CORRESPONDENCE

Wairarapa Daily Times, Volume XV, Issue 4415, 11 May 1893, Page 2

CORRESPONDENCE

The Recent GamblingScandai

(To the Editor W.D. Times.)

Siit,-fiindly permit me to bring before your notice a parallel case to the Btar Hotel, at Home, together with the opinion of tho Lord Chief Justice on the action of the Justices. The case is as follows" &. man named Pitman, obtained at a special sesrions held in April! 1892, a transfer to himself of the license of the Angel Inn, Aberdare. Previous to the annual licensing meeting appointed to be held in August of that year, the Superintendent gave Pitman notice of objection to the renewal of his licenseon tho ground, amongstotherp, that the said inn was of a disorderly character, At the hearing of the application evidence was tendered to prove three convictions against preww tenants, namely on May Ist 1 188?,' for permitting drunkenness. gq August 21st, 1891, for keeping open on Sunday; and on March 15th, 1892, for permitting drunkenness, On behalf of the applicant it was objected that evidence of. the conviction of previous tenants waanotadmissiblo against him, but the Justices admitted the evidence, and although it was admitted that the applicant was himself of a good character, and that there was nothing against him, they refused to renew the license on the solo ground of the convictions of the proyiouß tenants. The aotion of the J uslices was reviewed before a Divisional Court consisting of Lord Coleridge, etc. The provision in the English Acteoverning the question is in effect, that one of tho grounds of refusal of a license is" thatthe house ... in respect of which a license is sought . . . is of a disorderly character

. . It was contended that the meaning of those words was that the applicant himself must hnve contributed to the disorderly character of the house, that it must bare been disorderly whilo in his hands, and that therefore (he evidence of the convictions of previous tenants was not admissible. The Court held, however, that there was a clear distinction drawn between the applicant himself and the house in respect of which he applied, that a house of a disorderly character was a parliamentary phrase, that the disorderly character of the house was distinguished from the disorderly character of the applicant; and that therefore it was competent to show that the house was of a disorderly character without making any charge against the character of the applicant or his management of the house. Upon this cuse "The Mercantile Gazelto" says" There is no provision in our Licensing Act exactly corresponding to that in the English Act, the wording of the New Zealaud being" That the house is conducted in an improper manner and drunkenness permitted therein." But in view of the Chief Justices decision this is at least arguable that the improper conducting of tho house is not confined to the conducting of it by tho applicant for tho time being, but that the conducting of the house of a previous tenant may be inquired into, and a renewal refused, notwithstanding the good character of the applicant himself," Precisely bo, and on that ground we are opposed to the renewal of the licence of the Star Hotel. The house stands as a menace to the morals and good order of the town. It may be urged that a disorderly houte in New Zealand does not mean the same as in England. A glance ai tho charges brought against the Angel Inn,. Aberdare, show the utter fallacy of this argument. In connection with that house there is no charge of harbouring prostitutes, bat of" permitting drunkenness," an 4 " keeping open on Sunday," and these offences in the eyes of British law constitute a disorderly bouse. Now, among others, these are precisely tho charges which havo been brought against the Star Hotel, Of course it will be said, yes I but not a single conviction out of thirty-two informations have been obtained. Quite true I But why ? Everybody knows why 1 The Committee knows why I Where has been the possibility of securing convictions, when about thirty persons were drilled in the art of saying and swearing anything. The citation of the abovo case clearly shows that it was not eo much tbe personal character of the licensees, as the disreputable character of tho house that prevented a transfer. It is precisely the same in reference to the Star Hotel. According to tho statements of lawyers, each applicant for a license for that bouse has borne an irreproachable character, but such is the low charac ter of the house, that no man, no matter how good he is, iB able to conduct it according to law. I commend the above case to the notice of the Committee. If they wish to promote the moral well-being of the town, or stand tho shadow of a chance of return at the next Licensing Election, they must close that house. If they do not, they will, as you wisely remark, play into the hands of the Prohibitionists,—lam, etc., John Dukes,

The above able letter was written and in type before the fatal accident ocourred which is recorded in another column and which adds such an awful emphasis to the contention of the rev. gentleman. We endorse his demand for the olosing of the house,—Ed, W.D.T.

A Voice from the Upper Imm,

[To the Editor,]

Sir.—You have more tban once asked for a little information as to the progress and development of this district, and tbis would liavo been forthcoming long ago had there been evidence of such worth recording, but 1 regret to say that the do nothing policy so steadily pursued by our Eoad Board, on behalf of the outlying settlers is chiefly responsible for our backwardness in tbe march of civilization, It is therefore not surprising that there should be a desire on the part of some settlers to aot on the suggestion of two County Councillors, who are in sympathy with them, to lose no time in merging their properties into the Maurioeville District, and so escape from any further malversation of their rates, A prominent Councillor who passed through this part of the district, romarked in a public place that tbo condition of our by-roada was discreditable to the members of the Board, and the travelling public therefore, besides the settlers concerned, have a right to know why such a contrast exists, as a faultless gravelled ronJ as far.as the Chairman's house, and something very little better than pig tracks, or |tho aspect of a wilderness, beyond that locality, In proof of the above, I may instance that a lady and gentleman travelling from Alfredton Bideford vers so nonplussed as to

tho direction that (bey "should take, as road lines were overgrown with soruli, tbai the edifying spectacle was witnessed, of the gentleman armiug himself with a spare rail, and using it as a battering ram, against a gate which had been permanently secured—so that they might reach a homestead seen in the distance and there make enquiries as to their whereabouts, and this in a district which bus been settled for nearly thirty years. It may be asked why we do not raise a loan, to this I reply that the smaller setters bare for years paid a special practically useless to them, as it does not come within miles of their homes, whilst larger properties are eilher extuipt altogether, or pay on only half their acreage. Intending settlers should therefore avoid this district unless they are hopeful enough to expect justice, or information from

' Scrooge. Upper Tmieru, May Gtb, 1898,