The Daily News. WEDNESDAY, MARCH 4, 1903 THE NEWTOWN LICENSING POLL.

Taranaki Daily News, Volume XXXXV, Issue 54, 4 March 1903, Page 2

The Daily News. WEDNESDAY, MARCH 4, 1903 THE NEWTOWN LICENSING POLL.

Although there is no appeal agaiost the decision of the Stipendiary Magistrate in the matter cf the Newtown Licensing Poll, the Hew Zealand Times discussing the position says: - While the late poll has been voided beyond all remedy, it by no means follows that the question of licar se or nolicense inNewtown during thenext tl r-M years has been settled by Dr McArthur's judgment. That question is, in fxt, still an open one. As the Legislature has made no provision for th.e taking of a second poll in the event pf the original one being voided, it is doubtful whether "no-license" or " continuance " shall be the ruK Shall it be held that the result is tie same as though there had been an invalid poll in terms of subsection 3 of section 4 of the Act of 1895? In that case, the existing licenses would be continued for three years more. Of does the fact of there having been no poll prevent the granting or renewing of any license? Legal opinions are at variance here, Tbe decision turns upon the meaning of the phrase " un f il the electors of the district have previously determined." It is that, without previous determination of the questions of license, no-licensa or reduction by electors of a district no licenses can be granted or renewed. But all the licenses in Newtown dietiict have formed the subject of previous determination by the electors, and the determiuation having been for continuance, that must st>u,d until it is altered in terms of law. Against tbis, it is contended by two Dunedin lawyers tbat in new districts—including [districts wlcse boundiri' s have b:en alto rid—there cannot bave been any previous determination, and, therefore, they argue there can be no licenses granted. It eetma to us, after a careful reading cf the statutes, tha 1 these gentlemen have had their judgment warped by their bias in favour of prohibition. The Alcoholic Liquors Sale Ooiitrol Act of 1893, which was the statute introducing the system of lycil option now in vogue, throws light upon tie intention of tbe Legislature ia enacting the clause upon which the prohibitionist lawyers rely, Jo that statute tho provision under notice is introduced with the words "from and 'after the pissing of this Act,"' The provisi >n that no licenses en be renewed until after a poll had bee a taken

is thus shown to be merely a ? : ay of saying that when the Act came into force a new order of things would bo introduced, requiring a poll of the electors 68 a condition precedent to the renewal of licenses. Neither in the original Act nor in the amending statute of 1895 is there a word or hint about " new districts," in the clause dealing with the necessity for a poll before licenses are renewed. It is only by reading into the Act something which is not in it that the prohibition advocates can find any ground for the /is uraption that the prevision marking] the icauguration of tbe new law applies to tho formation of new districts. There is, however, in the statute of j 1893 a clause headed "Poll in N»w Districts," which is worth quoting. It is section 21, and it reads thus: " Where a district constituted under i this Act or the principal Act has been abolished or alt' r.:d, ani has been constituted or divided into new districts, the prll in force in such first-men-tioned district at the t'me of such abolition or alteration shall continue and remain in force in such new districts until the period arrives for taking the next triennial poll, and shall have the sam 9 force and eflect as if such poll had been taken in such new dis'rict."

This does not, of course, apply exactly to the circumstances that have now arisen in Nt»wtown district; but the section is valuable as showing what th>intention of the Legislature was in the Cf'se of districts whose boandaiits might be altered during the currency of licenses. The intention, clearly expressed, was that the fact of altered boundaries should not affect the licenses existing. That being so, it is fair to assume that the same intention wou'd be inferred in the case of a poll bsing voided, and that, therefore, a change in boundary s would not pr. judicially affect the position of licansss in a district, but that the previous determination of the electors should " have t h'J same force and eflect" as if there had been no alteration of boun diries. It seems plain, theie f ore, that the election of a Licensing Committee for Newtown must proceed, and that the coir,mi teo must in June nexfc give effect to tbe will of the peoplo as expressed in accordance with law. The Grown law officers will doubtless advise on this point in the course tf a few dayp, and thfy may be trusted to do so on a fair readirg of thestatutis and without bias or prejudice. Already thei e ia an indirect intimation that thi prohibition party intends to contts 1 : ibis matter by fresh litigation. It in to be deplored that t here should be so much contention over questions of law. The fault may be said to lie primarily with the Legislature in not having provided for all contingencies, and mad* its meaning sufficiently clear, Ther is in the Newtown case an unanswer. ableargument for tha passage of amending lic;-nsing legislation in the coming session of Parliament. It seems absolutely ntcatsary that the Lfgisla' ure should provide for a secord licensing poll, in the event of the first one being declared invalid, or that it thoulJ more clearly exprtss its evident inteutiot that in such cases the lione s remaiti umlterid, o- prohibition continues it prohibition distric s, until the dite ol tho next triennial poll. It may bf necessary, in order to meet the sprcii circumstances of Newtown, and pre' vent injustice and ir convenience, thai : thq amending Isgislitioi should bf pas«d before the expiiy of the exis inj I.cense certificites on 30th June next.'