CHAPTER II. LOCAL CONTROL IN NEW ZEALAND.

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In no British colony is the temperance sentiment stronger, or is there more likelihood of the agitation for prohibition being brought to a successful issue, than in New Zealand. Its statesmen have shown during the last few years great political venturesomeness; the parliamentary suffrage has been given to women; social, it may be said socialistic, legislation of a most pronounced character has been encouraged, and the dreams of English Radicals have turned to blossom and fruit under the Southern Cross. The danger at present seems to be, not that the changes will be too slow, but that politicians, eager to anticipate the public wishes, may adopt and carry advanced legislation for which the colony is not prepared. This danger has been greatly increased since the passing of female suffrage. Whatever merits women may have as politicians, moderation is not one of them; and in the last election they plainly showed that they intend to select for power the men of most outspoken views and extreme policy.

New Zealand is a country of to-day, and knows but little of the social difficulties that are taxing all the energies of politicians in lands with a longer history. The rougher and poorer emigrants have mostly chosen the other Australian colonies in preference to it, and it is peopled to-day by a picked body of prosperous Englishmen and Scotchmen. As regards the consumption of liquor, it takes almost the lowest place among those lands that fly the Union Jack. The average expenditure per head comes to only a little over three pounds a year, and the amount of proof spirits consumed per head in the same time is a little over two gallons, or only about half of the quantity drunk in England. The prohibitionist party is very strong in the colony, and is led by Sir Robert Stout, the Liberal ex-Premier. The prohibitionists do not attempt just now to secure a measure forbidding the sale of liquor throughout the colony, for they regard that as at present impracticable. Their demands for the time are local option of prohibition by a simple majority, and no compensation. This latter point they have secured; and the question of pecuniary compensation to dispossessed publicans is no longer within the range of practical politics in New Zealand. In 1892 a Licensed Victuallers’ Compensation Bill was brought before the House of Representatives; but it aroused such general opposition that its proposers did not venture to ask for a division on it.

The tendency of legislation has been for some years steadily in the direction of giving increased direct power of control to the people. For some time the supervision of the drink trade was left in the hands of the various Provincial Councils, but in 1873 Sir William Fox, then Premier, carried a measure through Parliament which granted to two-thirds of the adult residents in any neighbourhood the right of preventing the issue of new licences there, on notifying their desire in that respect by signing a petition. Eight years later, a new Act repealed this veto law, and provided a more complicated machinery for dealing with the question. According to this, a Licensing Board was chosen annually by the electors in each district, and once in every three years the ratepayers voted on the question whether any licences should be issued in their neighbourhood. If they decided in the negative, the Board had to abide by their decision; but should they wish for an increase, the matter was then brought before the Board, though this body was by no means obliged to grant new licences, even when the popular vote had given it power to do so.

In many ways this Act proved a practicable, workable measure. The Inland Revenue returns showed each year, from the passing of the Act up to 1889, a steady diminution in the consumption of drink, amounting altogether in the seven years to twenty-five per cent.; and though this reduction has not been quite maintained during subsequent years, the trade is still considerably less than it formerly was. The Act stopped the increase of public-houses, though very few of the old hotels were deprived of their licences under it. Out of 1500 licensed houses in the colony, only twenty-five were closed under the Act during the first seven years. Since that time the advanced temperance party showed considerably more activity in this direction, and succeeded in obtaining a withdrawal of most of the licences in more than one district. But a doubtful legal point cropped up, as to how far Local Boards have the power to take away old licences, that prevented very much being done. In a certain licensing district the temperance party aroused itself and succeeded in electing a Board pledged to close the hotels. The Board kept its promise, and thereupon the liquor-sellers brought a case before the courts, on the grounds that the members of the Board had publicly pledged themselves as to their line of action before election, and therefore they were biassed and did not deal with the licences in a judicial manner. The court upheld the publicans and declared that the deprival of the licences was illegal. This decision, of course, practically took from the electors the greater part of their local control. Another point in which the system proved unsatisfactory was in the supervision of licensed houses. There seems to be a general opinion among moderate men that the Boards were not nearly strict enough in bringing offending licence-holders to book.

The Act of 1883 was not sufficiently drastic to satisfy the temperance party; and last year Mr. Seddon, the Liberal Premier, brought before the Legislature and carried a liquor law which he said would meet with the approval of all parties. The measure is called “An Act to give the people greater control over the granting and refusing of licences”. The licensing authority is still left in the hands of locally elected bodies: though no member of any such body can be disqualified from sitting or acting because he has at any time expressed his views or given any pledge as to the liquor traffic. The whole of the colony is now divided into sixty districts, and each of these has its own Board, consisting of the resident magistrate, and eight other residents in the district. Any elector living in a district shall be qualified to become a candidate for election to the Board there, unless he is a paid colonial or local official, or is directly or indirectly pecuniarily interested in the liquor traffic. When, once in three years, the licensing committee is elected, each voter has submitted to him at the same time three alternatives: and he must scratch out two of these, thus voting for the one he leaves untouched, or his paper will be void. The three choices are:—

(1) I vote that the number of publicans’ licences continue as at present.

(2) I vote that the number of publicans’ licences be reduced.

(3) I vote that no publicans’ licences be granted.

No vote for a committee-man will be counted unless the elector also chooses one of these things at the same time as he votes for the members of the committee.

On the result of the direct vote the committee must act. No election is valid unless at least one-half of the voters on the register take part in it. An absolute majority of the votes recorded in any district carries either of the first two propositions, for no alteration or for reduction; but the proposal for no licences at all can only be carried on a majority of three-fifths of those voting deciding in favour of it. If the votes for no licence are under three-fifths, they are added to those for reduction, and counted as part of such. Where the proposal for reduction is successful, the committee shall carry out such reduction as it may think fit, provided that it does not exceed one-quarter of the total number of public-houses. Such licences as have been endorsed for breaches of the law since the passing of the Act are first to be taken away, and then those held in respect of premises which provide little or no accommodation for travellers beyond the bar.

The temperance party is seriously dissatisfied with this measure. “This Bill, I believe,” said Sir Robert Stout in the House of Representatives, “is a Bill more in favour of the liquor traffic than if I had met the Licensed Victuallers’ Association, and asked them to come to some compromise. I believe the association would have given a more reasonable Bill to the temperance party than this measure. That is my opinion, and I believe I am speaking what is correct, from what I have heard.” The chief objections of the local optionists are to the clauses that provide for a three-fifths majority for prohibition, and for a 50 per cent. poll before an election is valid; they also say that the licensing areas are too large, and that the Act practically gives the publicans three years’ licences. At the parliamentary elections that took place since the measure was passed, the question of a bare majority sufficing to carry the proposal for no licences has been made a test one everywhere; and the teetotalers, aided by the women’s vote, have carried their point in so many places that there seems every prospect of the law being altered in this respect almost immediately.

The first licensing election under the new Act took place at the end of March, 1894. A fresh and somewhat disturbing factor was introduced in it by the voting power of the newly enfranchised women. The women were (as they had been in the parliamentary elections) by an overwhelming majority in favour of either no licences or reduction, usually the former. Sometimes they allowed their zeal to slightly outrun the bounds of womanliness. Thus, at one meeting at Christchurch, called by the leading clergy for the consideration of the question, they took possession of the hall, voted down the proposals for reduction, and refused to listen to the speakers. The chairman would not allow them to put their amendment for no licence, so they would not let the meeting continue. They were as rowdy (if reports in various local papers can be trusted) as an excited meeting at a fiercely contested election in England. Finally they determined to there and then convert one of their leading opponents. “Pastor Birch,” reports the Christchurch Weekly Press, “says that when he came out of a meeting the ladies were hatching a conspiracy against him. They intended, when he left the meeting, to surround him in the middle of the road. A compact ring of female enthusiasts was to be formed round him, and, when they had him fairly wedged in, they intended to kneel down and pray for him. The worthy pastor, it appears, declined this delicate attention, but was at a loss how to escape. Ultimately, I believe, he hit on the device of leaving the hall supported on one side by his lordship the bishop, and on the other by Father Bell. This saved him, the women found it impossible to surround Pastor Birch without including his companions, and so let him escape.”

