LICENSING.

Taranaki Daily News, Volume XXXXV, Issue 63, 14 July 1903, Page 2

LICENSING.

APPEAL OOURT OASES. PEK PBESS ASSOCIATION. Wellington, July 13. Owing to the indisposition of Mr Justice Cooper, argument in the Newtown Licensing case was cot resumed to-day. The full Baoch of the Supreme Court, consisting of Sir Robert Stout and Justices Djnniston, Connolly and Edwards, is honing a motion by the Rev. James Cocker, of Wanganui, tha' an order made by the Wanganui Licensing Committee in April last for the issue of a new wholesale license to W. G. Turnbull and Company be quashed, oh the ground that by the issue of a new license the number of licenses in the Wanginui Licensing District would be increased, contrary to the provisions of seotion U of the Alcoholic Liquor Ac*, 1893. Mr Atkinson appears in support of the application, and Messrs Skerrett and Myersare opposing it. Mr Atkinson c6ntends that so fir as local option is concerned the Act of 1895 makes no distinction between wholesale and other licenses. It was decided to take the Wanganui packet license case to-morrow. Later. In the Wanganui wholesale license case Mr Skerrutt, for the defendants, contended that the case was governed by the decision of the Gourt of Appeal in McKeczie v. Hogg, in which it was held that the general prohibition against the increase of licenses contained in seotion 147 of the Act of 1893 did not apply to wholesale licenses. He poin ted out that tbe question put electors under the Aot of 1895 and the pro visions of section 8 of that Act wer« equally general, and that they must be interpreted as section 14. of the Aot of 1893 had been interpreted. The fact that tha questions put to electors were in the earlier Act, put as regard three specially mentioned licenses and in the later Act as regaads licenses generally, he urged, mada no difference on the construction already given to the similar genuine prohibition in seotion 14 of the Act of 1893. _ He further argued that sub-section 1 of section 8 of the Act of 1895 did not prohibit the increase of licenses on the following grounds: -(]) That a wholesale license is not a " license existing in the district" within the subsection, it not being restricted to any place; (2) That tha subsection contains no restriction against the grant of licenses, its scope baing merely to leave things as they are when rcdustion and no-license are not carried; (3) That the subsection applies only to pub Hems licenses, and that this is shown (a) by the fact that a /reduction vote is explicitly restricted to publicarifa' licenses and (b) by the difference in language of the subsection 1 of section 3, which refers to lioenses "of any description," Mr. Atkinson replied, and the Court reserved judgment. It was intimated that the Newtown licensing case would probably be resumed on Wednesday.