A LICENSE CASE.

Gisborne Times, Volume XXIII, Issue 1824, 3 August 1906, Page 2

A LICENSE CASE.

LITIGATION AT WAIKOUAITI. PRESS ASSOCIATION DunediD, last nigh*. Tho matter of the license of the Waiau-ka-ua Eailway Hotel, which the Waikouaiti Licensing Committee refused to renew, was before Mr Justice Cooper to-day in the form of an application for a writ of mandamus to order the committee to grant a renewal. Mr J. H. Masking appeared for Mr Outred, owner of the hotol, and Mr A. 8, Adams for the committer. Mr Hoeking was about to open when His Honor remarked that the affidavit before him by two members of the oammittro appeared insufficient, as it did not state whether in their opinion the premises were out of repair, and there were uncontradioted affidavits before him that the premises ware not out of repair, Mr Adams said the fact of the matter not appearing in the affidavits was due to his misapprehension in thinking it was not required. His Honor said tho information before him was insufficient. If the committee upon oath stated that as the result of their examination they found the premises to be out of repair, and the accommodation insufficient, then there was the question of law as to whether they had the right to refuse.

Mr Hoskiug said that tbo committee would have to face the difficulty pointed out by His Honor, Moreover, on Ihe quesiion of predetermination thero was a conflict in the affilaviti. Oa that point, if material to the issue, he was intending to ask that these committeemen be crossexamined upon the affidavits, and if Mr Adams could now prepare an affidavit be (Mr Hosking) would ask him to get the members to deny that they went to the meeting with a prepared judgment—in fact a written judgment.

Mr Adams: Do you suggest that ? Mr Hosking : I do, and shall prove The case was adjourned for a week,