COLONIAL WINE.

Wairarapa Age, Volume XXXII, Issue 10072, 18 June 1910, Page 6

COLONIAL WINE.

CAN JT BE SOLD IN NO-LICENSE DISTRiCi.

MR W. G. LAMB'S CASE. DECISION KESBRVED. An interpretation o! the Licensing Act, as to whether it is legal to sell New Zealand-made wine in NoLiceiwa districts, was sought on Thursday in the Wellington Supreme Court, a Masterton appeal case coming before the Chief Justice, Sir Robert Stout, In the Masterton Magistrate's Court, it will be remembered recently, William George Lamb, a grower luf grapes, and wine manufacturer, had been proceeded against for selling quantities of his wine in the NoLicense district of Masterton. The prosecution was instituted at his own request, in order that a ruling of the Court might be obtained. The Magistrate, Mr C. C. Graham, dismissed the information, and the Crown now appealed from tbis decision. Mr J. W. Salmond, SolicitorGeneral, with him Mr H. H. Ostler, appeared on behalf of Nathaniel Miller, sergeant of police, supporting the appeal; and Mr C. P. Skerrett, K.C , with him Mr F. P. Kelly, appeared for Lamb, the respondent. In opening the case for the Crown, Mr Salmond said Lamb contended that such sales of New Zealand wine as he desired still to conduct were exempted by Section 3 of th® Act. If the contention put forward on Lamb's| behalf were upheld by the Court, said Mr Salmond, the exemption thus allowed to New Zealand wine would have a far-reaching effect. It was not merely a question whether a person could sell wine manufactured by himself, but it was a general question whether a man coald gall any New Zealand wine in a no-license district. In further argument, the SolicitorGeneral urged that, if it were permissible that a man should sell New Zealand wine in a no-license district, it would be just as proper for an auctioneer in the same district to sill as much beer as he liked, so long as it was in quantities of not less than two gallons. It would also be legal to take New Zealand wine, which might contain 40 per cent, of proof spirit, into the King Country and distribute it among the Maoris. He urged also that it the prohibition applied to all fluids containing more than 3 per cent, of proof spirit, it would be illegal tc sell methylated spirits, varnish, and certain pen wnery in a no-license district. Outlining the esse for the respondent Lamb, Mr Skerrett remarked that it might have been the policy of the law to preserve the useful industry of wine manufacture from the exigencies of popular vote. Counsel submitted that this was a feasible and sensible view to take, although it might be contended that the intention of Parliament had been to prevent the sale of any liquor within no-license districts. This class of trade had never been the subject of a poll. ; His Honor: Only licenses are really subject to the poll. Mr Skerrett: Exactly, but it is an important observationt hat this was never subject to provisions relating to a poll. It is not the object of prohibition to exclude liquor from the district.

His Honor: It is the object cf prohibition to stop sales in the district. Mr Skerrett: The object is to prevant sales in the district, but not to prohibit the importation of liqour in any quantities within the district. 2 His Honor: Under certain restrictions. Mr Skerrett: Under no restrictions. His Honor: No; it is necessary to mark the liquor. Mr Skerrett: That may be. His Honor: That is a restriction.

Mr Skerrett: In practice it is no restriction. (Laughter). The object of these provisions for prohibition appear to be to prevent the sale of liquor in pints, and to allow its sale in gallons. Continuing his arguments, Mr Skerrett said that, if the contention of the Solicitor-General was correct the manufacture, as well as the sale, of wine, in a No-License area, was prohibited. It was not possible then to keep, in a No-License district, liquor that was to be sold anywhere, and a wine manufacturer was worse off than a brewer, licensed undtr the Brewers' Act, because he rru;t shift his business, whereas a brewer might still carry on his business of manufacturing in a No-License district. Lamb, said Mr Skerrett, had spent his life and his means upon his business, and the Court ought to weigh the law well before depriving him of his business. His Honor reserved his decision.