BREACH OF THE LICENSING ACT.

Manawatu Herald, Volume XXXI, Issue 456, 4 May 1909, Page 3

BREACH OF THE LICENSING ACT.

THE FIRST CASE OF ITS KIND. An interesting case was argued at the Magistrate’s Court, Palmerston North, before Mr A. D. Thomson yesterday morning, when Michael Moyuihau, publican, of Shannon, was charged on four counts with breaches of the Licensing Act by issuing small cards at the licensing elections on March 9th, containing instructions how to vote.

The case was the first of its kind heard in New Zealand, and was laid in two counts under subsection A and two under subsection B of section 157 of the Legislature Act, which reads: — Every person is liable to a fine not exceeding £2O who at an election : (a) In any way interferes with any elector, either in the pollingbooth or while on his way thereto, with the intention of influencing him or advising him as to how to vote; or

(b) Prints or distributes or delivers to any person on the day of the poll or at any time during the three days immediately preceding the poll anything being or purporting to be in imitation of any ballot paper to be issued at the poll and having thereon the names of candidates, together with any direction or indication as to how any person should vote or in any way containing such direction or indication, or having thereon any matter likely to influence any vote. The case was brought at the instance of the police, and the allegations, as stated by Mr Loughnau, prosecuting counsel, were that on the 9th of March last at the Otaki licensing election the defendant accosted two men, Thompson and Denton, who were on their way to the polling booth and delivered to them a card (produced) containing names of candidates, some of which were scored out according to the ticket suppported by defendant. The. card was headed “ Otaki Licensing Election,” followed by the words, “ How to Vote,” in very large type, and the words, “ Vote for the Moderate Party ; mark the voting paper that will be given you in the boot hth us. ’ ’ The names followed in alphabetical order, as on the ballot paper, with the names of some scored out. The charges were laid under the Licensing Act of 1908, which, by sub-section 47, adopts the procedure of the Legislature Act of 1908 in respect to Licensing Committee elections. The facts of the charge were admitted by the defence. Mr Cooper, for the defence, contended in the first place that the whole of the Legislature Act could not be brought in under section 44 of the Licensing Act, and quoted extensively in support of his contention. The section as to the penal offences obviously did not apply to Licensing Committee elections. In the second place, mere handing a card to a person as he walked along the road was not an interference. It was absurd to say such a thing unless the person was absolutely stopped when he was walking along. Then the card was not an imitation of the ballot paper. The section was no doubt intended to prevent the possibility of ignorant people putting imitation papers into the ballot box instead of the proper papers. In reply, Mr Loughnan pointed out that if the penal clauses did not apply to Licensing Committee elections there would be nothing to stop any of the parties doing just as they liked. They could go into the polling booths and coerce electors, and do everything that was guarded against in the Act in order to get their ticket elected. After further legal argument his Worship decided to reserve judgment.