THE Evening Star. PUBLISHED DAILY AT FOUR O'CIOCK P.M. Resurrexi. WEDNESDAY, JUNE 27, 1877.

Thames Star, Volume VII, Issue 2642, 27 June 1877, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CIOCK P.M. Resurrexi. WEDNESDAY, JUNE 27, 1877.

The licensing question will most probably occupy a prominent place in the debates during the next session of the General Assembly.; It must necessarily do so, as the policy of the present Government is to consolidate legislation and get rid of the old provincial enactments as soon as possible without violently rending any of the ties which bind people to old associations. There is not a question which more requires attention than .the Licensing Act. When the Abolition of Provinces Act was carried it was a mistake to continue in operation so many ,of the provincial ordinances whichstillhave the effect of law. No doubt the change was one of a partially revolutionary character, and it embraced issues which the united wisdom of the Government could not grasp all at once. A conditional state of things was therefore decided upon. So long' as provincial legislation did not clash with the colonial law it was not to be immediately interfered with; but it was understood that so soon as practicable the multifarious enactments of provincial legislatures were to be relegated to the limbo of repealed bills. This, as we understand the question, is the policy of the Government, and although it may have been found to be impracticable during last session of parlia-. ment, we assume that the Government will be prepared with some general measures to remedy this anomaly in the future, and, that such measures will be submitted to the House at an early period of the session. We d© not propose to go into the question of consolidating legislation in this article. We address ourselves to the licensing laws,^because just now this question is exercising, the public mind in various parts of the Colony, in consequence of the diversity of opinion whfbh exists as to the exercise of power by commissioners in regard to .the issue of licenses. If we were to criticise the existing general Act we should say that it was a failure. In the first place the nomination of Licensing Commissioners lias been found to be bad, for with the exception of Eesident Magistrates "as chairmen of such courts the appointment of commissioners has failed to give satisfaction to any section of any community. We may qualify thig assertion by saying tßa£ in some remote-dis-tricts of an exceptional character partial satisfaction may have been given. It may have been in the direction of grantingevery license applied for,' or it may have been in the refusal to grant licenses for really necessary houses of accommodation ; but in the latter case there'were probably circumstances which showed that some-

thing in the form of a Local Option Bill was wanted, the sympathies of the Licensing Commissioners being also in unison with the majority of the inhabitants objecting to certain licenses being granted. We confess that ( we have no sympathy with the extreme views of "any party; but as far as the licensing law is concerned we "are prepared to say that the matter should be left in the hands of the people—not the mere granting or withholding; a license, but the constitution of the Licensing Court." What is wanted first is one law for the whole colony, with a uniform scale of fees for certain privileges. Secondly, there should be a licensing bench whose powers are clearly defined, without the possibility of questions arising to perpetuate the anomalies which have arisen under the present general Act. Then if it be sought to give the people real local self-government in the matter of licensing, they should have some voice in the appointment of commissioners. Then might

be avoided the arbitrary rulings which have scandalised Ihe bench during late years > for it is notorious that the deliverances of licensing courts in some districts have been diametrically opposed to the decisions given by others. The provisions of an enactment should bo so clearly defined that any departure therefrom should be impossible ; and the Licensing Commissioners should have nothing left to their discretion: their duties should be simply executive. If this were done ,. —if a general Act were passed embodying certain conditions, the Local Option principle would meet with little opposition. It would, we believe, receive the support of the general public. But it would be necessary to embody in such a Bill protective clauses for the bona fide licensed victualler. The question of license fees is a minor matter as far as the public are concerned. If they were higher than they are some people may think that a better class of accommodation would be provided. This phase of the question should certainly be considered in passing a general Act. We are not in favor of any extreme measure, but in the question of legislation we do think that, so long as majorities rule the country they should have a larger say in licensing matters, and that the power of granting licenses should not be placed in the hands of inexperienced and irresponsible parties ; and while certain conditions should be exacted of licensed victuallers, they should not be subjected to the petty tyranny which is sometimes exhibited where matters are left to the discretion of the police;