RACING CLUBS AND TOTALISATORS.

Dominion, Volume 1, Issue 30, 30 October 1907, Page 9

RACING CLUBS AND TOTALISATORS.

AN IMPORTANT.CASE.' ' [BY TELEGRAPH.—OWN CORHESI'ONDENT.] Auckland, October 29.' A prosecution having wide interestthroughout the Dominion was instituted yesterday against the Avondalo Jockey Club and- its secretary (Mr. Harry Hayr;. The charges were laid under the Gamingand Lot teries Act, in respect of the clause that prohibits more than three totalisators being used at'a race, meeting at-one time! Though in force sineo 1881 it transpired that the Act has been ho"ourod more in the breach than the obscrvauca', both here and elsewhere. ISvidontly it is intended to enforce the Act. so racing clubs in all centres will note with interest tho ruling of Mr. Kettle, S.M., an 1 the arguments .that preceded his judgment. Mr; S. Mays appeared for the Crown Solicitor and air. A. 'Hanna for defendants. Specifically the latter were charged witii using three totalisators in excess of the lcgil number at their September meeting .

'Mr. Hanna explained to His Worship that he had'arranged with Mr. ;Tole (Crown Prosecutor) that three of tho alternative-charges agaiust tho club and : tho three charges agajnst Mr. Hayr, should be withdrawn, an,! that a plea of guilty would be. entered n connection ; with the threo remaining charges, cnoso ot using six machines on each day i,i stead of three. .Mr. Hanna thon'wciit.-ou ; o explain that during the whole period of its oxistenco (2U years) the Ayondale Club had consistently used the machines as at present,, while the Auckland. Club had between eleven and twelve machines in use and no previous objection had been taken. Mr. Kettle: How is that? . -~.'.. . . Mr. Hanna: Well, your- Worship, it seems to have a rule more honoured in the' breach than in tho observance, but although no restriction has been observed as to tho number of machines, there is yet only one common poof with ono grand total, and only omdividend declared. Mr. Kettle: Do you argue then that there is only one machine?

Mr. Hanna: That is practically the view that has he'en 1 taken of it. So long as only oiie dividend is declared it has been eon sidored that there is only one machine, and with'tho number of machines investors can ceo better what they are doing. That has been the difficulty in Wellington and Christcnurch where they have only one big machine and it has been found that numbers have been rung oii after, the race has been actually won and lost. Hero the public can see ami approximate the dividends ,and no complains whatever have been heard; Iu the south, on the other hand, complaints aro frequent as can be'suen <>y .the daily newspapers Mr. Hanna thou went on to complain j| what he termed was the somewhat unfair position in which the Avondalo Club had bee] placed in connection with the present prosecutions; The first day of the. meeting was on September, 21, and it was only on September 19 that notification was received from Inspector Cullon that ho had received instructions to warn the club agaiust'more thai the. three .machines. All arrangements had by that time been made for the meeting. Mr. Kettle: This, matter of the machines 's new to me. Nothing has come to me about nioro machinos', being in use than the litvv allowed. ; '. ' ' v' /

Mr. Hanna: No, • sir. .' Very few ovca among racing, men know anything about it, but' upon going into the matter with Mr. Hayr last week; I found that there was little doubt breaches of the Act had been committed as a matter of fact. As time has gone on it seems to have been thought that the authorities had regarded, the one-dividend-one-macliino view as the rational one.

Air. Kettle: With regard to your argument of insufficient notico, I see that no notice is necessary. : ; . ■ Mr. Hanna: No,, not. technically, but 1 submit, sir, that uiider ; t-io circumstances, seeing that- the club has ;becn allowed tq go ■on for so many years, your Worship might sec your way "to dismiss the inforriiation. The eliib has .to advertise by, law. Months before the meeting it has to make its arrangements and fix the stakes, which would bo considerably affected by the reduction in the numbpr- of machines, and in fact the elub.'s whole programme would ho seriously disarranged right on the eve of the meeting. Mr. Mays blinded in'.communications that had passed between' the Department ,of Justice, the Inspector of Police, and the defendant club prior to the September meeting. Keferring to the club's profits on the totalisator for the three days of that meeting, he said that £24,177 had passed through the machines ,of which, on tho.ton per cent, basis, £2410, less sundry charges, went to itbo club. : ... Mr. Hanna interjected to'remark that in reason throe months' notice would bo required before the commencement of the rac-ing-season to' givo the club fair time ,to alter its arrangements. Mr. Kettlo: Well, you had better bring sonic evidence to establish the fact. _ Ml;. I-layr explained that all stakes were fixed at tiie beginning of the season, the end of July or beginning of August,, and that the full percentage of totalisator profits had to go towards the stakes. Mr. Kettle: Your contemplated revenue? No, sir. Under the rules the. profits of one year go towards the stakes of the fol lowing one. Mr. Manna: Would a reduction of the machines reduce the totalisator revenue? Undoubtedly. • • • "• . Mr. Mays: If you base your stakes on the last year's racing how would it affect this year? Well, the effect might not be felt so much this year, but it would affect next, year's stakes. > .' Mr. Mays: It is then mainly for the con venience of investors and for the improvement of the club revenue? V( - s - „ His Worship, in deciding, said that in view of the circumstances that the breaches if

the law had apparently been allowed to go on without any .steps being taken to prevent them, and as notice was received from the authorities so near the meeting as -to make, it difficult to alter their arrangements, he considered that the ends of Justice wou-J he served by entering a conviction against the club ,aml ordering the defendants '.o pay costs. Of course ,iu future, defections I'i'om the law would be treated with great ;r severity. The necessity of conforming with the requirements of the law would probably impress itself upon racing organisations through the present case, the lapse havini evidently been' largely' owing to the wnv matters had been' allowed to drift without check.

Mr. Hiiniia' remarked that alreadr Mr. Hayr had received instructions from the Auckland Club to reduce the number of mac : bines to the legal limit, while at the trotting meeting last Saturday only three machines were in use, thus showing that racing clubs did not wish wilfully to' contravene, tho conditions imposed by statute.