Sunday Football.

Hokitika Guardian, 16 June 1922, Page 2

Sunday Football.

i vsteidaj at Keel ton the police Diougln- against the inangaliua Uugby siiii-iiinon a charge mat on -May 2isi in vie., or a public place, to wit, Cramplon Hoad it did keep open a racecourse i.,r tiic pm pose oi transacting business laerein. contrary to Section 17 oi the ioi ice uliences .vet. Senior Sergeant Alev.army appeared for tin* police and Air H.'B. La writ* represented the defendants. 'the .Magistrate. - Air Aieldruni dismissed the information, holding that Sunday play and the talcing of voluntary contributions are not illegal, as the case does not come under Section 17 of the Police Offices Act, as no private profits resulted. Senior Sergeant .McCarthy said the facts were admitted, and the matter was solely one for the .Magistrate’s decision. The Submiion. which ionsisted of lour teams had for some time been* having 1 practice plav on the llaceeourse on Sunday. and line of the officials received voiuutarj' contributions. Evidence was given by Sergeant T). Hyland, Air I’. Cullen (sub-union treasurer). who stated bow the proceeds were spent. Nobody was asked to give. Last year the gates averaged £5 os. Last year’s income was "£ll3. of which £75 came from Sunday games. The latter were an established custom.

Air l.awrie said Section 17 aimed at trade, not spol't.

Tbe Aiagistrate said there was no charge filed, the money went entirely to the sport, and nobody made personal esc of any takings. The question was whether defendants kept open the grounds “for the purpose of transacting business therein.” There was no law in fore** in New Zealand preventing football bein'* clayed on. Sunday as sport or recreation. “Business.” according* to Lord Salisbury meant practically anything which was an occupation, as distinguished from pleasure, and “an occupation” was to be understood in the sense of “means of livelihood.” 'Defendants plaved their match within view of a public place, but to bring the case within Section 17 it must bo shown that the ground was kept open “for the purpose of doing business.” It was well-known that football as played under Rueby li.uir.n rules was entirely amateur. All moneys received by Rugby Unions were solely devoted to the game, as in this ease. Tbe games vvo"ld have been played whether tbe public* attended or not. and whether tliev paid any money on entering or not. Such being tbe ease, there had been no breach of the section, and the information was dismissed.