The Sun.
London, England, 1830-01-12 00:00:00

THE BEER MONOPOLY.

LETTER FROM LORD GODERICII TO THE RETAIL arcewras.
We learn that some correspondence has taken
pace with the Lords of the Treasury and several
members of the Legislature, on the subject of the
severe proceedings which have been taken against
the retail brewers in several parts of the Metropolis,
and in those towns ►wherever Magistrates can be
found to construe the law against them. It is anti-
cipated, in consequence, that application will next
Session be made to Parliament for the better pro-
tection of the partial free-trade into which upwards
of one thousand small brewers have embarked under
the sanction of the Legislature.
Several Magistrates have held, upon the words
of the sth Geo. IV., cap. Si, that allowing excise-
able liquors to be drunk in the front and outside of
the house, the purchaser standing on the public
highway, to be drinking " in the house or pre-
mises," and have convicted the parties as offenders
against the Act. Other Magistrates have held
entirely opposite opinion ; and have considered that
since it ►was clearly lass ful for persons in the front of
the retail brewer's to receive the liquor in a vessel,
and convey it away, it was equally lawful for any
one to drink the beer from the premises, and convey
it away in his person. Others again have held that
the Commissioners of the Excise have the sole
jurisdiction over the retail brewers, and that the
Magistrates neither have, nor ought to have, any
controul over them. But, as there is scarcely a dis-
trict in which a Magistrate is not to be found to be
of an opposite opinion, and ready to convict upon it,
there is scarcely one district in ►which the trade of
the retail brewers has not been subjected to grie-
vous interruptions.
On these grounds, and several others, the retail
brewers have applied to the Lords of the Treasury;
their Lordships collectively have yet only given an
answer on the legal question, with respect to which
they state in effect that they cannot interfere with
any interpretation of the law in this case, or give
relief against it, ►where it is adverse. The senti-
ments of individual Members of the Legislature are
known to be highly favourable to the extension of a
free trade in beer and the retail brewers. Applica-
tion has since been made to Lord Goderich by the
retail brewers in the Metropolis, to know whether
such a construction as that put upon the sth
Geo. IV., cap. 54, had for a moment been contem-
plated by those who passed the Act. The follow-
ing is a copy of his Lordship's answer :
" Sir,—l beg leave to acknowledge your letter of
the 23d ult., upon the subject of certain grievances
to which retail brewers are liable, under the Act of
the 9th Geo. IV., c. 61, and enclosing a corre-
spondence which has passed between them and the
Treasury.
" There can be no doubt that, if that Act is so
construed as to apply to retail brewers selling beer,
to be drunk outside of their premises, by persons
casually passing by, they ►will be subjected to a very
great hardship, and one never contemplated by the
Act by which retail breweries were allowed. It
was always considered by the framers of that Act,
that the advantages to be derived from its operation
would not be confined to the mere facility of
supplying beer consumed elsewhere than on the pre-
mises; it was deemed a matter of considerable im-
portance to the public at large, and, at the same
time, beneficial to the revenue, that a casual passer-
by might obtain his pot of beer at a retail brewery,
without exposing the seller to a penalty, provided it
►was not drunk upon the premises; or, in other
words, provided the retail brewery were not con-
♦erted into a regular tippling-house. The words
by which the restriction is imposed upon the retail
breweries are very comprehensive and specific ; but
I cannot apprehend how, under those words, a
penalty is incurred, if a passenger asks for a pot of
porter, and drinks it at the door of the house; an
object which the Act itself ►was intended to facilitate.
If, therefore, they are liable to a penalty at the suit
of the common informer for so permitting beer to be
drunk at their doors, it must be under the subse-
quent Act of the 9th Geo. IV., c. 61, which was
passed for perfectly different purposes, and the
framers of which I have no doubt, never adverted at
all to the Act allowing retail breweries. It is clear
to me that, if the retail brewer have, in the case
supposed, become liable to a penalty, it has been in
consequence of the application to them of a subse-
quent law, which had no direct reference to them,
and which makes that illegal which previously was
conformable to law. This is a great hardship, and
has an obvious tendency to ruin the retail brewers,
and to put an end to the system ►chich, if properly
managed and duly extended, would prove, I am
convinced, useful to the public and beneficial to the

revenue.
" I fear that the Treasury can give no immediate
relief, if the law is as it is now acted upon by the
Magistrates ; but I should recommend you to seek
an interview with the Chancellor of the Exchequer,
and explain your case to him by word of mouth,
and I should hope that lie might find it expedient
and practicable to make, next Session, some altera-
tion in the law, which may relieve you from the
grievances of which you complain.
" I am sorry that, being out of town, and not
likely to return for some time, I cannot see the re-
tail brewers upon this subject ; but I have stated
in this letter as much as I could have done in a
personal conference.—l am, Sir, your obedient
humble servant,

~ GODERICH."

AWFUL NEWS.—The Stockport Advertiser
of Friday last announces that GEORGE BROMLY.Y, a calico-
printer of that town, one day last week fell down DEAD,
and instantly expired 1-31aecle4field Courier.

•
At:TALT! OF Arr-sTut-K"-
A mysterious occurrence
• • eat in the immediate ricinite *i
public-house kept by a widow, 'Airtier.-7:4004,
!Nit. West, surgeon, was suddenly
servant girl, aged fifteen years, in the house, whose
he found suffering under the effects of poison. Re-
medial means were successfully adopted ; and after
the poor creature had a little recovered from her ill-
ness and fright, she related the following story :
" About eight o'clock in the morning, while oc-
cupied with the household duties usual at that
period, her mistress, the only person residing in the
house besides herself, not having yet risen, a man
dressed in a fustian jacket, and wearing top-boots,
came into the house and asked for a gill of ale.
This she procured him, and he paid for it. He
next askee. her where her mistress was. She said
she had not yet come down stairs. 'I he man then
took from a breakfast tin which he bad with him,
a cup, and asked her for some warm water.
having been furnished with this, he put into it
a sort of powder which he tcok out of the
same tin, where he appeared to hare several
more wrapped up in paper in a similar way,
and asked her to drink it, which she refused, ear
ing she was poorly and had an objection to it. Im-
mediately upon this, as the girl states, he took out
a knife and swore be would cut her Cu-oat if she
did not drink it ! He then seized violently hold of
her, got her down with her head between his knees,
and compelled her to swallow the contents of the
cup. She was preven ed from crying out for
,ass
'listener, she says, by the fellow stopping her mouth.
Just at this period a female, a neighbour, came into.
the house, who states that when she entered she
saw the girl lying on the floor, and the man standing
near. He immediately made off across Suddaby's
field towards the Beverley road. Before quitting
the premises he put the cup, and the paper in which
the powder had been contained, into his pocket.
Mr. West states that he had no doubt, from flit
symptoms he observed, that the ingredients taken
into the stomach were of a poisonous nature, but
that they were in too small quantities, or too much
diluted, to affect her life. The girl says the mix-
ture tasted extremely bitter. The man has riot since
been heard of, although the police, acting on the
description given of the offender, have been since
the event using every means to trace him."—Shef-
field Mercury.