"NOT TIPPING” SAYS MAGISTRATE

Shannon News, 26 June 1923, Page 3

"NOT TIPPING” SAYS MAGISTRATE

CASE AGAINST PALMERSTON ".TIMES” DISMISSED. SPORTING ARTICLES INDICATED FORM, NOT RESULTS; LIBERTY OF THE PRESS.

1 “I have carefully perused, the article which is the foundation for the prosecutions, and in my opinion the words complained of in no case give advice as to the probable result of the horse races, if section 30 bears tiie construction I have placed upon it. The article certainly gives some imlicaltion that certain horses are hi, form and may run prominently but in my opinion the language used fails short of giving advice as to the probable result of the races,” safd Mr. J. L. Stout, S.M., in dismissing the informations against Robert H. Billens, as editor of the “Manawatu Daily Times” yesterday, tin the important test ease laid under Section 30 of the Gaming Act. The defendant was charged under eight separate informations that he did publish a newspaper which contained advice as to the probable result of

each of the eight races run at the Feilding Jockey Club’s meeting ,on March 31, 1923, contrary to the form of the Statute in such case made and provided. The statutory provision relied upon was Section 30 (1) of the Gaming Act, 1908. There was no dispute as to the facts, the advice complained of appearing in the coiuihns of /the “Manawatu Daily Times” on March 31. INTERESTING POINT. In giving his decision, the Magistrate read the racing comm'ents made by the sporting writer of the “Manawatu Daily Times,” and, said it was interesting to note that of the sixteen horses named in the article, twelve started in races, and secured two firsts, three seconds, and two thirds; five being unplaced. "Section 30 (1) of the Gaming Act 1908, makes every person liab.e to a fine not exceeding £2O who publishes a newsprint which contains any information, advice or suggestion as to' the probable result of a horse race to be run, whether in or out of New Zealand. , “The section must be considered remedial and must receive such fail*, large and liberial construction and interpretation as will best assure the attainment of the object of the Act, according to it’s true intent . meaning and spirit. “It should, however, be borne in mind that the Statute is a penal one and it should also be borne in mind that the liberty of the Press to comment on public matters should not be curtailed except by express words. A LEGITIMATE SPORT.

“In connection it is important to note that racing is a legitimate sport which has legislative sanction and also that gambling on horse races is similarlyrecognised so long as it is done through the medium of the totalisator on the race course and not through bookmakers. These facts must be borne in mind when considering the objects of the Act. DEFINITION OF “RESULT.” “The whole question, in my opinion turns upon the meaning to be given to words ‘probable result’ of a race. The result means the conclusion, issue or outcome, and in my opinion ‘probable result’ must mean either the probable Winner or winners. "It is notorious that where three or more horses start, the first three obtain prize money, and in such a case to give advice as to the probable result must mean to give the name of the likely winner or the three likely winning ’(horses —in that order —this is what is colloquially known as ‘tipping’ and is the practice of newspapers in England and abroad, and in my opinion is what is aimed at by Section. 30 (1). “I have carefully perused the art’cle (Which is the foundation for the prosecutions, and in my opinion, the words complained of in no case give advice as to the probable result of the horse races if Section 30 bears the construction I have placed upon it. • CERTAINLY INDICATED FORM. “The article certainly gives some indication that, certain horses are in form, and may run prominently, hut in my opinion the language used falls short of giving advice as to the probable result of the races. The information must therefore be dismissed.” At the hearing Detective-Sergeant Quirk appeared for the police and Mr H. R. Cooper for the defendant.