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HomeMy WebLinkAboutThe Exeter Times-Advocate, 1959-11-05, Page 6Page 4 The. Times Advocate, Noverber D► 19$9 You compare the acts Reprinted Below Are Pertinent Excerpt; From The Two Acts Between Which Huron And Perth Must, Choose In The November 30 Referendum. While They Form Only Small Portions Of Both Acts, Cars Has Been Taken To Select Those Around Which Much Of The Controversy Arises. Not Only Are The Important Prohibitions Included But Also The Penalties And Thos. Sections Which Enable Police Officers And The Judiciary To Convict Offenders. Th. Editor Strongly 'Recommends Readers To Take The Time To Wade Through The Legal Wording Be- low, Keeping In Mind, HOwever, That The Paragraphs Are Taken Out Of Context And Do Not Necessarily Follow The Order In Which They Are Presented Here. Canada Temperance Act PART II Traffic In Intoxicating liquors Prohibition 118. From the day on whichathis Part corns Into force and takes effect in any county or city, and for so long thereafter as, and while the same continues or is in force therein, no person shall, t except as in this 'Part specially provided, by him- self, 'his clerk, servant or agent, (a) expose or keep for sale, within such county Or city, any intoxicating liquor; (b) directly or indirectly on any pretense or upon any device, within any such county or city, sell or barter, or, in consideration of the purchase of any other property, give to any other person any intoxicating liquor; (c) send, ship, bring or carry or cause to be sent, shipped, brought, or carried to or into such county or city, any intoxicating liquor; or (d) deliver to any consignee or other person, or store, warehouse, or keep kr delivery, any in- toxicating °liquor so sent, shipped, brought or car- ried. 2. Paragraphs (c) and (d) of subsection one of this section shall not apply to any intoxicating liquor sent, shipped, brought or carried or any person or persons for his or their personal or family use, except it be so sent, shipped, brought or carried to be paid for in such county or city to the person delivering the same, ,his clerk, servant, or agent, or his master of principal, if the person delivering It is himself a servant or agent. (Further sections deal with sale of liquor for sacramental and medicinal uses and by wholesalers and manufacturers.) PART III Concerning Offences Penalties and Prosecutions 128. Every one who by himself, his clerk, servant or agent, in violation of Part II of this Act, (a) exposes or keeps for sale, any intoxicat- ing liquor; or (b) directly or indirectly, on any pretense, or by any devise, sells or barters, or in consideration of the purchase of any other property, gives to any other person any intoxicating liquor; or (c) sends, ships, brings or carries, or ,,causes to be sent, shipped, brought or carried to or into my county or city any intoxicating liquor; or (d) delivers to any consignee or other person, or stores, warehouses or keeps for delivery any in- toXicating liquor so sent, shipped, brought or car- ried; shall on summary conviction be liable to a penalty, for the first offence, of not less than fifty dollars and not more than one hundred dollars or imprisonment for a term not exceeding one month, with or without hard labour, and, for a second and every subsequent offence, to imprisonment for a term not exceeding four months, with or without bard labour. (Similar punishment is provided kr an ac- cessory.) 4. Prosecutions for any offence under para- graph (c) of subsection one of this section (or under the same section provided for accessories) may be brought and carried on and a conviction had in the city, town, or other municipality, from which any intoxicating liquor is sent, shipped, brought or car- ried as aforesaid, or in the city, town or other muni- cipality to, or into which,. Such intoxicating liquor is so sent, shipped, brought or carried. 137. If it is proved upon oath before any judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace, or any magistrate having the power or authority of two or more justices of the peace, that there is reasonable cause to suspect that any in- toxicating liquor is kept for sale in violation'of Part II of this Act , - , or is stored, warehoused, or kept for delivery in any dwelling, house, store,• shop, warehouse, outhouse, garden, yard, croft, vessel, building; or other place or places, .such officer may grant a warrant to search such dwelling, store, shop; warehouse, outhouse, garden, yard, croft, vessel, building or other place or places, for such intoxicat- ing liquor., and if the same or any part thereof is there found, to bring the same before him, Proof 140. When in any house, shop, room or other place in any county or city in which Part II of this Act is in force, a bar, counter, beer pumps, . kegs ar any other appliances or preparations similar to • those usually found in taverns and shops where in- toxicating liquors are usually sold or trafficked in, are found, and intoxicating liquor is also deemed to have been kept for sale contrary to the provisions of Part II of this Act unless the contrary is proved by the defendant in any prosecution; and the oc- eupant of such house, shop, room or other place shall be taken conclusively to be the person who beeps therein such liquor for sale. 141. In proving the sale or barter or other unlawful disposal