LICENSING APPEAL.

Taranaki Daily News, Volume XLVI, Issue 113, 17 May 1904, Page 2

LICENSING APPEAL.

THE NEWTOWN HOTELS OASfe PRIVY COUNCIL UPHOLDS LICENSEES' APPEAL. (Per Press Association.) WELLINGTON, May l(f. A private cable message received in Wellington from London statu that the Newtown licensing appeal boa been allowed, with costs.

The result of the appeal is create ing a good deal of interest, and is being freely discussed by both aides. The solicitors acting on behalf of the trade state that an arrangement was rnude prior to the appeal going Home which was in effect that a cablegram giving the result of the Privy Council judgment should be taken cognisance of as if the full I judgment had been received by post. I I he cablegram received stated " Appeals upheld with costs," and w£s signed by the solicitor acting on dI ther aide.

Ihe Licensing Committee for the district lias been naked -to meet tomorrow morning to give eflect to the Judgment, but it is not yet known whether a meeting will take nlace to-morrow or next day.

HI STORY OF THE LITIGATION,

WELLINGTON, May lfl The history of the Newtown sing case runs as follows TW local option poll in 1002 declared in lavour of prohibitiom by a small majority ; but upon a magisterial inquiry Dr. McArthur. S.M, deffi the poll null and void upon charges ol irregularities at polling booths Subsequently the electorate elected a no-license committee; and whan • hcensoes (Ave) in the district apS for renewals of their liconWu? rhi UU L • ee ' ugalnst tho direction M the chairman (Dr. McArthur) refused the applications. ' *** The publicans proceeded to sbII'II. in refusing renewals on want of Jurisdiction, The tiotr.iu were then closed, and iZ p s£ cans applied to the for a mandamus ;to compel the committee to renow. the licenses. The case was argued before the FuU urt ' Tho Chief Justice and Jus.i f and Cooper agreed that tho committee had acted m its rights, while J u *U»s e£ , wai ds and Conolly thought other- i wi«. The majority ofTe held against the licensees' and it was against this decision that an appeai (now upheld) was made to the Pnvy Council. ,™

OPINIONS ON THE RESULT.

Wellington; W lfl> teto P Isitt, secretary .of the New Zealand Alliance, interviewed, expressed great indignation at the result of the Newtown liconsing appeal. He considered the loss sustained to the temperance party will eventually be a gain, owing to the indignation that will be aroused amongst people at the flouting of their will. Speaking on tfle queeuon of licensing legislative reiorm he said: •■•lt is a matter of supreme importance to us that the public conscience shall he suineiently aroused to demand that we get our polls under cleaner conditions, and that we shall not be robbed* of our victories by the trickery of our opponents."

In tho course of the interview, Mrlsitt went on to say By the flo'.ision of the Privy Council we areiiei"eft of all hope of holding any vie*, torios we may gain in fite future, v I Our onward march is stayed, and the way has now been left open to practices in connection with ballot ooxes that will make a valid poll almost an impossibility henceforth, unless we fiave an overwhelming majority. There are a hundred wayn of upsetting a poll by tampering with -, the 'ballot, (jnless wo can chonta existing conditions our, ppponente have only to take advantage of the added knowledge that the court case* guv* them in Bruce and Mataura, Dunedin, Christchurch, Ashburton, and Newtown, and they can create conditions under which it would be im( possible for us to hold any victory 1 at we have won toy. a reasonable excess over tire three-fifths majority. »Va have lost in Newtown partly because certain ballot papors were tampered with, and partly because young people were induced to enroL oeforo they were of age, and' other little irregularities bo reduced our majority that the magistrate onablyd to declare that we bud,

Air A. R. Atkinson, legal adviser to the Alliance, said he was not in the least upset or surprised at Uw decision. He declared that the r«-.-.ult would hard on up the prohibitionists, and that no-license would oe carried without a doubt in New town at the next election. The nott insult of the case would be of (m----monso guin to the no-licenso znn'vZ. "lent all over the colony. Nothing so far is declarod «o * when the committee will meet to d< the qucßtion of l ° *»* borne questions involved; were nut I'S 1 ,"!";-- •»£«£. S to arrange." matlo

comjuittee meet - to-day. meet . ce,lsln ß Committer «h»it meet to-morrow afternoon la T*T. applications for the T conscs in t) JO district It rx •<£ j.Xir'yjts'rt.'aßll- - say Whether 'ng bill would be fntiviri K'Jicww—session. Neither could he the question of ">g paid to publicans bft " •iad been closed WhMe kou, * ! '