LEGAL OR ILLEGAL?

Dominion, Volume 10, Issue 2983, 22 January 1917, Page 4

LEGAL OR ILLEGAL?

'A SUNDAY TRADING CASK, A test case of some interest; was heard by Mr. S. E. M'CarUiy, S.M., on Saturday morning, when. Roland Gates, proprietor of the "American. Lounge," in Willis Street, was charged with keeping his shop open for trading purposes on a Sunday. Ho pleaded: not guilty, and was defended by Mrw A. L. S'alek.

Inspector Hendrey prosecuted. _ 'After describing the defondant'sbusiness, which is that of a vendor of ice-cream, sofo. drinks, otc, ho explained that; Gates had kept his lounge open on a. Sunday, and that two members of tho police force who entered and seated themselves at one of the tables were served with drinks. On the premises at the time thero were about a dozen other customers, who wore also having drinks or ice-cream. Tho police decided to take proceedings, but if His Worship found that an offence had been committed, a penalty would not bo asked for in tho present caso,_ since the class oF business engaged in by the defendant on the Sunday in question had been formerly permitted to go' on.

The 'Act under which' the caso was brought provides that notliiug therein shall apply to "works of necessity or charity." Mr. Salek's defence, consisted in an endeavour to demonstrate!' that defendant's business was a work of necessity, and might in conseqeunce be legally carried on on a Sunday. Even the police, he said, were doubtful as to whether the case was one tfiati required attention. The construction: to bo nut on the words "works of necessity" should be a liberal one, so as to coincide with popular usace. Swell n.' place as that kept by the defendant was a very convenient resort on a Sunday, as many people preferred not to go to hotels, and the restaurants did not onen till 6 p.m. In a sonse, very few things were strictly necessary, and such conveniences as haths, tramears, etc., could bn done without on Sundays. He finally submitted that, in view of tho requirements of Weltinpton as a. military centre, and of the fact that until evening no nlnccs other than the lounges supplied light refreshments, judgment should he for the defendant. His Worshin reserved his decision.