Full reports of the results have not yet reached England, but sufficient is known to make it certain that the temperance party has gained a great victory. Had it not been for the three-fifths clause, the greater part of the country would have gone under prohibition. At the time the last mail left New Zealand, the results were known in twenty-six out of the sixty licensing divisions; and the total votes there showed that 23,752 were for prohibition, 9467 for reduction, and 16,862 for no alteration. At Wellington, where the contest excited great interest, and was looked upon as a fair test for the whole colony, the results were: for prohibition 3397, for reduction 1283, for no alteration 3581. In only one place was the necessary majority obtained for no licences, and in another place the people have decided for no bottle licences. There were quite a number of districts where the prohibitionists were only a few dozen short of the required majority.

The results have amply borne out the objection to its being necessary for 50 per cent. of the electors to vote before the election is valid. In several places the publicans gave orders for their supporters to abstain from voting, and thus prevented public opinion being tested. At Auckland the temperance people made no attempt to prohibit or reduce, for they knew that it would be hopeless to think of securing a sufficient poll by themselves. The New Zealand Herald (28th March, 1894) says: “We think it will be found, when the whole of the returns come to hand, that in more than half the districts the whole proceedings are void, because half the names on the roll did not vote. The law may be defeated because one party may, previous to the elections, place a crowd of names on the roll, either merely bogus names, or the names of persons whom they know will not take the trouble to go to the poll. And as the matter stands, the ballot is practically defeated in many instances. Where there are no candidates to be voted for those acting in the interest of the hotels know, when they see a man going to the polling booth, that he is going to vote either for reduction or prohibition, and they appeal to him: ‘You are surely not going to give a vote against us?’”

From what seems to be a mistaken policy, the advanced temperance party refused to take any part in the choice of committee-men; consequently, while nearly every place has chosen reduction, the amount of reduction will now be decided by men elected largely by the liquor interest. It is hard to see what benefits the prohibitionists hope to obtain from this course, unless, as many aver, they want the public-houses made as disreputable as possible, so that the people will be more eager to get rid of them.

The opinion of various classes in the colony as to the outcome of the election can, perhaps, be best seen by extracts from their own journals. The Lyttelton Times (anti-prohibitionist) says: “The first really genuine local option poll has shown the people to be determined upon further reducing the number of licensed houses. The polling, which was everywhere conducted with the most perfect decorum and good feeling, has served several useful purposes. It has demonstrated the strength, and weakness, of the prohibition party; it has elicited a very decided expression of public opinion that the existing number of licences is in excess of public requirements; it has shown that the people can be safely trusted with full executive and judicial powers in a manner affecting their interests; and it has, we hope, settled the vexed licensing question for three years to come.”

The (Wellington) New Zealand Times says: “The present interest centres in the large prohibition vote. The weight of that vote is a surprise and a warning. Few were prepared for it, but most people frankly confessed their inability to gauge the new power. Now that this power has declared itself, few will be prepared to deny that prohibition has come appreciably nearer than a year ago any one thought it would come in this generation.... The decided prohibitionist leaning of the body of electors is a warning that nothing but strict regulation, worthy of the name, will serve to stem the advancing tide.”

On the other hand, the Otago Witness, although a strongly temperance paper, is inclined to explain away the prohibitionist vote. “Numbers of temperance people, properly so called, are working with prohibitionists,” it says. “They say to themselves, ‘Whatever results may be obtained from this agitation of the prohibitionists, they are sure to fall so far short of their aim that by helping them we can accomplish our own’.... We may yet find the bulk of the people advocating prohibition, not because it will prohibit, but because it will restrict.”

The Manawatu Daily Standard considers: “If the present state of the public mind be any criterion, the day would seem to be dawning when prohibition will come upon us; but the feelings of many would revolt against such a revolutionary procedure being entered upon at the present time”.

The Christchurch Press says: “The polling was nowhere so heavy as we were led to suppose by a great many enthusiasts it would be.... A great many abstentions may be accounted for by the fact that those whose desire was for a reduction felt pretty confident that with the votes of the no licence people it would be carried, and consequently they did not take the trouble to vote.... The great lesson which we learn from these elections as to the feeling of the public of New Zealand on this licensing question is that a vast majority are not prepared to go to the extreme length of closing all the houses, but that a great majority do desire that there shall be a reduction of something like 25 per cent.; and that those which remain must be made to understand that they retain their licences only on condition that their houses are well conducted in all respects—that is to say, that they only sell good liquor to sober people within legal hours.”


                                                                                                                                                                                                                                                                                                           

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