Manawatu Herald. [Established Aug. 27, 1878.] SATURDAY, DEC. 17, 1904. The Licensing Act.

Manawatu Herald, 17 December 1904, Page 2

Manawatu Herald. [Established Aug. 27, 1878.] SATURDAY, DEC. 17, 1904. The Licensing Act.

The above Act is reponsible for much misunderstanding as regards bona fide travellers, and test cases are in progress right throughout the Colony to gain judicial opinion as to the traveller’s position regarding his eligibility to claim liquor during closing hours. At Dunedin, Mr Graham, S.M., in a case brought before him to define the position, held “ that as the men had travelled over three miles they had a right to rest themselVes, and dismissed the case, although it was shown the men had asked for drink at the Saratago Hotel, which they had been refused/” The police talk of appealing against Mr Graham’s decision. Again it would appear that it is possible for men other than boarders, to fee per*

mitted, at times, on licensed premises after closing hours. Here is Dr McArthur’s judgment at Wellington S.M. Courtln two ca^s —one of being on premises afte. losing time, and the other of being served with tea on Sunday afternoon he dismissed the information ps it was. not shown that the defendants were on the premises in contravention of the Act. In the third case, in which the defendant pleaded that he was on the premises on Sunday to secure a meal, his Worship imposed a small fine as he discredited the excuse offered.” Then, again, the bona fide traveller comes under our notice, this time at Wanganui. A telegram from that place reads t—“ At the Magistrate’s Court a test case is being held with a view to obtaining a judicial definition of clause 42 of the Licensing Act, 1904, The licensee (6. Brown) of the cliff Hotel is charged with selling liquor to James Palmer on Sunday last, the latter not being a lodger. The facts were admitted, namely, that Palmer, who is chairman of the Wanganui Licensed Victuallers 5 Association, wens for an outing to Castlecliff, and,, having previously' informed the police he intended to do so, asked, as a bona fide for liquor in the presence of the police. The drink was supplied; hence the action (which is d friendly one) to define the position.” Will we ever know the true positiom of the bona fide traveller ? However, the verdict of the Wanganui S.M, will be watched with interest.