THE CAMBRIDGE LICENSING DISPUTE.

Waikato Times, Volume XXI, Issue 1726, 28 July 1883, Page 2

THE CAMBRIDGE LICENSING DISPUTE.

At the usual monthly meeting of the Waikat© County Council, held yesterday, tiic abore question as between the council and the Cambridge Town Board, the particulars of which have already been published, was brought forward and discussed, an amicable conclusion being effected. Cr. Wells, in bringing the matter forward, said the question as it appeared to him was indeed a very simple one. It was, whether the council or the town board was the proper body to receive the Cambridge publicans' licensing fees, and issue the certificates of the same. About twelve months ago the question crept up in a like ionn, when it was refeucd to the council's solicitor for decision. At the conference at which the decision was given the treasurer (Capt. McPherson) was present, and Mr Hay decided that the town board was the proper body to receive the money and issue the licenses. His decision was accordingly given effect to. His object in bringing the matter forw.ud that day was to h.ive once and for all— or at least until the law was altered— a proper understanding anivod at. There had been, howc\ er, no change in the law since their >ohci tor's decision had been given twelve months ago. The publicans were more concerned in the matter than were either of the local bodies. It was upon them that the whole onus fell, and it was they vrho suffered, if there was any suffering in the matter at all. He contended that no publican in Cambridge (unless he had paid his license fee twice over) who held a license with Capt. McPherson's signaturo on it was a licensed publican —the paper upon which it Was written was altogether worthless. Capt. McPherson had no more authority to sigu a license for the Cambridge Town District than had the chair upon which he sat. The Cambridge hotels might all have been closed for three months, and there was no power, unless they succeeded in getting a new act passed, to controvert such a course, if the town board had deemed it necessary to prevail against them. This was the very undesirable position which the action of the treasurer, (Japt. McPherson, had indirectly brought about. He would fit st show them what the law was upon the subject. Mr Wells then proceeded to show to the council where the original misunderstanding had occurred. He had written to Capt. McPherson on finding what had been clone, drawing his attention to the illegality of his action in issuing the licenses, and requesting that the money which he had received on this account be refunded at once, and threatening legal proceedings in event of his noncompliance. The council could only make the town board pay to them the cost of administering the act in the town district. It was the duty of the Cambridge board on the Ist July, to have sued each publican in the town, and it was only out of pure courtesy they did not do so. Instead of taking this course they had succeeded in prevailing upon them to pay their licenses to Mr Thompson, clerk of the town board, and received a certificate signed by him. No doubt the majority of those present had read the Solicitor-General's opinion on the matter as published in The iVaikato Times. That opinion which was conclusively in favour of the town district was given on the Ist September of last year. He had already stated that no alteration had since been made in the law. He would also quote to them the opinion — he might say the decision — which had been delivered by the hon. Mr Dick on the subject. [The decision, which endorsed the opinion of the Solicitor-General, was quoted.] He held in his hand the decision which had been delivered by Mr Justice Williams on the 2nd November last, at the Supreme Court Dunedin, on a sjmijar case to that with which they were how dealing being brought forward for'adjudication. Here again this judgment, which had been given by one of ,the'highest authorities in the laud, bore out his contention in every particular. Captain .McPherson here asked Cr. Wells if the judgment which he had just submitted 1j referred to town districts forming only part of a licensing district, as well as town districts forming entire licensing districts as a whole ? t ,To,, this Mr - Wells [ replied at some Jength, contending that if a town district was at all , empowered to s issue licensing certificates and receive the licensing |f*es^on' account of such § jrtifi- 1 oates, it little 7 tnafctered \vh3ther it^ was .part of > licensing district ;op fl the^wh,oii»i , of, one/, ,H& considered the Jaw waisiiffivNwl ? flrJ«lt

quite sitre if the treasurer had given the matter any consideration he would have Been it was his duty to have drawn the attention of the clerk of the licensing bench to his error in forwarding the certificates to him. In conclusion he would move the following resolution :—: — " That the sum of £160, as receive by the council's treasurer for Cambridge publicans' license fees, be remitted to the' Cambridge Town Board, the licenses having been issued in error by the county treasurer, as the board is the ,'proper or legal party, and that it be an instrucof this council to the treasurer to refrain from receiving these license fees on all future occasions, unless wan anted by an alteration of the law." Cr. Runciman having seconded the resolution, considerable discussion followed, several members of this council being desirous that in passing a resolution no reflection or censure should be thrown on the treasurer, whom they believed to have acted in a very consistent and proper manner throughout. Capt. McPherson satisfactorily explained his reason for taking the stand in the matter which he had. He considered that as the clerk of the licensing bench, Mr Chitty, had forwarded the certificates to him, he (Mr Chitty) had been specially directed by the law officers of the Crown on the matter. Again he had had a direct application made to him for a certificate by a Cambridge publican. Capt. Steele thought the money should be refunded to the Cambridge publicans, and not to the town board. Cr. Wells thought that as a matter of courtesy the money should be paid to the board, who had had to pay interest on the deficiency since the licenses were issued. The resolution was then put and carried unanimously. Cr. Wells having thanked the council for the consideration and patient hearing that they had given his contention, the matter dropped.