THE LIQUOR TRAFFIC.
To the Editor , Sir,— l observed in your paper a few days ago a letter signed “ Katcpayer,” referring to the liquor traffic in Dunedin, and stating it was rumoured that tho Provincial Executive were issuing publicans’ licenses to new houses. On reading this I imagined that tho writer must have been misinformed, but upon making inquiries, I found it was perfectly true, and that his Honor the Superintendent, with the advice of his Executive, has authorised the issue of several new licenses. Such an overriding of the law as this is almost past belief, for in my opinion his Honor and Executive have no more power to issue new licenses than you op I. in order to make this clear 1 will quote one or two clauses of the Act of Assembly of last session regulating the liquor traffic in the Colony. Clause t> of that Act provides that, ‘‘No person, unless he shall ba duly licensed under this Act, shall sell any alcoholic liquors, or permit or suffer the tame to be sold by any other person on his behalf, and any person who shall he convicted of so doing shall bo liable to \ penalty of not exceeding fifty pounds for every such offeuce. It would thus appear that all publicans now selling liquors are committing a breach of the Act, and are liable to be indicted and fined in the penalty provided. Clause 23 reads : “No certificate shall he granted if a memorial against the granting of the same, signed by at least two-thirds of the adult residents in the district, be presented to the Court,” Clause 31 reads : “Tbs Act shall be taken and read as part of any existing Provincial Act or Ordinance, or any Act or Ordinance hereafter passed by any Provincial Council for the purpose of licensing or regulating the sale of alcoholic liquors. Provided that ho clause in any such Act or Ordinance shall be valid or capable of being enforced if in conflict with any of the provisions of this Act." I presume his Honor and Executive have acted under clause 20 of tho Provincial Ordinance of 1865, which provides : •* If there shall not be a quorum in attendance at any such quarterly meeting, any Pendent Magistrate appointed to, and usually bolding a Court within the licensing district for which the licensing meeting should have been held, or any Justice of the Peace who attended at the place of meeting shall forthwith signify to the Superintendent of the Province that no meeting was held, from want of the-necea-sary number of Justices, and it shall then be lawful for the said Superintendent with the advice and consent of the Executive Council to perform all acts in granting and transferring licenses and otherwise, which the Justices in any such quarterly meeting assembled are empowered to perform under the authority of this ordinance.” Now the fundamental principle of tho Act of the Assembly is tho granting of the license, and the power on tho part of residents in tho district to prevent the issue of some if a memorial be signed to that effect by twothirds. If this be so, then it appears to mo perfectly clear that the clause in the Prov ncial Ordinance, under which I presume the Superintendent and his Executive acted in the granting of licenses, “is in conflict ” with the provisions of the Act of the Assembly, and, consequently, is repealed by this Act, and that therefore it must be illegal for the Superintendent to act upon it. lam no lawyer, hut the Act appears to me to be so clear that “ he who runs may read,” and lam at a loss to know how his Honor and Executive could so abuse their position as to openly defy the law. If they can do so ux this case, they can do so in others; and, if so, it appears ts me quite unnecessary that there should be any Assembly or Provincial Council. It would be better to appoint the various Superintendents Dictators, ’ and make their will and pleasure the law. Besides the illegality of the Executive, they are doing a great wrong to the individual, for it is certain that such person can be proceeded against, and if so, a magistrate would be bound, if he did his duty, to line him. I would strongly advise any person so situated not to sell, uotwithstanding the permission of the Executive, for unless all law and order is to be set at defiance by those who should be the guardians of the law, he will surely suffer. It is admitted that a bungle has been made of the new Act by the Government not proclaimdistricts and appointing a Licensing Bench; and, therefore, had the Superintendent and Executive confined themselves to renewing existing licenses, few would have, cavilled at their action, but when they go beyond that, they act illegally and in deli-/ aace of the law, and such conduct deserves the rebrobation of all well thinking citizens. 1 1 £HUj Lc.f ~ ~ _ H. S. Fish, Jun. JJu&edm, January 2,
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Evening Star, Issue 3390, 2 January 1874, Page 2
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849THE LIQUOR TRAFFIC. Evening Star, Issue 3390, 2 January 1874, Page 2
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