Manawatu Herald SATURDAY, MARCH 2, 1895. The Levin License.

Manawatu Herald, 2 March 1895, Page 2

Manawatu Herald SATURDAY, MARCH 2, 1895. The Levin License.

• Every day brings to light the careless manner Acts of Parliament are drafted, clauses contradict clauses until, in sheer despair a test case is taken into the Supreme Court to obtain a Judge's interpretation. This has been very lately shown in " The Shop and Shop Assistants Act" in the reading of which two experienced Stipendiary Magistrates have given a different ruling. The Inspector of Licensed Premises has brought to our notice certain .. clauses in - the combined Licensing Acts which go again to show that no one can positively assert that he has read the law according asit might be read by a Judge of the Supreme Court. For this, and other mercies, no doubt the legal fraternity are duly thankful, but it is, never-the-less, a disgrace to the Government to per-* mit which preaches the government of the people by the people, for how can anyone govern by law,

when that law is understanded not ? For the reasons we have just mentioned we would guarantee no reading of The Licensing Acts to be correct, but from the explanation We shall tender and the clauses we shall quote, we shall create a doubt in the minds of, even if we are not successful in fully convincing, our readers* that all the attempts past, present, and to come to obtain another license at Levin until the population has shown the marked increase determined by the Act, is as a mere beating of the air, all sound and fury, signifying nothing, for no power exists to do that Which is desired. There are two or three apparently valid objections to the granting of the removal of the Manakau license to Levin. The first, and most important is the fact that in dealing with a license a misconception has arisen that the district to be considered is the whole area covered by the administration of the licens ing committee. If we show that this is not so we shall have proved the inability of the committee to again entertain the application to be made to them. " The Alcoholic Liquors Sale Control Act 1803" clause 14 recites From and at any lime after the commencement of this Act, except as provided in section five, there shall not be granted any increase in the number of licenses in any district until after the taking of the then next census. We admit that the word "district " thus used is the licensing district, but we are referred to clause 5 for an explanation as to how any iucreasc can be granted. We have been told, and shall be told again, that the application is for a mmvnl of a license and not for a new license, but the fact remains that to the inhabitants of a certain subdivision it will be a new license. Clause 5 of the 1898 Act says Whon the population of any riding of a county wherein the whole of "The Counties Act, tSSfi " is in force, or of any road district outside of any such county, lms suddenly increased in a large degree, &c. the Governor may grant an authority to the Licensing Committee to issue a, further license. This clause makes the intention of the Legislature clear that the sub-divisions of the Licensing Districts shall be the Ridings of Counties, when the Counties Act is in force. The fact that a large population has increased over the Licensing District is as nought, the question guiding the increase of fresh licenses hinges upon whether the increase of population has taken place in any particular subdivision of the district. Clause 5 thus raises the question as to the meaning of the word " district " mentioned in clause 14. It appears as plain as anything in the Act that though the Act of 1881 permitted removals over the Licensing District, tbe last Act of 1893 though permitting removals as far as they can be made by lav/, distinctly prohibits any increases in licenses in certain subdivisions of the Licensing District known as Ridings of Counties. So that if 700 ueople entered the Otaki Licensing District, but were spread over many Ridings of the various Counties constituting the Licensing District, no increase in the number of licensed houses could be granted, whilst if 700 extra people went and 'ocated them?elvps at Ohau it would be justifiable and lawful for an extra license to be granted to the Riding in wlrch Ohau is situated. All this proves that the frontiers of the Act kept in view the rights belonging to the residents in certain subdivisions within the Licensing District to control the sale of Alcoholic liquor in their midst. The position of the licensed house at Manakau in regard to the subdivision in which the premises are situated to which it is desired to remove the license, bivri' through the little safeguard thtr b Act seems to have intended to have •preserved to the inhabitants (if it has not) as Manakau is situated in the Gtaki Riding, and Wereroa (Levin) is in tho Wirokino Riding. The granting of the removal of the Manakau license to Levin would mean the reduction of one license in the Oaki Riding and the increase of one license in the Wirokino Riding, thus doing to the latter Riding that which clause 5 of the 1893 Act says only the G n vernor is empowered to do upon petition from the inhabitants. There appears to be something \ery wrong in the interpretation of the Act when good business men believe such intentions can be lightly set aside for their good profit. The second point Worthy of considering in this matter is the validity of the application for, what is termed, " removal." This term has been used as getting nearest to the woi'ding of the Act, but the facts are very much otherwise. We ' suppose the proceedure will be familiar to our readers, the applicant for the removal of his license is already in popsession of a license for the premises from which he desires to move, he holds this at the time of making his application, and if unsuccessful, still retains it. To ordinary minds thpn it must be clear that on the day the applicant applies for a removal, there are in existence all the licenses that can be in force in the district, yet the Act declares Tf any holder of a license (except a packet license, a wholesale license, or a conditional license), shall desire to remove his license f-'om his licensed premises to any I other house io the same licensing district, '

