A TEST CASE.

Gisborne Times, Volume XXVI, Issue 2269, 14 August 1908, Page 2

A TEST CASE.

SUPPLYING MAORIS WITH DRINK. [Press Association.] MARTON, August 13. At the Mart oil Court to-day, before Mr. Stanford, S.M., a case of considerable interest, as between European and Maori as to the supply of liquor for consumption off licensed premises, was decided. Ail information was brought against Geo. Gibbs for sup--plying liquor to a Maori while in the train, laid under section 46 of the Licensing Act Amendment Act-. The police contended that it was the intention of the Legislature, in amending the section, -to prohibit Maoris from obtaining too much liquor other than at hotels, and to prevent them being supplied at pahs. For the defence it was contended that the facts of the case, which were not disputed, did not come within the words of the section, because the liquor was not suimlied from, or in connection with, licensed premises. His Worship said' he was hot concerned with tile intention of the Legislature or the spirit of the Act. The words of the Act were clearly expressed, and by them he was strictly bound. Therefore, while a man giving a Maori drink was liable to a penalty of £SO, he was driven to this conclusion, hut he doubted if the Legislature intended it to be so. His Worship added it was a unique case. He regarded it as a highly technical offence, of which, accused was entirely ignorant-. As it was a test ease, one shilling fine without costs would only be inflicted. The decision is to be appealed against.