A LICENSING CASE.

Hokitika Guardian, 15 December 1924, Page 4

A LICENSING CASE.

KIWI AJtA, Dee. 13. At tlie Alagistrate’s Court, yesterday before .Mi' ALeklnun S.AI. Charlotte Lewis, licensee of I’earn’s Hotel, was charged with refusing to supply lodgings to a traveller on October 33nd. Air J. A. Alurdocli, of Hokitika, appeared for defendant, and Senior-Sergeant ,1. .1. .McCarthy for the police. Tile latter said the action was laid under Section iG.j of the Licensing Act. Llewellyn King, who had been refused accommodation for the night, was a Prohibition lecturer, who arrived in Kuniara atabout .1.30 p.m. on October ‘Jlfnd. After a lecture in a local hall ho arranged with a resident to secure accommodation at his hotel. The licensee re I used to provide accommodation, and had stated next day that she objected to King's calling. The police depended on the case of Brown v. Brandt. Kdwin .John Llewellyn King said lie was conducting a Prohibition campaign throughout the West Coast in October. He journeyed from Knss and Kuatapu to Kuniara on the d'-’nd.. arriving at about 0.3 Up. in., and leaving there next day lor Otira. He iutervieued the Kuniara Town Clerk, who recommended that he should stay at l’earn s Hotel, and after the lecture a Air Kvendon asked Airs Lewis lor accommodation for him. but was refused. They returned in company to the hotel about II p.m. but could get no answer to their knocks. I'lliniately he stayed at, the Commercial Hotel. Ihe next day he interviewed Mrs Lewis, who said she had refused him accommodation been list'he was a Prohibition lecturer. In further conversation she asked him what right he had travelling round the country giving Prohibition lectures. Kvendon bad acted as his deputy. To Air Alurdocli: He did not apply for accommodation when he saw Airs Lewis on tint l!3rd. A lady who attended the lecture had authority from him to provide accommodation for him if such could bo procured, but be had not deputed her to do so. To the Bench : He did lint want to pay for it if lie could get it for nothing. It was not necessary for him to make arrangements at the hotel lielore It) p.m. The Afagistrate remarked that suck an attitude did not show much consideration for the licensee. Charles Hdward Kvendon gave evidence regarding the refusal hy Airs Lewis, who said: “Air King is Hot entiling here.’’ hut refused to give any rea-s..-.n. She threatened to turn the hose on the lecturer. * The Rev. -f. K. Alnrtin. Alethodist minister and president of the West Coast District Alliance, detailed the conversation between the defendant and King on the 33rd. Both Airs Lewis and the barman in the hotel had advised them to report the matter to the police. Constable John b'ox said that Airs Lewis, when asked the reason for refusing King necuniniodntioii. said: “lie is trying to close my doors.” Mr Murdoch submitted there was no ease to answer. There was no proof that Kvendon was an agent, as Seel ion Bio look no account, of agents on behalf of a traveller. He quoted several aii thori t ios. including llalshiirv. In show that the tender ot u reasuuahle sum was ueeessarv. King had changed his mind about the hotel, and was prepared to accept the hospitality of a private residence at. one stage, lie was not a traveller in the legal sense of the word, tin the authority of Huglish decisions, he would contend that I'.vriidnu should have been provided with money to pay lor Hie accommodation. Senior-Sergeant AleCarthy said that this was in conlliet with custom. 11 is Worship saul the charge was a criminal one. and every detail ol prnnl should he adduced. King did not have (lie common courtesy to let the licensee know in reasonable time that he required a lied. Apnarenlly he believed Hint he could obtain accommodation elsewhere ill no cost to binisclf. Kvendou bad knocked up. the house for him at 13.30 p.m.. and King had not relumed to the hole! In make personal applieal inn until half-an-hour later. The act of Kve'idoii did not eoiislitnle a siill'u ieot. application to bring the matter within Section HI-/. An tender had horn made, and then’ was no evidence that Airs Lewis had waived a tender. The charge was dismissed. King slated later that it was his into 11 ii■• 11 to appeal.