RACING ILLEGAL?

Sun (Auckland), Volume I, Issue 296, 6 March 1928, Page 10

RACING ILLEGAL?

Judge’s Decision May Have Very Wide Effect SPORTS MEETINGS TOO IS there a possibility that race meetings will be in a position to be regarded as illegal, under the decision recently given by his Honour Mr. Justice Adams in the progressive euchre tournament case?

Several prominent legal men in Christchurch were approached by a “Sun” reporter recently. One definitely stated that in his opinion the judgment could have the effect of making race meetings illegal. Others qualified their agreement with “might,” but one of them stated that under the judgment sports meetings for which admission was charged, and prizes provided out of the admission money, could be looked on as illegal. The portion of the judgment which led up to the suggestion is as follows:—“His Honour said he concluded, from the authorities, that Section 36 of the Gaming Act was to be read literally; that paragraph (b) of sub-section 1 was to be read as an independent enactment; that in a prosecution under the provisions of that paragraph it was immaterial whether or not the game was one of skill, or of mixed skill and chance. A dictum of Mr. Justice Salmond, quoted by counsel for the respondent, clearly applied to paragraph (a) only. The argument that the head-note to Sections 36 to 38 Qiight be used in interpreting paragraph (b) was answered by Section 5, Sub-section (f), of the Acts Interpretation Act, 1924.” What the Law Says Paragraph (b) of Sub-section 1 of Section 36 reads: “No premises shall be opened, kept, or used—- “ For the purpose of any money or valuable thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid, as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse-race or other race, fight, game, sport or exercise, or as or for the consideration for securing for paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid.” “Will Be Illegal” A lawyer to whom the question was broached, was clearly satisfied that the interpretation made in the judgment of his Honour would have the effect of making illegal race meetings, professional sports meetings, and even amateur sports meetings and affairs like bowling tournaments, where there was an admission charge or a fee, and where prizes or trophies were offered. “It rather appears to me that horse racing is prohibited under that interpretation of the section, because it is an undertaking to give prizes,” said one lawyer. The section says that no premises shall be opened, kept or used . . . for any money or valuable thing to be given . . . the Act defines ‘premises, as, among other things, a ‘place,’ and I suppose a racecourse is a place. Of course, there is the consideration that the section is headed Betting-Uouses. I have not really gone into the question, but it certainly seems as though the suggestion that horse racing is affected may be correct.” Sports Meetings Affected? “THe important passages of the part of the judgment that you quote,” said another well-known solicitor, “are ‘to be read literally’ and, two lines lower down, ‘As an independent enactment.’ The effect of this could be taken to be that unless no trophies of any sort are offered, you can’t run a sports meeting of any sort! If money is being received for entry to the event, the money to be paid over for the purpose of providing prizes or trophies, then the proprietors or the committee or whoever is running the show, and gets the money and provide prizes for the competitors, become liable. If section 36 (b) is to be construed literally, as the judge announces, anyone who takes money at a gate with a view to providing prizes for any boxing match or professional running meeting, or even an amateur meeting for which trophies are given, will be equ-

ally as liable as those running the euchre. Practical Illustration “Take the varsity sports meeting. The committee running that now takes a risk, if money is received at the gate to provide trophies. They are ull liable. It would be impossible to do anything at all* in this line if anyone is getting money or a valuable thing. There may, of course, be safeguards against it. I haven’t had the opportunity of going into the thing fully, but that’s what I say now on the face of it. As far as race meetings go, I’m not inclined to commit myself. It is quite obvious that the whole of that section is meant to refer to racing. The heading ‘race meetings’ covers sections 28 to 35, and sections 36 to 38 come under ‘betting-houses,’ and it is obvious that the whole thing refers to races. There has never before been any suggestion that it was an independent enactment at all. The Statute calls ‘betting-houses’ premises.” Yet another lawyer who was approached required time to go into the point fully, but agreed that a cursory inspection gave the impression that race meetings might be affected. Another part of the Act, however, gave powers for race meetings.