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I regret to say that it will be my duty to report the universal impression among Europeans and Maoris—an impression which I have myself good grounds for sharing—that the party opposing this Bill has received from the first the sympathy and support of the London Missionary Society, through you, its agent here. It seems to me fair that you should be informed of this beforehand. I have, &c. Rev. J. K. Hutchin, Mission-house, Rarotonga. Fbedebick J. Moss, British Resident.
Reply from Rev. J. Hutchin. Dear Sir,— Rarotonga, 11th September, 1897. I have this day received a letter from you, dated the 10th September, informing me that you intend to report an impression that the party opposing the Federal Court Bill has received from the first the sympathy and support of the London Missionary Society, through the agent here. I would desire to point out that the London Missionary Society is in no way connected with any action I may take as a private individual. Some time ago, before the Bill was rejected, I told you of the strong feeling there was against the measure on the part of the natives, and if the Parliament did not consider the Federal Court Bill a good measure they had a right to modify it or reject it. I have not gone out of my way to speak to natives on the subject. Every one has a right to their private convictions, and every one has a right to give his opinion if asked for it. That is all I have done. However, I can prove that I gave advice to the natives other than you imagine me to have given. I remain, &c, F. J. Moss, Esq., British Resident, Rarotonga. John J. K. Hutchin.
(7.) LIQUOR LAWS, AND CORRESPONDENCE WITH HIS EXCELLENCY THE GOVERNOR THEREON. [Rarotonga: Liquor laws formerly in force, and the present law of 1890. (In all the other islands the written law is very doubtful, but the practice has always been total prohibition.)] Original Liquor Law. XV. — Imported Liquor. [Forbidding all importations, under fines to all concerned, and forfeiture of the liquor. Of the fines, one-third was to go to the Arikis, one-third to the police, and one-third to the informer. After a second offence the offender was to be deported. This law has long been obsolete, and become a dead-letter. J XVl. — Bush-Beers (made from Oranges, Bananas, or Pineapples). If any one drink bush-beer the fine will be —for the maker, $10; for the drinker, $5. If drunk on the Sabbath the fine shall be $15. If a man be drunk and cause disturbance at any time the fine is $15. If he has no money let him pay in goods, and if he has nothing let him be put on the roads, or burn lime, &c. The meeting to drink bush-beer is unlawful, and those who meet shall be punished as above. If the meeting be on the plantation of one of them the fine will be |6 each instead of $5.
Supplementary Old Law, supposed to have men enacted in 1888, but without Date, and always a DeadLETTEB. The Law concerning Intoxicating Liquor, Native and Foreign. Intoxicating liquor, whether made by natives or imported by whites, is not legalised on the Island of Rarotonga. No, not in any way is intoxicating liquor agreed to. Take heed to this, all ye who are so persistent in the use of this article prohibited by law. Intoxicating liquor manufactured on the island, and also all imported intoxicating liquor; strong drink, whether made by natives or imported by foreigners—there is no exception made, every kind of intoxicating liquor is totally prohibited. The law runs as follows:— Clause 1, the Fine.—lf a native or a foreigner violate the first clause of the law he will be liable to a fine of $100. Clause 2, the Fine. —If a native or a foreigner violate the second clause of the law he will be liable to a fine of $50. Clause 3, the Fine. —If a native or foreigner violate the third clause of the law he will be liable to a penalty of $15. Clause No. I.—Every native that manufactures intoxicating drink, every merchant that imports intoxicating drink, be he a native or a foreigner, be he a subject of this kingdom or of some other country—he who manufactures intoxicating drink from products of the land, and he who imports intoxicating drink, violates the first clause of the law. Clause No. 2.—Every person resident on the island that trades in drink, be he a native or a foreigner, a subject of this kingdom or of some other country, violates the second clause of the law. Clause No. 3. —The purchaser of intoxicating drink, and every one that partakes of that drink in company with the purchaser, be he native or white man, also he who partakes of native-made drink, violates the third clause of the law.
Law passed and promulgated as a Temporary Measure on my Calling at Bahotonga en route fob Mangaia, when here only as a Commissioner in The Pearse Expulsion Case. (Action was urged as imperative on account of great drunkenness everywhere.) [Published 24th November, 1890.] No. 1/90. —This law has been passed by the Arikis and chiefs of Rarotonga in Council on the 22nd November, and is in force from this day, the 24th November, 1890 :— "No person, be he native or foreigner, shall sell spirituous liquor to any native. Any person so doing from this day will be fined $150 cash. The native who buys such liquor will also be fined $5 cash. As to the making and drinking of orange and other beers of that kind, the old law is still in force. The Council has appointed the following to give effect to this law and to try all offenders : — " Tepou, for the District of Avarua. Takao, for the District of Arorangi. Maovete, for the District of Takitumu." [This law remained till my return from Mangaia in following month, when the law now in force was passed. In taking action by giving advice and drawing up the following law before my formal appointment as British Resident had been received, I answered the urgent entreaty of the Mission and Arikis to do something to stop the drunkenness then prevailing.]
Liquob Law passed before Bbitish Resident assumed Office, and still in Force. (No. 2/90.) Liquor Law. 24th December, 1891. 1. A Licensing Officer shall be appointed by the Council, and in case of vacancy when the Council is not in session a temporary appointment shall be made by the Arikis. The Licensing Offioer can only be removed from office by a vote of the General Council, approved by the Council of the Arikis. 2. The duty of the Licensing Officer shall be to take charge of all intoxicating liquors within the protectorate on. the coming into operation of this law, and of any intoxicating liquors that may hereafter be imported.
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