SUNDAY TRADING.

Waikato Argus, Volume IV, Issue 238, 22 January 1898, Page 2

SUNDAY TRADING.

THE INFORMATION DISMISSED.

. (Bl TELEORAPH.—OWN COEBESrONDENT). Auckland, Last Night. At the Police Court this morning, Mr Hutchison, S.M., delivered his decision on the charge of se'ling liquor on Sunday, preferred by the police against Charles Reinhardt, licensee of the City Hotel. Mr Hutchison said : I think that the information must be dismissed on the broad grounds that, on proved facts, the liquor, the legality of the sale of which is the point to be decided, was supplied to the order of a lodger of defendant, and that, as the law stands, such a transaction is not illegal. Section 22, subsection 5, of the amending Licensing Act of 1895 has been commonly understood to have been introduced to make the sale of drink during prohibited hours for other purpose than the personal consumption of a lodger and traveller unlawful, and the'general framing of the section support this view ; but when the language of the section is closely examined, we are obliged to take another view. Mr Cotter has pointed out a material omission in a proviso to the sub-section 5, namely of words " or lodger," which he contends negatives the supposed intention of the legislation. That contention must, I think, be allowed. Whether the words to include a lodger were in the original draft of proviso, as one might suppose, and were struck out during the passage of the measure through Parliament, or whether Parliament was aware of : the original omission is useless to speculate upon. We cannot give effect to any supposed intention of the Legislature not fulfilled by the language it adopts. We must take the section as we find it, and presume that the Legislature simply means what it says, and the result, so iar as a lodger is concerned, is that the law remains as it was before the Act of 1595. The information is thorefore dismissed."

There was a further charge against Charles Reinhardt of attempting to bribe Constable Bezar, the informant in the above case. Sergeant Claike asked leave to. withdraw the charge, aud the Bench consenting this was done. -.