of liquor for the purpose • of any proceeding relative to any offence under this Act, it Shall not be necessary to show that any money act- ually passed or that any liquor was actually con= su reed, if the justices, magistrate or other officer o>c' court hearing the case is satisfied that a trans- aetion, in the nature of a sale or barter or other ltiilawful disposal, actually took place. Appeal Restricted - 149—(2). No appeal shall be allowed from any Lech conviction, judgment or order to any curt of general sessions or ether court whatsoever, if the Conviction has been made by a stipendiary /nag's. Irate, recorder, judgeof the sessions of the peace, police magistrate, sitting magistrate, or any magis- trate or officer having the power and authority of two or more justices of . the peace. Liquor Control Act Place Where Liquor May Be Kept 43—(1) Liquor may be kept, had, given or consumed by a person only in the residence in which he resides, except as otherwise provided by The Liquor Licence Act or this Act, or the regulations under this Act or that Act. (Penalty: not less than $10 and not more than $1,000 or imprisonment for a term of one month on first offence.) Prohibitions etc. • 69—(1) Except as provided by this Act, The Liquor Licence Act, or the regulations hereunder or thereunder, no person shall by himself, his clerk, servant or agent, expose, or keep for sale, or directly or indirectly or upon any pretence, or upon any device, sell or offer to sell liquor, or in consideration of the purchase or transfer of any property, or for any other consideration, or at the time of the trans- fer of any property, give liquor to any other person, (Penalty, first offence: imprisonment for not less than two months and not more than six months.) (2) Except as expressly provided by this Act or the regulations, no person shall have or keep any liquor that has not been purchased from a Govern- ment vendor or from a physician as provided by section 57. (Penalty, first offence: not less than $100 and not more than $1,000, or imprisonment for three months.) 78—(2) Any constable or other police officer Who finds liquor that in his opinion is had or kept by any person in violation of this Act or the regula- tions may, without laying any information or obtain- ing a warrant, forthwith seize and remove the liquor and the packages in which it is kept. 79—(1) Except as expressly provided by this Act or The Liquor Licence Act or the' regulations made under this Act or that Act, no person shall consume liquor in any place other than a residence. (Penalty, first offence: not less than $10 and not more than $500 or imprisonment for not more than thirty days.) (2) No person shall be in an intoxicated con- dition in a public place. (Penalty, first offence: not less than $10 and not more than $50 or imprison- ment for not more than thirty days.) 80—No person shall sell or supply liquor or permit liquor to be sold or supplied to any person under or apparently under the influence of liquor. (Penalty, first offence: not less than $10 and not more than $500 or imprisonment for not more than thirty days.) 81—(1) No person shall knowingly sell or sup- ply liquor to a person under the age of 21 years. (Penalty, first offence: imprisonment for not less than one' month and not more than three months.) (2) No liquor shall be sold to a person i who is apparently under the age of 21 years and in any prosecution for a violation of this subsection the justice shall determine from the appearance of such person and other relevant circumstance whether he is apparently under the age of 21 years. (Penalty, first offence: not less than $10 and not more than $500 or imprisonment for two months or thirty days or to both fine and imprisonment.) (3) No person under the age of 21 years shall apply for, attempt to purchase, purchase or other- wise obtain liquor. (Penalty as in (2) above.) 88—No person shall, (a): permit drunkenness to take place inany house or any premises of which he is the owner, tenant or occupant; or (b) permit or suffer any person apparently under the influence of liquor to consume any liquor in any house or on any premises of which the first named person is owner, tenant or occupant; or (c) give any liquor to any person apparently under the influence of liquor. (Penalty, first offence: not less than $10 and not more than $500 or im- prisonment for thirty days.) 89—(1) Except as authorized by this Act or The „Liquor Licence Act, no person, not holding a permit under this Act or the regulations entitling him so to do, shall have any liquor in his possession. (Penalty, first offence: not less than $100 and not more than $1,000, or to imprisonment for three . months,) 110. Any constable or -other police officer may arrest without warrant any person whom he finds committing an offence against this Act or the regulations. • 111. Any constable or other police officer, if he believes that liquor is unlawfully kept or had, or kept, or had for unlawful purposes, and is contained in any vehicle, motor car, automobile, vessel, boat, canoe, or conveyance of any description, or is un- lawfully kept or had, or kept or had for unlawful purposes, on the lands or person of any person, shall have power without warrant to search for such liquor wherever he may suspect it to be, and if need be, by force and may search the person him- self, and may seize and remove