LICENSES AT NEWTOWN.

Gisborne Times, Volume IX, Issue 865, 15 April 1903, Page 3

LICENSES AT NEWTOWN.

DEPUTATION TO PREMIER. NO PROVISION FOR FRESH ELECTION. Per Press Association^ Wellington, last night. A deputation representing tho Newtown Patriotic League waited on the Premier this ovoning to ask that a further vote of the pooplo of tho district ho taken on the local option question in order that tho wish of the people might bo given effect to. Tho Premier, in reply, said that he had placed tho matter bofore tho SolicitorGeneral. There were two questions, that of taking a new poll and the possible action of the licensing committee in refusing to grant licenses. The Crown Law Office had advised that licenses could be granted, and that tho district now revorted to the position in which it stood before the original poll which had been declared void was taken. Then, as to taking of a fresh poll under soction 52 of the Licensing Act, 1881, tho opinion given was that while in the case of mischance or misadventure, the Govornorin-Council might authorise a new poll in tho prosont case, the poll had been duly taken and had been declared void on tho ground of certain irregularities. Thoso irregularities did not constitute mischance or misadventure within the meaning of tho Act. They aroso from a broach i of tho provisions of tho Act, whereas mischanco or misadventure meant accident, such as destruction of polling place at the last moment, loss of ballot papers, or anything of that kind. Moreovor, section 52 had boon implicitly repealed by the Act of 1895, which specitically directed that a poll should be taken simultaneously with the general election poll : further, there was not statutory machinery for the taking of a second poll. The plain intontion of tho Legislature in Bub-section 4 of section 8 of tho Act of 1895 was that if none of tho proposals woro carried tho committee was to bo notified and licenses must continue as they were. In my opinion, continued the legal adviser, this covers the void poll, for tho plain result of voiding is that none of tho proposals have been carried. The Premier went on to remark that Parliament in passing laws ought to so perfect them that it should not be within tho power of individuals, either by negligence or wilful act, to thwart the will oi the people. He then read two other legal opinions upon the point frequently raised of late that prohibition must follow in tho event of tho poll being declared void. Both opinions were to the effect that there was nothing in this contention.