he shall give notice, in such one of the forms in the Third Schedule as shall be applicable, of his intended application in the same manner as notice is required to be given of any application for a license. the removal, by the Act, is thus considered tantamount to creating a new license, and clause 4 of the 1881 Act states "New Publican's license " means a license granted in respect of premises whereof a similar license has not been granted at any time before the commencement of this Act. It is apparent that though the full number of licenses are in existence, in being asked to consider this removal, the Cotoniittee are being requested to consider, for a space of time, the actual granting of an illegal increase in the number of licensed premise's both in the Licensing District and in the particular subdivision of the "Wirokino Biding, contrary to the law of the land. The acts which the applicant for removal has to do to make public his intentions are hedged around with the same safeguards for the settler's protection as an application for a wholly new licetise is, the Act viewing that to all intents and purposes it is the one and the same thing. " The Alcoholic Liquors Sale Control Act. 1893 " though restricting any increase in the number of licenses in a district is silent as to any decrease, the framera not being able to contemplate such a calamity. It would appear lawful, should any number of licensed persons elect to throw up their licenses, for the Committee, to issue new licenses to the same number of new applicants, but oyidonMy only for premises situated wiihin any Borough within the Licensing District. Thus the applicant's position in the case under vovicw is so peculiar, as ho desires to remove to some place which the law forbids the committee to let him, and does not desire to go where the law would permit of his desire being granted. To summarise, we believe the Act forbids the granting of any increase in the number of licenses in any Riding of auy County ; that no application can be entertained by the Committee for the removal of a license whilst the number oi existing licenses remain as they are, as the application is viewed by the Act as a new license, and at the time, if granted, must have been one in excessa of the number allowed by the Act of 1893 ; that the dangerous ex* periment for the licensee to risk forn feiting his present license and applying for a new one would be use less, as though a new license could be issued it would only be available for a Borough ; that the application cannot be entertained at the next meeting of the committee owing to clause 67 of " The Licensing Act, declaring Refusal of any application for a license, or for the renewal or removal of a license, shall not prevent an application for a license being made in respect of the same premises at any subsequent annual licensing meeting. . This removal from Manakan has been twice refused, though fresh sites to which to remove to, have been, afc each new application, suggested. The Committee are no doubt animated by the desire to do that which is both right and just, but, as we have pointed out, the Acts on which they have to lean appear to be exceedingly unsatisfactory guides. To make matters still more pleasant for committee " The Alcoholic Liquors Sale Control Act, 1898 " clause 23 recites Every license granted ov renewed by any Licensing Committee in opposition to the the determination of the electors of any district, unless as provided by section five of this Act, shall be absolutely void and of no effect, and the holder of any such license shall be deemed to be an unlicensed person, nnd rnhj'ct, notwithstanding such license, ( o "1 " I'ena'ties of the Licensing Acts ■•> •<} d i lv case of unlicensed persoons sellinu liquor?. Every member of a Licensing Committee who sanctions by his vote or otherwise the granting or renewal of any such license as last aforesaid in any district shall be liable to a penalty not exceeding fifty pounds in respect of every license so granted or renewed, and the Baid penalties may be recovered in a summary way by any elector of such district who may sue for the same. The Licensing Committee appear to be placed in a most unpleasant position by being asked to do the impossible. Should they yield to the desire of the applicant and should they have misread the law, pains and penalties cheerfully await them, each being liable to a penalty of £50 and costs. The lot of a Licensing Committee man is not a happy one.

The Borough Council meets on Monday night. Many tenders should be received for contracts advertised. The Wirokino Road Board are calling for tenders for clearing out the Aratangata drain. » Mr McMillan will • hold an auction sale at his rooms, Foxton, on Thursday next, Tuesday evening is the date fixed for thn harvest festival and fruit banquet at the Primitive Methodist Church. Section 204, Foxton, was not sold yesterday. The stock sale at Foxton did not cause spirited bidding, but before tho sheop were removed most of tho pens wero privately disposed of. The S. Magistrate will hold a court at Foxton on Thursday. It is probable that parents of absent school children will have to appear before him. To-morrow at tho Primitive Methodist Church farewell sermons at 11 a.m. and 6.30 p.m. Rumour asserts that the Freezing companies have dropped sixpence) to a Bidding a head in tho price thoy aro giving toy fat wethers.

