SUNDAY GOLF

Dominion, Volume 10, Issue 2942, 30 November 1916, Page 7

SUNDAY GOLF

A TEST CASE

BREACH OF THE BY-LAWS

Before Mr. S. E. M'Carthy, S.M., in tho Magistrate's Court yesterday afternoon, an interesting case relating to tbo playing of golf on Sunday on the Municipal Links was taken. William Whitehead was charged with a breach of tho by-laws in tiiat ho played golf on tho Municipal Links on Sunday, October 29. Mr. J. O'Shea, City Solicitor, prosecuted, and Mr. J. J. M'Grnth appeared for Whitehead. Mr. O'Shea, in a brief opening statement, said that the Town Belt was vested in tho City Council, and .the links wore on the Town' Bolt. A recent by-law mado by tho city authorities prohibited tho playing of golf on Sunday, and defendant was charged with a breach of this by-law. Iteginal Thomas Hollis, caretaker of tho Municipal Links, said he saw tho dofondant playing golf on tho Sunday in question. Defendant was warned to desist, but continued playing. In crossexamination witness said Whitehead was a. well-known golfer, and was mainly responsible fgr the formation of tho links. Before tho passing of the new by-law it was customary for players to play on the Municipal Links on a Sunday. Golf was played on Sunday on practically all the links around the city and in tho suburbs. Business men and men/ generally played golf on Sundays more than on any othor day in tho week. Tho passing of the new bylaw was tho result of a deputation of Presbyterians waiting on the council iiii protest. From tho point of view of health golf was one of tho best games, particularly for middle-aged men. It was like cross-country walking, not very strenuous. Ho had not hoard of any objection to golf on Sunday except from those who waited on the council. Tho Municipal Links wero within reach of every one. There wero three charitable institutions near the links, viz., the Levin Home, the Homo for Incurables, and tho Presbyterian Orphanage, and no complaints had been' received from tho -two formor. 'He did not; think Sunday golf would moderniso the morals of anyone. Mr. Whitehead, tho defendant,. said ho had beea playing golf for about' 17 or 18 years. Ho admitted having deliberately played golf on tho Sunday in question in order to have tho validity of the by-law tested. He, acted upon legal advice in'deliberately committing the breach. ' The evidence recently given by Dr. Cameron, on the subject and published in the Press was put in and accepted. Mr. J. J. M'Grath, in addressing the Bench, said there was no dispute as to the facts —tho question at issuo was the validity of the by-law. Tho council claimed to mako by-laws under the' Municipal Corporations Act, and uiider this authority they have made a bylaw prohibiting the playing of the game on Sunday. Section 317 of the Municipal 'Corporations' Act provides that a by-law shall not be made that was manifestly repugnant to the laws of New Zealand, and he contended that it was repugnant. It was perfectly lawful to play games on Sunday, lie quoted authorities as to the reasonableness of a by-law, and ho contended, that this by-law was partial and unequal, and he went further and maintained that it was an unjustifiable interference with the liberty of the subject or at any rate with the 2100 persons who petitioned the .council in favour of Sunday golf. Tho .game gave no offence, it was a quiet, healthful recreation, and tljo by-law was unnecessary. Golf was played on Sunday on the links throughout New Zealand, and some very moral people played tho game on Sunday. .Mr. J. O'Shea said tho cotmcil had power 'to make regulations with respect to its reserves, and tho power to mako by-laws is given the council iii Section 344 of tho Municipal Corporations Act, and Section 29 of he Public Reserves Act gave power to prohibit the playing of games on reserves. Ho argued that if the council could prohibit tho playing of a game altogether, it surely had the power to prohibit play on certain days. Ho said there wero sound reasons for this by-law. The Town Belt is open to tho public, and it was considered that tho public was entitled to tho freo and uninterrupted use of tho Town Belt, which wa6 extensively used by the public on Sunday. Golf was therefore prohibited. He quoted authorities in support of his contention that tho by-law was necessary and valid. The Magistrate reserved his decision.