Dunedin City electorate was divided in accordance 'with the City Single Electorates Act, 1903. The last Representation Commission, whose work is the basis of the coming elections, was not satisfied with the names hitherto given to the Dunedin electorates. It gave to Caversham (which is to Dunedin pretty much what Newtown is to Wellington) tho name of Dunedin South; what had been Dunedin South was renamed Dunedin Central; and the old Dunedin Central was called Dunedin West. Only Dunedin North remained as before. A Change of Names. It would obviously bo in accordance with tho intentions of the Legislature if tho Dunedin City Licensing District was now to consist of Dunedin North, Dunedin Central, and Dunedin West, while the new Dunedin South (lato Caversham) would have its separate licensing poll as before. The South Island Representation Commission stated ir their report, which was laid before Parliar ment last year:— We have tho further honour of advising your Excellency that in terms, of ■ the City Single Electorates Act, 1903, Section 4, we have resolved and decided that the Electoral Districts of Dunedin North, Dunedin West, and Dunedin Central, as now constituted by us, shall be and they aro substituted for the present electoral districts of Dunedin North, Dunedin Central, and Dunedin South." , Reference to Section 4 of the City Single Electorates 1 Act seems to make it perfectly clear that tho Dunedin Licensing Districts will be as hero stated by the Commission. But when? That is the puzzle. The report of the Commissioners (so it is laid down in the Legislative Act, Section 2, Consolidated Statutes) "shall' have the force of law" from tho date when it is proclaimed in the Gazette. That date was not very long after the report was presented—in 1907. But Section 22 goes on to say that the report "shall not 'come into effect until the expiry of the' then existing Parliament." The difference between "having the force of law" and "coming into effect" is liable to puzzle the lay, and perhaps the legal mind, but leaviiig that point for tho moment, attention may ho directed to the fact that the Licensing Act, in the form in which it appears in the new Consolidated Statutes, incorporates Section 4 of the City Single Electorates Act, but with the wording entirely changed. That is to say, it defines the city licensing districts, and by naming the electorates, of which they aro, or were, composed. Thus tho Dunedin City Licensing District, 'according' to the clause under notice, consists of Dunedin North, Dunedin Central; and Dunedin South. In other words, the old names are used - instead of the new ones. Hence, the-confession and anxiety as to tho validity of the forthcoming poll. Some Difficult Questions. Is Dunedin West to be • cut out of the licensing, district? And, if so, are its electors to Ijave no local option vote? Is Caversham to be thrown into the city for licensing purposes? .And.whatever answers are : given to theso questions,, fl'lio ■ knows whether the local option poll'ill either district may not be made void thfougli a mistake, and the people lose their rights in respect of the liquor traffic until Parliament makes special provision to meet their case? As tho Licensing Act and tho Representation Commission's report seem to be in conflict, tho question as to which _is the more authoritative becomes .of interest, and this in turn is related to the question as to when each of them comes into operation. The Licensing Act in its presont form took ■effect'(if that is the proper term) when it was enacted .with the rest of the Consolidated Statutes a few weeks ago. Tho exact date does not matter just now, but it was several months after the report of tho commission was given "the force of law" and a few weeks before tho "coming into effect of that report. Statement by Dr. Flndlay. . Mr. A. S. Adains, the well-known Dunedin lawyer and No-License leader, • thought the dcinger of "Aft invalid poll such. & rcs.l one tli&fc he 'sought the opinion of the Attorney-Gen-eral (Hon. Dr. Findlay), who, however, after taking time for consideration, adopted the view that there was no cause for the alarm that had been felt in ,No-Licenso circles. He has sent tho following telegram to Mr. Adams:— \ ■ ' "Licensing Act —I am quite satisfied that the difficulty suggested by you is not a valid one The effect of Section 22 of tho Legislature Act,-1908, is that the report is final and conclusive from the date of the proclamation, but does not come into effcct— that is, it does not come into operatoin until the expii'v of the existing Parliament. See Sub-section 3 as to what happens when the report takes effect, rhe Gazctto notice under Section 8 (c) of the Licensing Act 1903, will be issued by the Governor and'gazetted at once. In it the correct names of the constituent electoral districts will be given and this will lessen the risk of confusion between the old and the new district of Dunedin South. It may be that Section S (e) applies only whore prohibition exists in some part of the area of the new district but as a measure of further caution the Gazette notice will be issued m respect of every ncv district: —J. G. Findlay, At-torney-General." Sub-section 3, referred to by tho AttorneyGeneral, as above, is as follows: "Upon the taking cffect of any report as afi'l'esaid, tile electoral districts therein set forth,- and the boundaries thereof respectively, shall be tho electoral districts of NewZealand for the purpose of the election of members of Parliament after the dissolution or exoiration of the then existing Parliament,'and shali so continue until the succeeding report of the effect, or Parliament otherwise enacts."