any liquor found and the packages in which the liquor is kept. 117. Where any information is given to any On - stable or other police officer that there is cause to suspect that a person is contravening any of the provisions of this Act or the regulations, it shall be his duty to make diligent inquiry into the truth of such information, and to enter complaint of such contravention before the proper court, without con= nlunicating the name of the person giving such in. formation, and it shall .be the duty of the Crown attorney within the county in which the offence is committed to attend to the prosecution of all cases submitted to him by a constable or by an officer 130. Upon the hearing of any charge of sell. ing or purchasing liquor or of unlawfully having or keeping , liquor contrary to this Act Or the regula• c tions, the justice trying the case shall have the right to draw inferences of fact from the kind and quail. , City of liquor found in the possession of the person accused, or in any building, premises, vehicle, motor car, automobile, vessel, boat, canoe, conveyance or place occupied or controlled by hint, and from the frequency withwhich the liquor is received thereat i or therein or s removed therefrom, and from the eiretimatances under which it is kept or dealt with. Broth.rs debate CTA4L.C;A Huron makes a choice • DON -- L,CA - ROBERT CTA One of four articles in which brothers Robert and .Don Southcott argue the issues involved in the November 30 referendum in Huron and Perth. 1, The acts and amendments By DON $OUTHCOTT At the outset let me say with sincerity that I do not desire to oppose such an august and re- spected group as the ministers of South Huron and those ac- tive laymen of their churches who are fighting to retain the CTA. These are people to whom the community has always looked for leadership and guid- ance. Their decisions are imper- • tant and I respect them as I know you do. To align oneself in the oppo- site camp to this body will be tantamount, to many people, to sport the horns of the devil and I, though perhaps deserving, don't seek •anxiously such a decor, But my convictions — and you are to judge them during this aeries — lead me afoul of the clerical view of what is best for the community and I must risk such stigma if I am to live with my conscience. I do so with the. faith that tolerance abounds, that democracy permits the freedom to disagree even with the clergy, and that our contro- versy may be indulged in with- out malice. As should be the case in all. matters which arise for public decision, the opposing forces must air their views ,as force- fully, and fairly, as possible. Then all of us must abide, con- , tent, with the majority decision, whatever it may be. This is the spirit in which these arguments will be presented. * * * Are amendments possible? I feel strongly that one impor- tant point must be clarifiied at the beginning of this series. On November 30, Huron and Perth will not vote on the CTA with amendments. We will make a decision on the CTA as it has stood since 1927. There will be six words on our ballots: "For the Revocation" and "Against the Revocation" You and. I will vote "for" or "against" the repeal of the CTA and nothing else. I make this point principally because of the resolutionpassed last week by the South Huron Ministerial Association support- ing the CTA "with the possibili- ties and probabilities of amend- ments." This reference to amendments, sincere as it may be, confuses the issue, particu- 1 a r 1 y since it appears to be a major argumeiit of the 'pro -CTA aide. From the information I have received from law y e r s, I must challenge "the possibilities and probabilities 'of amend- ments." llere is what the lawyers tell me: Liquor legislation comes under the jurisdiction of the pro- vinces under that section of the British North American Act de- legating to provincial govern - merits Complete jurisdiction over property and civil rights, except in cases of national emergency. The ,federal gov't passed the CTA at a time when the liquor problem was considered a na- tional crisis. This national emergency, ob- viously, no longer exists. Pro-.• vincial liquor legislation is in force in all 10 provinces. It therefore goes without saying that the federal government would not further amend any le- gislation passed under these con- ditions when such conditions have long since ceased to exist. Would govt tamper? But put legalities aside: let's be practical, Why would the fe- deral government, now almost entirely out of the liquor field, risk political controversy by tampering with an act which pro- vides within itself the .means to revoke it if it does not meet the approval of the'people? If the CTA•with-amendments proposal could be taken serious- ly, I suggest to you it would make a shambles of your deei- siori oh November 30. You could —Please turn to page 5 • Sy ROBERT SOUTHCOTT This is a new rile for me and I hesitate to even attempt to match what literary skill might be mine against the excellent editor of this paper — my bro- ther, However, the editorial stand has been for the revoca- tion (repeal) of the Canada Tem- perance Act, In this we disagree. Now I think it is simply not good enough to say the CTA Is old legislation — let's throw it out. We should look at what we get if we do, and then, having studied both sides of the question, vote on