Poverty Bay Standard. Published Every Wednesday & Saturday SATURDAY, JANUARY 29, 1881.

Poverty Bay Standard, Volume IX, Issue 913, 29 January 1881, Page 3

Poverty Bay Standard.

Published Every Wednesday & Saturday SATURDAY, JANUARY 29, 1881.

“ We shall sell to no man Justice or Hight; “ We shall deny to no 'man Justice or Eight ; a, 'We shall defer to no man Justice or Right."

Whatever ultra-absurdities, and objectionable features there are in our Licensing laws, we must put up with them until the spirit of enlightenment alters them. The Auckland Provincial Act of 1871, which ought to have been burnt long ago, is one of those aims at Sabbatarian goody-goodyism, which has made far more sinners than saints. Acting under its provisions, and upon instructions recently issued from Wellington the police in Gisborne have redoubled their exertions, and displayed a restless anxiety to “ run some one in;” and, on Wednesday last succeeded in a conviction against Mrs. DeCosta, the proprietress of the Turanganui hotel, for profaning the sanctity of the Sabbath,’ by giving a man, employed in the house, a pint of beer for his breakfast on Sunday morning last, instead of tea. The reason for all this renewed activity is this : Not long since, some of the professed cold water drinkers of Wellington, formed themselves into a deputation,—when what was called a “ Temperance Conference ” was sitting there, —for the purpose of urging on the Government the necessity for “ stamping out ” the liquor traffic on Sundays. Consequently, orders, to which we have referred were given, and all the hotels in the Colony, were put under strict police surveillance. Most of the charges that have, so far, been brought, are against Wellington hotels ; and we are not surprised that the N. Z. Times writes rather warmly on the subject. Our contemporary, like ourselves, doubtless, is desirous of upholding the law, and of supporting measures calculated to preserve a proper reverence and respect for the Sabbath day; but there are bounds even to outrageousness. It is a truism that these spasmodic attempts at enforcing the extreme severity of the law, have proved periodic failures. The best, and most experienced amongst our police officers have again and again witnessed to the fact that it is “ simply impossible ” to prevent a moderate sale of alcoholic liquors on Sundays. The operation is like to damming an element which must find an outlet somewhere. And if this be so, is it not better and wiser to regulate and control to wise ends that which is not, nor cannot be subdued ? We are assured by those who have made these statistics their study, that the attempted total suppression of liquor supply on Sundays, has done more to increase the vicious propensities of men, than to do good. And is not this natural ? Tell any man that he cannot obtain that w’hich he legitimately desires, and lawfully may have, and his thirst for the possession of it increases at once ; but say to him “ You “ shall not have it,” and sin is increased in that man’s soul a hundred fold.

But we do not wish now to argue that {larticular point. We admit the absoute desirableness of all places of public drinking being closed on the one day in the week set apart for Sabbath observance. But there is a deal of difference between luxuriating man’s appetite to repletion, and giving him no bread; and we shall be surprised if the present state of the law is not looked into during the next sitting of the Assembly. In the meantime we desire to draw attention to the other portion of the law, which appears to be slightly misunderstood even by the publicans themselves, and that is the right that travellers and residents in hotels have to be served on Sunday. We have been solicited to look inte the matter, and to state publicly what is the real position. As the Resident Magistrate read the law, in Mrs. DeCosta’s case, and from what we infer from a reference to the Auckland Act, which is unrepealed, there can be no doubt on the point. The 38th section of the Auckland

Licensing Act, 1871, says that no person or publicah ‘shall sell dr supply alcoholic liquor, or suffer the same to drunk in or upon his house or premises between the prohibited hours, “or on Sundays, except to or by bona “fide travellers, and persons resident “ thereat and sleeping therein?’ No language can be plainer. It would surely be a monstrous tyranny for a man’s freedom of action to be taken from him because necessity, or accident, domiciles him at an hotel on a Sunday. At one hotel in Gisborne, we are informed the landlord has positively refused to supply his lodgers with liquor on Sunday, on the mistaken belief that the law prevented it. And it is just as well that the relative obligation and responsibility should be made known, inasmuch as an hotelkeeper, being bound by the same Act to supply his customers, with such refreshment as he may lawfully do, under certain pains and penalties, a refusal to do so might lead to unpleasant consequences to him. But even that much is most absurd, for if the Act be literally and conscientiously carried out by both parties, a resident or bona fide traveller may not ask his friend, w r ho dines with him, to drink, nor the publican supply him with any ; nor permit him to partake of anything alcoholic in his house, although only a guest at the table of his host. This is the letter of the law, but is it probable that it is ever carried to its absurd length ? It certainly would be, to say the least, a funny state of affairs for Jones who is asked by Smith to dinner, at an hotel on a Sunday, to be prohibited by the landlord from taking a glass of wine or beer with his friend, because he is neither a resident in the house, nor a traveller. We are not to be understood as advocating an open house business on Sunday; but there is every possible objection to the present law which requires hotels to be hermetically sealed against the wants of certain persons being supplied on that day, as on any other. In England, houses are open by law from 1 to 3 o’clock in the afternoon, and in the evening from 6 to 9 o’clock, if we remember rightly, a concession to public requirement that would be found to work well in this Colony, under proper restrictions, one, which should imperatively be that, in no case, should any bar be open, the entrance to which is obtained directly from the public street. And it would be well for the Licensed Vituallers Association to make such representations to the Legislature as would concede to public necessity, without trenching on the rights and privileges of individuals, or offending against morality and good taste.