The Sanson stock sale will be held on Tuesday. Mr Bramley offers ft- reward of £1 for the recovery of a black brown mare. Particulars will be found in the advertise, ment. The auction sale at the Centre of Com. tnerce, held by Mr McMillan, on TtattOW ~ afternoon, passed off very successfaliy» proving there is yet plenty of money in the town if inducements are held out for its expenditure. The Examiner reports that Mr Sedcole the valuer for the district under the Advances to. Settlers' Act, is in the saddle every day from early morning till late at night making valuations. This hardly looks as though the district was very flourishing. For unexpected assertions the Wellington government organ " takes the cake." Fancy holding up Mr Thomas Russell, : C.M.Gr. of Bank of New Zealand and Loan Company fame as a desirable colonist and as a sample of more of his sort being wanted ! The Post says some very straight thiDgs about the singularity of the selection. " Where ignorance is bliss 'tis folly to be wise." In the Egmont Post is the following par. I:—Bather1 :— Bather unaccountable,— ln one of the lots of excursionists yesterday, there were some 60 odd children, looked over Tjy some 60 odd parents. How on earth did..*. they divide them?" We will endeavour for the satisfaction of the bachelor who o must have written the local, to explain. - A wise child who knows its own father has generally two parents, and thus if the * families were all small there would be no. . reason to raise any question at all, for one : . ; hundred parents could each claim OBfl '- child. The Hon. the Acting Postmaster-General (whoever he may be) has at last ackriow-* ledged the Mayor's letter of the sth Feb., quick work, all things being considered. The letter was requesting a daily morning mail to Levin, and thejreply is satisfactory, if not liberal, for " the proposed arrangement will be given a trial, provided that no expense will be incurred to the Depart- o. : ment." The Department also wrote to Mr Starisell asking him if the proposal met wilh his approval. Mr Stansell has oreplied "I am willing to carry same to end ... of the present year free of cost to the Department as the inhabitants of Poxton *.'■ are subsidising me for that purpose as they consider the morning mail suits them best. Of course the mail not to mean Parcel Post hampers." One part of New Zealand, } at last gets what it wants, but at its own . expense. " Liberalising for ever." „^ The 31 regular cavalry regiments in the British army (including the Household Begiment) employ 12,500 horses. During the past year the lifeboats of the"' Royal National Lifeboat Institution have been launched on service 398 times, result- 4i ing in the rescue of 625 lives. Miss Aritia Gilbert is the first registered coloured woman dootor in Louisville, Ken^ ucky. ; --..f /.■, -p Some Highland cattle have been poisoned < at Richmond by eating yew from the trees. Certainly the most effective medioine ill the world is Sanders and Son's Eucalypti Extract. Test its eminently powerful effect in Coughs, Colds, Influenza ; the relief instantaneous. In serious cases and accidents of nil kinds, be they wounds, burns, scaldings, bruises, sprains, it is the . safest remedy — no swellings — no inflammation. Like surprising effects produced in Croup, Diphtheria, Bronchitis, Inflammation of the Lungs, Swellings, <ftc, Diarrhoea, Dysentery, Disease of the Kid- ; neys and Urinary Organs. In use at^ all hospitals and medical clinics ; patronised by His Majesty the King of Italy ; crowned with medal and diploma at International Exhibition, Amsterdam. Trust in this „, approved article and ejjeot all oflreit/*** :4au [apvt.] Headß of families, storekeepers, settlers careful housewives, young and old, rich- ■ ;.; and poor, alike will save heaps of money by making their purchases at the Great Partnership .Sale, now going on at Te Aro House, Wellington. The announcement-made in another par- ?- of this paper that a sale of greater magnitude than ever yet attempted by Te ' Aro House is now being held should arrest the attention of everyone in this part of the Colony. Early in the year Mr Smith admits to a -■ partnership in his business a commercial gentlemen who has Jong 'been*, associated with the London buying for Te Aro House. To thoroughly reduce and prepare ihe stock previous to the partnership 2 stock-*"" taking sweeping reductions will be made in all Departments, the stock-must be reduced by £15,000, and, this splendig Drapery A Stock at Te Aro House will be offered to A the public at most tempting prices. ' ** ' /i Te Aro House has long held the jar niwfrfrt v : position as the *' Leading Famjly jßrajjjflJE Warehouse,." and further developments ara^ now taking place to, inaugurate the jear^v*. 1895. ' •'"• : "-■"*"» «fio