it intelligent- ly. So, having been challenged .to say my piece, here it is, We shall try not to be narrow in our thinking or critical, neither shall we be casual or silent. In the announcement last week this writer was referred to as a teetotaller while Don admitted to the personal use of alcoholic beverages. This, of course, was written in a jocular vein but nevertheless people unconscious- ly line up on one side of the fence or the other. This is not a question of "wets" and "drys." The issues are indeed important and should be thought out care- fully and in an unbiased way ir- respective of our views on beve- rage alcohol. Both acts restrictive Huron Presbytery Men drafted the suggested amendments to the Canada Temperance Act. In working with them there has been the opportunity to study both it and the Liquor Control Act over the past two years. Both are restrictive — but in a different way and in my opinion herein lies the big difference and that Which is very import- ant to consider. The LCA restricts where you can drink. This is an important fact and one that we must be fair about and admit is lacking in the CTA. The CTA is restrictive in that it restricts sales. Unlike the LCA which provides liquor stores, brewers' retail stores, beverage rooms (for both men and women), cocktail lounges and cocktail bars to name some of the types of outlets the CTA provides but one. Some may ar- gue that bringing in alcoholic beverage by common carrier is nonsensical but the results of increased outlets are worth studying. Last week, The T -A carried the statement that the CTA was supposed to eliminate drinking entirely. This is not correct. Studies conducted by the Alco- holism Research Foundation in- dicate overwhelmingly that pro- hibition is no solution nor did the framers of the CTA think so. It is restrictive, yes, but pro- hibitive, no. Why restrict sales? Increased outlets can be equated with increased sales. On March 3 of this year the London Free Press reported that Premier Frost, in admitting On- tario's liquor bill last year of $150 million was of staggering proportion, said in the Legisla- ture perhaps it was time the people turned to greater physi- cal fitness and indulged in less drinking. In view of the fact that in 1957 the government pocketed $56 million in taxes, in '58 $66 million and now recent - 1y announced $76 million in the fiscal year all of us can heartily agree with our premier. At one time the Liquor Con- trol Board showed discrimination inthe number of people re- ceiving licenses but in its shift in accent to one of promotion — more outlets, more consumer trade — our spiralling incomes enabled us to take advantage of the opening of cocktail bars, etc. What does it mean? Increased sales in e a n in- creased drunken -nese arid with increased drunken-ness there has been an increase in high- -Please turn • to page 7 orfje Exeter Ximegltabacate Times Established 1e73 Advocate Established tail ' Amalgamated 1924 u ►e<. Published Each Thursday Morning at Stratford, Ont. Authorised as Second Class Mail, Past Office Dap'f, Ottawa AWARDS — 1t, E. RIO Trophy, best spat new* picture (CAnadi), 1959; Frank Howe Beattie Shield, best front page (Canada), 1957; A. V. Nolan Trophy, general ekceilince for niWspapers published in Ontario towns between 1,500 And 4;500 population, 1956, 1951, 1950 J, George Jehnsten Trophy, typographical excellence (Ontario), 1957; Er T. Stephinian Trophy, best front page (Ontario), 1956, 1955; . Alt -Canada insurance Federation national safety award, 1955; ItJESCftIPTION RATES: +ranadt $4.00 Per Yaw USA SS 00 Paid-in+Advance Circulation, March I, 19S9 — 3460 SIGNS of the TIMES * Showcards * Truck Lettering * Outdoor Signs DON WEBSTER • ANNE STREET (Behind White's Ice Cream Bar) 0 Buy Them Now; Christmas Greeting Cards Feature Assortment 50 for 911¢ Children's Boxes 79¢ Deluxe Sparklers 12 for $1.50 Boxed Assortment $1.25 to $2.00 25 of one card in a box Photo Greeting Cards FOLDER WITH SNAPSHOT ENCLOSED Black & White 25 for $3.50 50 for $6.50 100 for $12 Color 15 for $6.00 25 for $9.00 50 for $17,50 PHOTO PRINTED ON CARD 25 for $2.25 50 for $5.00 100 for $9.50 Envelopes- Included DRUGSTORE 11 UNTLETS "R EXETER rl D. Phone 50 io GUARANTEED TRUST CERTIFICATES 0 • issued in amounts from $100 upwards for 1-5 years. • earn 6% interest, payable half - yearly by cheque. • authorized investment for all Canadian Insurance Companies and trust funds. YOUR MONEY DOUBLES ITSELF IN 1;1 YEARSI THE STERLING TRUSTS CORPORATION 372 Bay 5t., 35 Dunlop St., Toronto barrio pwwnemcalmeuuutttttt iunmuummmumnnunmunmmtttW umuunmoimtuununutnrnnnn. 5 Proclamation WHEREAS the Government of Canada has by statute designated Wednesday, November 11, as Remembrance Day AND WHEREAS it is desirable, in view of the trying times through which we are passing and the need for remembering those who fought and sacrificed in World Wars I and Il, that we should observe Remembrance Day on Wednesday, Novem- ber 11; THEREFORE by the authority vested in nye by the Council of the Town of Exeter, I hereby call uponall the citizens of Exeter to duly observe Remembrance Day as a Public Holiday And that this day be dedicated to those men and women who so nobly paid the supreme that we might be free, sacrifice IIt E, POOLEl7, Mayor 461lwiiiwleMMi0iYiiftimilNiil,WwiMiiiiMiiiitlhulni'iitMoiliiiM SYYYlniui➢miY1iYYitlYtiilliiPYiYW tii'iIe