THE LICENSING ACT.

Wairarapa Age, Volume XXXII, Issue 10087, 7 September 1910, Page 5

THE LICENSING ACT.

ALLEGED HARSH ADMINISTRATION.

MR JUSTICE EDWARDS SPEAKS STRONGLY.

When the licensing appeal case, Police v. Smith, was being argued in the Supreme Court at Masterton yesterday, His Honor Mr Justice Edwards had something to say concerning the merits of the case. "This seems to have been an extraordinary prosecution," said His Honor. "What," he asked, "was the reason for it ? Obviously, the most that can be said is that there was a mistake. I cannot understand the reason for such a prosecution." Mr Ostler (Crown Prosecutor) said that if a brewer was allowed to send beer into a No-license district in the manner in which this had been sent, the object of the Legislature would be defeated. His Honor : Not at all. The man brought beer to the district for delivery, and when he found he could not deliver it he immediately took it back.

At a later stage his Honor said that it was a great pity that, in the administration of the Act, where there was a'vniutely no intent to create a !>.vach, the substance of the t:ii.;«i could not have been looked at. fc surprised him to find the Crown pressing a technicality of this kind. It should have been sufficient for the police to have given a warning. "But," added His Honor, "I suppose I am here to administer the law and not to make remarks upon the harshness of its administration. At the same time it is quite competent for a Judge to make such remarks."

Mr Pownall: We are prepared to show that, in law, there has not been a technical breach.

His Honor: I am only assuming that there has been a technical breach.