A NO-LICENSE QUESTION.

Wairarapa Age, Volume XXXII, Issue 9623, 16 October 1909, Page 5

A NO-LICENSE QUESTION.

MR C. A POWNALL SAYS THAT CONTINUANCE EXISTS. A LICENSE TO BE APPLIED ■■• FOR. In the course of a case heard at the Magistrate's Courr, yesterday, before Mr R. H. Turton, S.M., Mr C. A. Powoall, who appeared for the defence, made the surprising statement that No-hcense had not been carried in the Masterton district. The Act, stated counsel, said that the existing condition, viz., continuance of license, should exist until a valid poll to the contrary was carried and duly declared. As the result of the poll held in November, 1908, No license was duly declared to be carriei by the Returning Officer. The notice published by him contained the number of voters who voted, and the number of vote 3 recorded in favour of No-license. A petition was subsequently lodged demanding a recount before the Magistrate. On the recount the Magistrate altered the figures, reducing the votes in favour of No-licersc. The next procedure was that the Returning Office should have published an amended result of the poll showing the result of the recount, but he did not do so. This had never been done. Counsel, therefore, submitted that the final result of the poll had never been declared by the Returning Officer, and that therefore Nolicense has not been carried in the district, and that continuance of license still existed. The Magistrate, with a smile: "It seems rather a radical change." Mr Pownall said that Parliament could not rectify the matter by a statute, having a retrospective effect, and as the Magistrate, who conduted the .recount, was deceased, he could not now give the order to the Returning Officer to publish the amended result. Mr Pownall further stated that it was his intention to apply for a license in the district, and if the Licensing Committee refund to Bit and determine the application, he would apply for a mandamus to compel them to do bo.