SALE OF LIQUOR.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5179, 16 September 1927, Page 2

SALE OF LIQUOR.

RAILWAY DEPARTMENT CHARGED

POLICE PROSECUTION FAILS.,

An interesting judgment concerning the Railway Department’s power to sell liquor was given by Mr E. Page, S.M., in the Magistrate’s Court at Wellington this- week when dismissing the information against Cecil William Price, who was charged by the police with auctioneering less, than five- gallons of liquor for sale. “The defendant," said His Worship, “who is a licensed .auctioneer, carrying on business in Wellington, was On August 3 last engaged by the Railway Department to conduct the annual auction sale of unclaimed luggage and goods for the Wellington district. Amongst the unclaimed goods were two cases of whisky. These were duly auctioned by the defendant, the price being fixed at per bottle, but the whisky sold at per case. The defendant was charged under section 195 of the Licensing Act, that he did sell liquor without being duly licensed to sell same. For more than one reason I think that this charge must fail. The New Zealand Government Railways are Vested in His Majesty the King and the activities of the Railway Department are State activities, carried on by His Majesty.” His Worship went' on to say that it was a well-established rule in the construction of a statute that His Majesty was not bound by it, unless there were express words or a necessary implication to that effect, for it was inferred, prima facie, that the law made by the Crown, with the assent of the Houses of Parliament, was made for subjects and not for the Crown.