t,li.THE DRINKQUESTION.THE DRINK QUESTION.2TAPPENDIX.The administration of the existing laws falls ou threebodies :-The Excise, Police, and Licensing Authorities:Exeise Authority.-The duties of the Excise authoritv are moreof a mechanical kind, ancl have lit[le bearingquestion.. But it may be asked whether it would not be anrmplovemen-t if license dutl were based, not on thevaluation of the house, as is now the law. but on thequantity of spirits sold, of which an account is at presentkept by the Excise for income-tax purposes.Duties of potice Authorities.or lesson theThe drrties of the police authorities have a moreimportant and practicil bearing on the subject- Foiit is theirs. not only to arrest and prosecute drunkards,but likewise to --superviselicensed houses, to detectand prosecute offences against the licensing laws, andr-eport same to the licensing justices. Experidnce teichesthat, wlere there is an aclive and efficielnt po'lice officeror ,headconstable, -intemperance noticeabfy decreases,and there are fewer breaches of the law. Wil must, not,however, lose.sight of the difficulties in their way.Some members of the {orce have not. perhais. hishideals on this question, and are disposld ,"'tiiei ?oconnive at than detect breaches of the law. Thenthey. have sometimes to face an apathetic, if not hos[lerpagistlacy, whq either refuse to convic[ on sufficientevidence, or to inflict a punishment commensuratewith the gravity o{ the offence.Occasionally, too. there are temptations thrown in theirway-free drinks, perquisites, prospective testimonialsfrom the publicans, all which it is not easy to resist, andare not, it is to be feared, always resisted-to thedetriment of public morality and the cause of temperance.It is said that the public houses, which the LicensingJustice have multiplied with reprehensible indiscretionin purely country districts, are, in many places, centresof dissipation and drunkenness on Sundays. Are thePolice Authorities exercising due supervision over these,and if not, why not ? Why is it that, making allallowances for the difficulties in their way, the Sundayclosing la,,v is violated so frequently with impunity ?Again, to allow drunkenness on the premises is one ofthe greatest offences a publican can be guilty of. Yet,what do we find ? The offence is practically left unpunishedin this country.Many persons are arrested and punished for drunkennqss-howrarely are the publicans, in whose houses thisdrunkeness was permitted, prosecuted and punished ?Why is this ?Is it a defect in the law; or in the administration of thelaw ? Tlre practice, I understand, is to shift the onusprobandi on the prosecutor. Now, if a drunken personis found on or leaving the premises of a publican, is not thepresumption against the publican and would it nottherefore, sqem more rehsonable to throw on him.theburden of proving his innocence ?Lioensing Authority-Nature of its Functions.But, so far as the civii power is concerned, the bodythat has most to do for good or evil with the drinkquestion is the Licensing Authority. In the first place,it may be asked, what is the nature of the functions ofthe Licensing Arrthority ? Are its functions purelyjudicial, or are they administrative ?Up to quite a recent period the idea prevailed inpngland, arrd, I believe, it largely prevails to the prqsertt
22 TrrE DRrNK 9UESTION.moment in lreland, that its duties are purely iudicial.The decision of the House of Lords, witniri fhe lastfew-years, in the case of Boulter u. Kent, has definitelysettled that point, not only for England, but, to mymind, also for Irelind. Foi, whilst ii seems to me thaltler-eTly be accide-ntal differences regarding the powersof the licensing bodies in both countries, there G nonein their essential elements.It would be an anomaly if, under the same legislatureancl {or the application of a law that has t[e sameobject in view in both countries, the executive bodyitr one country should be administrative, and in the otherpurely judicial, that is bound to act on the evidenceofficially brought before it.It is not probable that such was the intention oIParliarnent, and consequently, I believe, that theLicensing Authority is an-administrative body in Irelandas, well as in England, like the Board of Griardians, orother such public bodies.But some persons may say, if the functions of theLicensing Auihoritl are-not-purely judicial, why takeevidencJon oath ? -My reply is', tha[ aI evide:irce ii tuk"r,on oath before the Liceniiirg justices in England, too,yet -there is no longer any doubt that the LicensingAuthority in that country is administrative and notpurely judicial.Lieensing Authorlty.-An. Ailmlnistrative Borly.The fact is, the Licensing Justices, as an administrativebody, ca! examine into cases and judge for themselvr swithout he_aring evidence at all; but-, if they acceptevidence, the law requires that it be sworn, 6ut th6yare not bounnd to act bn that evidence. This is a poinlof far-reaching importance, and at the very root oT thebetter admjnistration of the licensing laws. 'In ge_neral - it may be taid down that it is the dutyof the Licensing Authority to grant as many licenseia.q are_required for the needs of each locality, and to seethat licence-holders be persons who, by character,training, and the circqm.stanqes of their -position, areTr{E DRrNK 9UESTTON. 23suited to carry on the trade and unlikely to resort toillegal or disreputable practices.Such being the duties of the Licensing Authority, suchthe nature of its functions, it follows, that on it dependsto a considerable.extent, the solution of the questionof temperance reform in this country, so far as the Civilpower is concerned.Grantlng New Licences.And, in the first place, let us consider the question oJgranting new licences. The mrrltiplication of licencesfor the sale of intoxicating drink in this country, inthese latter years, has been nothing short oi national,scand,al,. It is acknowledged by all. An unanimousvoice from North, South, East and West, from pulpit,platform and press has been raised to protest against it.Every new licence is a new temptation to drink, and themultiplication of temptations to drink means anincrease of the victims of drink, and the consequentspread of intemperance. So great has the abuse becomethat Parliament has been called on to interfere andpass a law restricting the power of the magistrates inthis respect.Whilst we welcome this law, it cannot be regarded qsother than a discredit to the justices themselves, for itmeans that their administration has been so unsatisfactory,aye, so mischievous that a special law has to bepassed to deprive them of some of their power. Evenif this law should pass, an interval will elapse before itis put into operation.Resolutlon of Llcenslng Justices in Limeriak.Will the Licensing Justices, in the meantime,perpetuate this scandal and giant more new licenses ?Let us hope not-rather let us hope that they willimitate the example of Judge Adams and the Justices inLimerick, who have pledged themselves to grant nomore new licences in purely country districts.