CO882-(8-9) — Page 695

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

146

furnished to you in respect of each of these allegations, and I gather from your replies that you regard the information as satisfactory.

15. In paragraph 16 (c) the Memorialists aver that "Government have forced drink on an unwilling people, and have permitted a belief to rise in the minds of the ignorant villagers that the Government of the Colony is linked to the liquor traffic"

No evidence which can be subjected to the test of examination has been adduced in support of this statement, and it is, in my opinion, regrettable that in a matter of this importance the Low Country Products Association should have recourse to vague charges, which, owing to their generality, are not susceptible of disproof.

16. The allegation is again made that Government made over a portion of the village burial ground at Kalleliya, in the Hapitigam Korale, as a site for a toddy tavern. This allegation has already been explicitly denied in paragraph 7 of the Excise Commissioner's report of the 14th October, 1912, a copy of which was enclosed in Sir Henry McCallum's despatch, No. 633, of 17th October, 1912.*

17. With reference to the site at Pambala, in the Chilaw District, to which reference is also made in paragraph 16 (c) of the Memorial, I would refer you to the same paragraph in the Excise Commissioner's report mentioned in the preceding paragraph, in which it is stated that “a site on Crown land at Pambala was allowed as the renter found it impossible to secure a site on private land, but Pambala is a village where fermented toddy has always been in good demand."

As regards the allegation that at Madampe, in the Chilaw District, the Muhandiram surrendered his garden for the erection of a toddy tavern, I have given instructions that enquiry should be made; a copy of the report on the subject will be forwarded to you in due course.

19.

The affidavit of Mr. Victor Corea, of Chilaw, referred to in paragraph 17 of the present Memorial, formed Appendix II. to the statement addressed to you by the Excise Memorial Committee, forwarded with Sir Henry McCallum's despatch, No. 633, of the 17th October, 1912.* In paragraph 4 thereof, Sir Henry McCallum commented on the inaccurate and misleading character of the statements made in the affidavit.

I

20. The statements regarding the opening of toddy shops in the Province of Sabaragamuwa are repeated in the present Memorial. On this point, I invite reference to paragraph & of the Excise Commissioner's report, a copy of which was enclosed in Sir Henry McCallum's despatch, No. 633, of the 17th October, 1912.* will report later with regard to the sale of rent for the Kuruwita Korale, as to which I am making further enquiries. It appears that the Government Agent ordered the re-sale of the rents because the renter failed to open more than two shops, a number clearly insufficient to meet the needs of the district, but that the decision to re-sell was subsequently cancelled, as the renter decided to open additional taverns. I may add that the Government Agent has been instructed to strike off the list all taverns which were reported not to pay.

21. The statement that toddy shops create a demand where none previously existed is repeated in paragraph 19 of the present Memorial, and the case of Muna- gama in the Kalutara District is instanced. This case was reported on by the Excise Commissioner in paragraph 5 of his report a copy of which was enclosed in Sir Henry McCallum's despatch, No. 633, of the 17th October, 1912,* and it was shown that the statements made by Mr. C. E. A. Dias were incorrect.

}

22. The allegation that "toddy shops have given rise to an increase in drunken- ness is one that has been made on several occasions, but enquiry in each case has shown the statement to be ill-founded.

23. The case referred to in the extract from the judgment of the District Judge, Kandy, quoted in paragraph 20 of the Memorial, has already been fully in- vestigated. The District Judge is unfortunately addicted to making statements for which he has no sufficient warrant, and, in point of fact, in the case in question there was little evidence to connect the crime with toddy-drinking. Even, however, if the crime could be traced to the influence of toddy, it does not follow that the liquor was obtained from an established tavern. It is true that there are two taverns in the neighbourhood of the estate, one a mile away, and the other four miles away on the other boundary of the estate, but there is no evidence that the accused had been drinking toddy which was obtained from either of these taverns; it may just as easily have been obtained from a place on the estate where the Superintendent admits

• No. 7.

117

arrack and toddy are sold illicitly. This place the Excise Commissioner is, of course, taking steps to suppress.

24.

With reference to paragraph 21 of the Memorial, enquiry has been made into a newspaper report that three murders in Chilaw were committed by persons intoxicated by toddy, and the Assistant Government Agent reports as follows:---

25.

"1. The newspaper report in question is incorrect. The fact is that fer- mented toddy played no part in the crimes referred to.

2. In the Rajakadaluwa case both parties had been drinking arrack. The nearest toddy tavern is about a quarter mile from the scene of the shooting. The deceased was accused's father-in-law.

"3. In the Chilaw case the accused drank arrack to nerve himself for the crime. The victim was his wife. The nearest toddy tavern is one half mile distant from the scene of the murder.

4. In the Wennappuwa case the deceased had been drinking arrack. The nearest toddy tavern is about quarter mile distant. This homicide also was the outcome of a family quarrel.

5. In all three cases the arrack consumed appears to have been obtained from the local arrack taverns.'

"

As regards the alleged drunkenness of coolies in the Badulla district, you will see from Mr. Horsburgh's report that investigations have been made, and that the Government Analyst has reported that the toddy sold in the taverns is practically unable to produce the alleged effects. Enquiry made by the Assistant Commissioner of Excise in the Matale District has revealed no evidence in support of the statement that drunkenness there is due to the establishment of toddy taverns.

26. Paragraph 22 of the Memorial relates to the establishment of Advisory Committees. The Association state that "it would seem then that no opportunity will ever be offered to the public to express their views as regards the location or necessity of the majority of those toddy shops which were established by Government this year (1912)." The Association are under a misapprehension in this respect, as it has been provided in the Rules relating to Advisory Committees that, quite apart from the establishment of new taverns, it shall be the duty of the Committees to advise as to the closing of existing taverns or transferring an existing tavern from one locality or area to another locality or area. Ample opportunity has in fact been given in the new rules for the due expression of the views of the inhabitants of a locality as to the tavern facilities which are necessary.

27. You are aware of the reasons which made it necessary for the arrack and toddy rents for the next financial period (beginning in July, 1913) to be sold before the new rules relating to Advisory Committees had been considered by the Legis- lative Council. It was with reluctance that Sir Henry McCallum and the members of the Executive Council came to the conclusion that introduction of the new system under the rules, in time to consider the above rents and changes in the tavern lists, was quite impossible because of the late date at which the final decision in the matter had been reached. While, however, it was impossible immediately to give literal effect to the decision, its spirit has been scrupulously observed, and instructions were, as you are aware, issued to Government Agents to the effect that they should begin the consultation of local opinion without delay. This instruction was carefully followed.

28. The Memorialists are again mistaken when they appear to anticipate in paragraphs 21 and 22 that the advice of the Committees will not be sought with regard to foreign liquor shops. Under the proposed rules the Advisory Committees will have similar functions as regards foreign liquor shops to those which they will exercise in connection with arrack and toddy taverns. A copy of the rules" on the subject of Advisory Committees, as revised by a Select Committee of the Legislative Council, is enclosed for convenience of reference. The rules are, of course, subject to further revision by the Legislative Council when the Select Committee presents its report.

20. At the end of Appendix 4 to the Memorial there is printed a copy of a letter, purporting to express the views of Mr. Joseph Malcolmson, a member of the Friends' Foreign Mission Association and a resident in the Natal District, in which it is stated that the Excise Ordinance" practically establishes a toddy shop in every village," and that the Ordinance was forced through the Legislative Council of

• Not reprinted.

88457

KJ

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO